Ray Cooley, 25, is facing murder, robbery and related charges in the death of William Fitzsimmons

NEWARK -- A 25-year-old man pleaded not guilty on Monday to charges of killing an 85-year-old Belleville man during a home invasion robbery earlier this year.

Ray Cooley, of Nutley, entered the plea through his attorney when he was arraigned before Superior Court Judge Ronald Wigler on murder, robbery and related charges in the death of William Fitzsimmons.

His attorney, Elayna Thompson, told the judge she had received evidence in the case, but she was still waiting to receive an incident report and an autopsy report.

Cooley is scheduled to return to court on Jan. 25.

Cooley is accused of killing Fitzsimmons while he was released on probation in an unrelated robbery case, court records show. In that case, Cooley pleaded guilty to a theft charge in 2013, and he was later sentenced to three years of probation, court records show.

After he was arrested in Fitzsimmons's death, Cooley was charged with violating the terms of his probationary sentence, court records show.

The probationary term was ultimately revoked and he was sentenced on Friday to a three-year state prison sentence, court records show. Additional details on the earlier robbery case were not immediately available.

In Fitzsimmons's killing, Cooley was indicted on Nov. 13 on murder, felony murder, robbery, kidnapping, burglary, theft and possession of cocaine, court records show.

Authorities have said Cooley broke into Fitzsimmons's township home on May 16 and assaulted him during a robbery. Fitzsimmons died from his injuries about two weeks later.

An investigation by the county medical examiner's office determined that Fitzsimmons died as a result of blunt force trauma, authorities have said.

According to a NorthJersey.com report, Cooley allegedly disabled Fitzsimmons's phones and bound his hands with household materials before ultimately cutting him loose. During the burglary, the house was ransacked, and costume jewelry was allegedly stolen, the report states.

Cooley has allegedly admitted to his involvement in the incident and also said he had previously shoveled snow at Fitzsimmons's house, the report states.

Fitzsimmons - who lived in Belleville for more than 60 years - had been a manager with Wakefern Food Corporation in Secaucus, before retiring, and he previously worked for Breyer's Ice Cream in Newark, according to his obituary. He also was a retired Army National Guard captain, the obituary states.

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.

Instead of bundling up with gloves, boots and winter jackets, lots of Jerseyans were sporting T-shirts, sandals and shorts on the second weekend of December.

All across the state on Sunday, New Jerseyans were enjoying a special treat delivered by Mother Nature: Record-breaking warmth.

Instead of bundling up with gloves, boots and winter jackets, lots of Jerseyans were sporting T-shirts, sandals and shorts on the second weekend of December as they strolled on boardwalks along the Shore, played sports in local parks or ate lunch at outdoor tables at cafes and restaurants.

Daily temperature records were shattered up and down the Garden State, from Newark to Atlantic City. The hottest spot in New Jersey was Oswego Lake in Burlington County, which reached 77 degrees.

PLUS: Why was it so foggy Monday morning?

Among the record highs were 73 in Atlantic City, 70 in Trenton and 68 in Newark, according to the National Weather Service. And more records could be broken Monday.

Atlantic City's record high for Dec. 14 is 65 degrees, set in 1929, and the temperature is expected to reach 68 Monday afternoon, the weather service said.

(Update: Atlantic City ended up tying its record for Dec. 14, with a high of 65 on Monday. Trenton's high was 68, breaking its old record of 67, set in 1901. Philadelphia's high was 70, breaking its old record of 69, set in 1881. And the high in Allentown, Pa., was 68, breaking its old record of 60, from 2001.)   

Where were the warmest places in New Jersey on Sunday? Here's a list of the top 25 spots, based on weather data reported by the New Jersey Weather & Climate Network. The network has temperature readings from 60 weather stations across the state, so every town is not included.

One thing, however, is clear: Temperatures in almost every corner of the state on Sunday were running 20 degrees or more above the normal high for this time of year.  

Len Melisurgo may be reached at LMelisurgo@njadvancemedia.com. Follow him on Twitter @LensReality. Find NJ.com on Facebook.

Will the warm December last?

The Newark native and NBA great will share further details alongside Mayor Ras Baraka and other dignitaries on Tuesday

NEWARK - NBA great Shaquille O'Neal will return to his native city once again Tuesday to help city officials unveil a new program aimed at steering residents into local labor unions.

"Project Impact Newark" will assist minority, veteran and female Newarkers prepare for union entrance exams, secure apprenticeships and get jobs in trades such as construction, plumbing and carpentry.

According to a city media advisory, many successful participants will be put to work on the "One Riverview" high-rise apartment tower on Rector Street.

PLUS: State OKs use of rental car tax to close Newark budget gaps

Full details on the program are set to be revealed by O'Neal, Mayor Ras Baraka and other officials at a press conference Tuesday morning at City Hall.

O'Neal has often returned to Newark since leaving the city for basketball stardom in the late 1980s. In recent years, he helped fund the city's first new movie theatre in decades, launched a children's book and co-hosted a downtown basketball tournament with Baraka.

The $68 million "One Riveriew" project at the former site of Science High School has been stalled since a high-profile ribbon cutting in 2013.

Last month, however, the City Council unanimously voted to kick in $2 million in car rental tax revenues to help jump start construction. At the time, New Brunswick-based Boraie Development said it expected to begin demolishing the existing structure by year's end.

In a separate deal approved the same day, the city also granted Boraie development rights to a parcel of land across Route 21 from the proposed tower site. The deal came after Boraie agreed not to pursue legal action after design changes to the long-delayed Triangle Park effectively eliminated its commercial stake in the project.

Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook. 

Catherine Wilson, the acting chief executive officer of the United Way of Essex and West Hudson, received the 2015 Fairleigh Dickinson University Emerging Nonprofit Leader Award at 2015 New Jersey Nonprofit Conference.

Catherine Wilson, the Acting Chief Executive Officer of United Way of Essex and West Hudson (UWEWH), was announced as the recipient of the 2015 Farleigh Dickinson University Emerging Nonprofit Leader Award. 

NEWARK -- Catherine Wilson, the acting chief executive officer of the United Way of Essex and West Hudson, received the 2015 Fairleigh Dickinson University Emerging Nonprofit Leader Award at 2015 New Jersey Nonprofit Conference held in Somerset on Dec. 2.

The conference, titled "Power, Purpose, Performance: Nonprofits Growing a Thriving Garden State," celebrates the strength of the nonprofit community and the impact these organizations have throughout the state.

This particular award promotes excellence in the nonprofit field by recognizing and calling attention to the promise and impact of talented nonprofit leaders.

Wilson received a $2,500 scholarship for any of the Spring/Fall 2016 certificate programs offered by the FDU Center for Excellence and complimentary registration to all webinars sponsored by the Center for Nonprofits in 2016.

To submit an achievement, please send an email to essex@starledger.com.

Mike Romano may be reached at mromano@starledger.com. Follow him on Twitter @mromano26. Find The Star-Ledger on Facebook.

Family members remembered the victim, Brian Schiavetti, as a loyal, joyful and loving man with a "contagious" smile

NEWARK -- As Anthony Schiavetti noted on Monday in a Newark courtroom, there will be an "empty chair" when his family gathers to celebrate this holiday season.

That chair belonged to his younger brother, Brian Schiavetti, who was gunned down during a robbery in a Montclair apartment building more than three years ago.

"Brian was special. Anyone who ever knew him could see that," Anthony Schiavetti said. "His smile was contagious and he was the most joyful, kind and genuine person I ever knew."

Before his killer was sentenced on Monday to 50 years in state prison, Brian Schiavetti's brother and mother remembered him as a loyal and loving man who enjoyed helping others and brought immense joy to his family.

Diane Schiavetti recalled how her 21-year-old son was found dead with a chain resting in his hand, including a cross and a medallion she had given him. Brian Schiavetti "fought to his death to keep them from being stolen," she said.

A picture taken at the crime scene of Schiavetti clutching that chain signifies "his deep religious beliefs and love of God and that surely he is in heaven now as a result," she said.

"There's nothing more painful than a mother losing her child, especially to murder," said Diane Schiavetti, who lived with her son.

"My home is so empty without his lively presence. It's lonely," she added. "My heart aches every day and the void of his absence can never be filled."

The man who killed Brian Schiavetti - Ernest Williams Jr., 24, of Montclair - received the 50-year prison sentence after having been convicted by a jury on Nov. 2 of felony murder, aggravated manslaughter, robbery and related offenses in the July 22, 2012 killing.

Williams was found guilty of robbing and fatally shooting Schiavetti in the hallway of a Montclair apartment building after Schiavetti and his friend traveled to the township from their hometown of Ridgefield, Conn. to purchase oxycodone pills from Williams.

Before he was sentenced on Monday, Williams said he was "sorry" to the Schiavetti family.

"If I could go back in time, I'd change it," Williams said. "Hopefully, y'all forgive me one day."

Williams must serve about 42 years and six months before becoming eligible for parole. He will receive credit for more than three years of time served.

During Monday's hearing, Williams's attorney, Sterling Kinsale, requested a sentence of 30 years in state prison, which is the minimum amount required for a felony murder conviction.

Among other issues, Kinsale pointed to Williams's youth and the fact that the case represents his first conviction for an indictable offense. A 30-year prison sentence "takes away all the productive years of Mr. Williams's life," Kinsale said.

But Essex County Assistant Prosecutor Naazneen Khan, who tried the case, called for a 75-year prison sentence. Khan argued that, in addition to killing Schiavetti, Williams has brought fear to the residents of the Montclair building where the shooting occurred.

"They will never again feel safe in their homes," Khan said. "This defendant victimized that entire neighborhood that day."

(L-R) Essex County Assistant Prosecutor Caroline Oliveira looks on as Diane Schiavetti, the mother of murder victim Brian Schiavetti, fights her emotions as she addresses the court during the sentencing of Ernest Williams Jr., 24, who was sentenced to 50 years in state prison for the July 22, 2012 shooting death of her 21-year-old son. Newark, NJ 12/14/15 (Robert Sciarrino | NJ Advance Media for NJ.com) Robert Sciarrino

In handing down the 50-year prison term, Superior Court Judge Carolyn Wright noted, among other factors, Williams's criminal record and the risk of him committing another offense.

While he has no prior felony convictions as an adult, Williams has had five arrests as a juvenile, 14 arrests as an adult and he was found guilty of disorderly persons offenses in municipal court on six occasions, according to Wright.

The judge said Schiavetti and his friend were "wrong to succumb to experimental and recreational drug use."

But Wright said Williams "took full advantage of those weaknesses and exploited them" in order to lure them to Montclair and then convince Schiavetti to go inside the building, where he robbed Schiavetti of at least $400 and shot him twice, including a fatal wound to the back of the head.

The judge noted how Williams calmly left the area, placed the loaded handgun in a garbage can and ultimately went to a party before later turning himself into authorities.

"These were the actions of a young man who was concerned only for himself, acting out of greed without concern for his family or his community," Wright said.

On the day of the incident, Schiavetti was introduced to Williams through Williams's co-defendant, James Pitts, who is the son of Essex County Undersheriff James Pitts. Pitts pleaded guilty last year to a drug charge and was expected to be sentenced to 364 days in jail.

Pitts met Schiavetti as a fellow student at Villanova University in Pennsylvania, and Pitts and Williams were neighbors in Montclair, authorities said.

After Schiavetti and his friend, Connor Gore, made the roughly 90-minute trip from Ridgefield, Conn., Williams escorted Schiavetti into the building at 25 Williams Street, where Williams claimed the pills were located. Gore, who was waiting in the car, drove off after hearing the gun shots.

At the trial, Williams asserted he acted in self-defense, claiming Schiavetti produced the handgun and that Schiavetti was killed when the two men wrestled over the weapon and the gun went off.

During the sentencing hearing, Kinsale reiterated that argument and said Williams acted under strong provocation.

But Wright said jurors rejected Williams's self-defense claims, and that she agreed with their findings. The judge said it is "absolutely clear" that there is no basis to conclude "Mr. Williams acted under any provocation brought by Mr. Schiavetti."

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.

Surveillance video helps lead to arrest in a second robbery

 NEWARK -- Police have arrested two robbery suspects in recent days, including one man caught after he allegedly tried to sell his stolen merchandise, department spokesman Sgt. Ron Glover said.

 

The manager of the 7-11 at Broad and Market streets told police last week told Metro Division officers that when he approached a man shoplifting candy, the man pulled a knife and threatened to stab the manager, Glover said.

When the man returned a few days later and again attempted to shoplift, the manager called police, Glover also said. Idris Allen, 36, was taken into custody and charged with weapons offenses and robbery. Allen was also wanted on an outstanding Newark warrant.  

In the second incident, a 22-year-old man told the Metro Division's Sgt. Louis Plaza he had been robbed of his wallet and cell phone. Officers, armed with a description of the suspects from the victim, canvassed the area, including a pawn shop. The proprietor told police two people had come in to try and sell a phone, but the proprietor refused. He also showed police surveillance video, which revealed the identity of one of the suspects, Glover also said.  

Later that day, that man, Donald Moore, 21, of Texas, was seen in the 800 block of Broad Street and arrested. He has been charged with robbery and weapons offenses.  

"Working together with the victims and just knowing the neighborhood where they work day in and day out, the officers assigned to the Metro Division investigated and ultimately arrested both suspects wanted for robbery," said Newark Police Director Eugene Venable.

"This is community policing at its best and excellent police work by the Metro officers."

Police ask that anyone with information about these or any other crimes call the department's 24-hour Crime Stoppers anonymous tip line at 877 NWK-TIPS
(877 695-8477) or NWK-GUNS (877 695-4867).

Paul Milo may be reached at pmilo@njadvancemedia.com. Follow him on Twitter@PaulMilo2. FindNJ.com on Facebook

 

Three weapons recovered in series of arrests

NEWARK -- City police arrested five people in three separate incidents over the weekend, department spokesman Sgt. Ron Glover said.

Personnel with the Special Conditions Unit were patrolling near S. 11th Street and 11th Avenue around 1 p.m. Friday when they spotted a man in a vacant building wearing a fanny pack. Officers saw the man sell drugs to another person who approached him., Glover said.  

Paul Milo | NJ Advance Media for NJ.com 

Police stopped the alleged buyer, Delanci Chandler, 53, as he was driving from the scene and kept watching Keywon Savage, 19. When Chandler was found in possession of drugs, officers arrested Savage, who had several envelopes of heroin and vials of cocaine, Glover said. A SigSauer handgun was found in Savage's pack, which had been placed in the hallway of the building, Glover also said.

Chandler was charged with possession and issued a summons for possession in a motor vehicle.  Savage was arrested and charged with the unlawful possession of the gun as well as several other weapons-related offenses. He was also charged with multiple narcotics violations.

Shortly after midnight Saturday, personnel with the Newark Violence Reduction Initiative were patrolling near Avon Avenue and S. 11th Street. NVRI has officers from the Essex County sheriff's and prosecutor's offices, the State Parole, State Police and FBI.

The officers saw a group arguing on the corner and approached, with one person yelling that the police were coming. A second person turned and adjusted the butt of a handgun sticking out of his waistband, Glover said.

Krishna Bennett, a 19-year-old Irvington resident, then ran but tripped as he was being chased by police, Glover said.  Bennett was arrested after police recovered a loaded .40-caliber Smith and Wesson. Bennett was also in possession of a small amount of crack, Glover said.  

The following morning, around 2 a.m., a car sped by patrolling officers near the New Community Corp. housing complex and later travelled the wrong way down a one-way street. When police pulled up on the vehicle as it was being parked, two of the three occupants were caught as they attempted to run. Police also spotted a .40-caliber Glock handgun inside the vehicle.

Marcus E. Kelley, 23, and 32-year-old Jermaine S. Collins were arrested and charged with the unlawful possession of a handgun as well as other weapons-related offenses.

"To meet the needs of our community, the department has reinforced its manpower in the field as well as increased patrols throughout the city. As a result, we are seeing the fruits of the officers' labor. Three loaded guns, drugs and five criminals arrested over the weekend," said Police Director Eugene Venable.

After reading a story I wrote about the Weequahic High School marching band, the Newark police and fire department have decided to join a high school alumni campaign to raise $30,000 to buy uniforms and instruments for the Weequahic High School marching band.

The pep rally on Friday wasn't for the football team. The season has already ended. And it wasn't for the basketball team, either, even though its first game is just days away.

This midday celebration was for Newark's Weequahic High School marching band, which was led into the gymnasium by the fire department's Pipes and Drums band.

"I feel appreciated,'' said Aryc Cuello, a 15-year-old sophomore who plays the bass drum. "I feel like people finally care about us.''

The band learned that the city's fire and police departments, and the office of emergency management are joining a $30,000 fundraising campaign to help them get new uniforms and replace worn-out instruments.

MORE: Recent Barry Carter columns

All of this started after I wrote a column last month about the band. The football season was seven games in and the band had not  not yet performed on the field because their instruments were in disrepair and there weren't enough orange hoodie sweatshirts and brown sweatpants for the members to wear. This attire, some of it faded, has been the kids uniforms for the past five years after the actual  band uniforms fell apart.

But despite their situation, the young people still wanted to play, encouraged by  Darryl Taylor, the assistant band director who has been volunteering to teach the kids how to do so for 28 years.  

Many of the band members were recruited by Taylor,  some while they were still in elementary school. The students - most are from charter schools without a band program - show up faithfully after school at 4 p.m. every day and practice for two hours. They could have quit, but they didn't. They see themselves as a family and no one lets members' bail on the group, even if they felt like leaving.

It's a good thing they stayed.

Myra Lawson, executive director of the Weequahic High School Alumni Association, said graduates have been calling and giving money after reading the story.

"They were horrified,'' Lawson said.

Since then, $6,000 in donations has rolled in.

"It's been heartwarming because our kids feel the stress of budget cuts around the arts and after-school and cultural programs,'' Lawson said.

MORE CARTER: Community wary after loss of Rutgers' violence center

Readers also called, wanting to know how they could help. Many were directed to Taylor, who was a Weequahic band member during the 1980s.

He's been the glue for the current band, helping director Michael Page keep the students focused on music, reminding them to be appreciative of the support coming their way. Taylor said his cellphone hasn't stopped ringing. One reader, he said, purchased $3,000 worth of new drum equipment and had it delivered to the school.

"They (students) have yet to experience what it's like to have on real uniforms,'' Taylor said. " We want them to experience it.''

Momentum for the band campaign received its biggest boost when Newark's fire department pledged to get involved with four fundraisers. One of its employees, Patricia Bradford, a program development specialist in community relations, got things moving because the band's troubles resonated with her.

In the 1980s, Bradford said West Side High School had the same problem when her kids were band members. She helped raise funds back then, and even though she's not a Weequahic graduate, Bradford said she wanted to do something for those  students.

"I couldn't let it go and not try to do something,'' Bradford said. "I have love for children and life.'' 

All of this fuss has the students giddy, smiling and relieved that someone is finally recognizing them.

"We've been working so hard,'' said Stephon Waddell, 16, who plays the trumpet. "Usually, the band doesn't get this much attention.''

The spotlight was on them twice Friday.  There was the pep rally to start and producers from "The Meredith Vieira Show'' were at the school all day to do a story about the band and the dedication of its directors, Taylor and Page.  

Surprised. Wowed.  Shocked. That's how they're feeling right about now.

This past weekend, the fire department pitched in with the first fundraiser. Four engine companies hit the streets collecting money from motorists in fire boots.  You may have seen them on McCarter Highway and Murray Street, Route 280 and First Street, Springfield Avenue and Irvine Turner Boulevard, and Broad Street and Raymond Boulevard.

"Anything you can do to help a kid is a homerun,'' said Fire Chief John Centanni.

After the pep rally, the band retreated to the band room, where some of them continued to play, not letting up.  They were singing and playing drums. One of them was on the tuba, blowing hard. The dancers practiced dance steps.

This is what they do. They play with Indian - the school's mascot - pride, making as much musical noise as they possibly can, even though they didn't think anyone was listening.

Somebody heard them and that's why good things are happening.

Barry Carter: (973) 836-4925 or bcarter@starledger or nj.com/carter or follow him on Twitter @BarryCarterSL

New Jersey is home to at least 128,000 active heroin users, struggling in silence all around you.

The scourge of New Jersey's heroin crisis is closer than you know. 

Today, NJ Advance Media is publishing the result of a year-long reporting project, detailing heroin and opioid addiction in a state where it has run rampant. 

We're calling it Herointown, and it combines the most robust data ever assembled on the state's heroin population with original artwork, interactives and hundreds of stories from the people who are living through it  

So, come with us to Herointown.  You know someone there already, you just may not know it. 

The City

Herointown has a population of 128,000, and its growing faster than any city in the state.

The Dead

Heroin has been blamed for more than 5,000 deaths in New Jersey since 2004. Here is every one of them.

In their Own Words

An interactive collection of more than 200 stories from people who are or have lived through heroin addiction, be they users themselves or their loved ones.

By the numbers

Nine startling statistics that crystalize just how far the state's heroin problem has reached into day-to-day life in New Jersey.

Heroin's spread

This interactive map shows how heroin's scourge has exploded in New Jersey over the last 10 years.

About this project

Learn how this project came together. 

With Tuesday marking the second anniversary of Dustin Friedland's killing, a criminal case and a lawsuit over the fatal carjacking continue to wind their way through the court system in Essex County Watch video

NEWARK -- Two years after her husband was killed in a carjacking at The Mall at Short Hills, the experience continues to haunt Jamie Schare Friedland.

"After what she lived through, every day is a struggle," Friedland's attorney, Bruce Nagel, said.

Returning to their car after holiday shopping at the upscale mall in Millburn on Dec. 15, 2013, Dustin Friedland opened the passenger side door of the Range Rover for his wife to get inside.

Moments later, two men allegedly approached Dustin Friedland outside the vehicle and ultimately shot him in the head during a struggle. Jamie Schare Friedland was then allegedly forced out of the car at gunpoint and the assailants sped off in the Range Rover.

As her husband laid dying on the pavement of the mall parking deck, Friedland frantically called 911 for help.

"Yes, this is an emergency. I'm at the Short Hills mall parking lot," Friedland screamed at the 911 dispatcher. "My husband has been shot."

With Tuesday marking the second anniversary of Dustin Friedland's killing, a criminal case and a lawsuit over the fatal carjacking continue to wind their way through the court system in Essex County.

Four criminal defendants - Karif Ford, Basim Henry, Hanif Thompson, and Kevin Roberts - have been pursuing pretrial motions as they face murder and related charges in the incident.

Meanwhile, Jamie Schare Friedland is suing the mall's owners and other defendants, claiming they failed to provide adequate security at the shopping center and could have prevented the death of Dustin Friedland, a 30-year-old Hoboken attorney.

According to court documents in the civil case, Friedland suffers from Post-Traumatic Stress Disorder and remains fearful of someone breaking into her home.

In a phone interview on Friday, Nagel accused the mall's owners, Michigan-based Taubman Centers, Inc., and other defendants in the litigation of dragging out the case and "doing everything possible not to take responsibility and to try to wear her down."

"It's simply disgusting after what she's been through," Nagel added. Nagel said Friedland declined to be interviewed for this article.

But Stanley Fishman, an attorney for Taubman Centers, has said the killing was a "random act of violence," and that the shopping center could not have prevented it.

"We did everything we could possibly do," Fishman said at a July 31 court hearing. "We could've had a hundred police officers there, but a random act of violence is a random act of violence."

Mall officials declined to discuss whether they have implemented any security changes at the shopping center in response to the fatal carjacking.

In a statement on Friday, mall attorney Christopher E. McIntyre said: "The safety of our customers, retailers and employees is our first priority. For decades we have worked with local authorities, including the Millburn Police Department, to protect our guests, and we will continue to employ all available resources this holiday season. However, we will not discuss the details of our security program so as not to diminish its effectiveness."

The Criminal Case

• Nearly a week after the incident, the criminal investigation led to the arrests of the four alleged killers - Henry, 34, of South Orange, Thompson, 31, of Irvington, and Ford, 33, and Roberts, 37, both of Newark. The four men have been accused of arriving at the mall in a GMC Suburban and carjacking Friedland's Range Rover.
• The wide-ranging investigation included a review of mall surveillance videos and cell phone records as well as the assistance of confidential informants, according to court documents in the criminal case.
• One key piece of evidence is a statement to police by Ford, in which he allegedly admitted that he and his three co-defendants were involved in the fatal carjacking, court documents state.
• The four men were indicted in September 2014 on six counts, including murder, felony murder, carjacking, conspiracy and weapons offenses. They have pleaded not guilty to the charges.
• In recent months, the criminal case has been marked by the defendants' failed efforts to gather more information from prosecutors and prevent certain evidence from being used against them at their trial.

The four men charged in a fatal carjacking at The Mall at Short Hills -- Karif Ford, Basim Henry, Hanif Thompson, and Kevin Roberts -- appeared on Monday, July 27, with their attorneys before Superior Court Judge Michael L. Ravin. Pictured from right to left are Essex County Assistant Prosecutors Ralph Amirata and Brian Matthews; Dennis Cleary, Henry's attorney; Jennifer Sellitti, Thompson's attorney; Raymond Beam, Ford's attorney; and Albert Kapin, Roberts's attorney. The four defendants stood behind their attorneys. (Bill Wichert | NJ Advance Media for NJ.com)
 

• The defendants pursued a motion to reveal the identity of a confidential informant, whose information ultimately led to Ford's alleged confession, court documents state.  Superior Court Judge Michael L. Ravin on Nov. 20 denied that motion. 
• That same day, the judge denied a defense motion to suppress phone records connected to Henry and Thompson.
• The defendants asserted the phone records should be inadmissible at their trial, because affidavits filed to attain them contained the false statement that a certain license plate could be seen in the surveillance video footage. Ravin found the language in the affidavits was consistent with the state's assertion that the license plate number was provided by a confidential informant.
• As the defendants have been pursuing motions, their attorneys have challenged the judge's fairness in the case. Over the summer, the defendants joined in a motion to recuse Ravin, because he had previously approved numerous warrants in the case. The judge denied that motion, saying he remains impartial.
• The defense attorneys also have questioned whether the judge was treating their clients fairly, because he has instructed the lawyers to present their arguments about motions in writing and not through oral arguments in the courtroom. Ravin has said oral arguments are not required in criminal cases and that the written submissions allow him to deliberate on the issues. "Whoever wants a fair trial, they're in the right place," Ravin said at a Nov. 20 hearing.

The Civil Case

• About three months after the fatal carjacking, Jamie Schare Friedland filed her lawsuit in March 2014 in Essex County Superior Court. In addition to Taubman Centers, the defendants include California-based Universal Protection Service, which has provided security services at the mall, and the Millburn-Short Hills Volunteer First Aid Squad.
• Squad members had trouble accessing the crime scene after an ambulance could not fit under the parking deck's ceiling, forcing emergency workers to roll a stretcher up the ramp and then wheel Dustin Friedland back down, the lawsuit states.
• The lawsuit alleges the mall's owners knew of the history of carjackings in Essex County and failed to protect patrons during the busiest shopping season of the year.
• One of the hotly contested issues in the litigation has been the release of mall surveillance videos related to the incident.

• The mall's owners sought a "protective order" to prevent public disclosure of the videos, claiming that prospective criminals could use the footage to determine the location of the cameras. Superior Court Judge James S. Rothschild, Jr. in November 2014 said that was "a fairly unlikely scenario," and denied the request for an order covering the videos. According to Bruce Nagel, the attorney representing Friedland in the lawsuit, the videos show the alleged killers driving around the mall on the night of the carjacking. Another set of videos also show the suspects' SUV following another Range Rover on Dec. 12, 2013, Nagel said.
• In another ruling, Rothschild in July ordered Taubman and Universal Protection Service to turn over documents related to their security expenses and prior criminal activity at the mall.
• The latest legal battle has centered on Friedland's claim for the negligent infliction of emotional distress from witnessing her husband's death. Taubman and Universal Protection Service have argued that claim should be dismissed due to a lack of evidence that Friedland was aware of their alleged negligence at the time of the incident, court documents state. Rothschild has denied their requests, saying that standard was limited to medical malpractice cases. Universal Protection Service is appealing his decision in the Appellate Division.
• A separate legal dispute also is ongoing over which insurance providers would be responsible for paying damages to Friedland. Two insurance providers - one on behalf of Taubman and one on behalf of Universal Protection Service - have claimed each other is responsible for any damages that may be awarded, according to Nagel. Rothschild has ruled he will select the responsible provider, but the providers are challenging his authority to do so in an appeal filed with the Appellate Division, Nagel said. "The insurance issue is certainly putting a damper on settlement discussions," Nagel said on Friday.

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.

Sheilah Coley started work in East Orange on Nov. 30, officials said.

EAST ORANGE -- When Sheilah Coley retired from the Newark Police Department just over a year ago, the 25-year veteran was highly praised for the work she did there, and for the barriers she broke.

Coley was the department's first-ever female chief, and its first female director.

"As the first African-American woman police director, she is truly to be commended as a trailblazer with an impressive longevity in the Newark Police Department," Newark Mayor Ras Baraka said of Coley at the time.

About a year into her retirement, Coley has taken a job in her hometown, East Orange. The city announced last week that it has created a new Department of Public Safety, an umbrella agency consisting of the recently consolidated departments of police, fire, and emergency management. And Coley will be at its helm.

East Orange hopes to turn 700 abandoned properties into a bright future

As she is settling into the role - another first for a female officer - Coley said she isn't thinking about her personal legacy.

"I'm pretty much just doing my job," she said in a phone interview Monday. "I've always been persistent with moving forward in my career, but I didn't do it so I could (be the first) at anything."

The new department and director are signing on at a time when city officials say East Orange is experiencing a resurgence. Despite several fatal shootings and large-scale drug busts over the summer, city officials say the overall crime rate is going down.

The city reported 719 property and violent crimes during the first seven months of this year, a 21 percent decrease from the number of offenses reported during the same period last year, officials said. From 2003 to 2014, the murder rate in the city dropped 73 percent.

Coley said one of her main goals is to work with the department to continue the downward trend, but she won't be implementing many of the initiatives she oversaw in Newark.

"We don't have the same issues here," she said, noting a recent uptick in Newark homicides. But, some of the "smaller initiatives" she saw in Newark, like those aimed at "building bridges" between police and fire officials and the community, might work in East Orange, she said.

Coley's appointment is awaiting review and a vote from the city council, which officials said will likely happen in January. Some of Coley's first tasks will include taking an inventory of the departments' equipment and facilities, and reviewing their budgets to see how sharing expenses between them could cut overall costs.

Coley's salary was not made immediately available.

East Orange has not had a police director for five years, since then-director Jose Cordero retired after the city council voted not to renew his $160,000 contract. 

Councilwoman Quilla Talmadge, who chair's the board's public safety committee, said it was time to bring a director to both the police and fire departments. While the chiefs will handle the day-to-day operations of the departments, Coley will oversee the administrative aspects, Talmadge said. So far, she said the partnerships have been working well.

"Crime is still going down overall...but we can do even better," she said.

"(Coley) seems to be the one who can pull it all together."

Jessica Mazzola may be reached at jmazzola@njadvancemedia.com. Follow her on Twitter @JessMazzola. Find NJ.com on Facebook.

 

Charges have not been filed, but an investigation is continuing, officials said.

A man was struck and killed in Newark Monday, authorities said. (File photo)
 

NEWARK -- Authorities are investigating a Monday evening incident in which a tractor-trailer hit a pedestrian and a parked car, killing the pedestrian.

At about 5:05 p.m., the truck struck Richard Williams-Holt, 40, of Newark in the area of Chancellor Avenue and Leslie Street, Acting Essex County Prosecutor Carolyn A. Murray and Newark Police Director Eugene Venable announced in a release. He was killed by the strike, authorities said.

The driver of the truck, who has only been identified as a 43-year-old Newark man, hit both the man and a parked car, authorities said.

According an NBC report, witnesses said the driver left the scene after the strike. When asked about the allegation, Prosecutor's Office spokeswoman Katherine Carter said, "the matter is under investigation, but the truck driver did go to the police after the incident."

No charges have been filed in connection with the fatal strike, but an investigation by the Essex County Prosecutor's Office Homicide/Major Crimes Task Force and the Essex County Prosecutor's Office Crash and Fire Investigations Unit is ongoing, officials said.

Jessica Mazzola may be reached at jmazzola@njadvancemedia.com. Follow her on Twitter @JessMazzola. Find NJ.com on Facebook.

 

The slaying on the 100 block of Columbia Avenue is the city's 97th of the year

Police are investigating after a man was shot and killed in Newark's West Ward Tuesday morning. (Star-Ledger file photo)

NEWARK - A man was shot and killed in the city's West Ward this morning, according to authorities.

Essex County Prosecutor's Office spokeswoman Katherine Carter confirmed that detectives with the agency's Major Crimes and Homicide Task Force were on scene on the 100 block of Columbia Avenue following the slaying. She could not say exactly when it occurred.

The investigation remains in the early stages, and the victim has yet to be publicly identified. No arrests have been made.

The incident marks the 97^th homicide of the year in Newark, according to police statistics.

Correction: An earlier version of this article provided an incorrect count of homicides for the year.

Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.

 

Of the 150 largest cities in the country, personal finance website WalletHub ranked Newark No. 140 and Jersey City No. 142 overall for singles.

Single and ready to mingle?

If your answer is yes, living in New Jersey's two largest cities may not help your relationship status, a new study says. 

Of the 150 largest cities in the country, personal finance website WalletHub ranked Newark No. 140 and Jersey City No. 142 overall for singles. 

The website formed its rankings based on two equally weighted groups of metrics: "dating economics" and "romance and fun."

Jersey City ranked poorly when it came to the price of a movie ticket -- which factors into dating economics -- at No. 139 overall. At the AMC movie theater in Newport Centre mall, the price of an adult ticket for a Friday evening movie is $12, according to Fandango. 

Newark ranked slightly better for the price of movie tickets, at No. 126.

Jersey City ranked highly for online dating opportunities at No. 36, while Newark slumped at No. 118. 

For dining options, which , both cities ranked well with Jersey City at No. 47 and Newark at No. 52. The cities tied for meal costs at No. 72. 

Last year, Jersey City ranked No. 144 overall in the same study.  

Singles looking for their "happily ever after" may want to check out Salt Lake City, Orlando Fla., Tempe, Ariz., Atlanta, or Scottsdale, Ariz. -- which ranked No. 1 through 5, respectively, according to the report.  

The study collected data from the U.S. Census Bureau, the U.S. Bureau of Labor Statistics, the Federal Bureau of Investigation, the Council for Community and Economic Research, Numbeo, ESRI, the U.S. Department of Housing and Urban Development, the Trust for Public Land, Yelp, Tripadvisor and Gallup Healthways.

 

We still have two weeks left in the month, but if the warm trend continues, New Jersey could match or break an all-time record for its warmest December.

The December warm spell keeps on rolling, with additional temperature records shattered Monday -- and again Tuesday morning -- and warmer-than-usual highs expected for another three days before the mercury starts to cool down.

Halfway through the month, weather experts are keeping a close eye on the all-time record book, saying there's a possibility this could turn out to be the warmest December ever in New Jersey.

The warmest on record was in 2006, when the Garden State averaged 42.2 degrees, followed by 2001, when the state averaged 41.7 degrees.

"We're certainly on a pace to challenge the 2006 record," State Climatologist David Robinson said Tuesday morning, "and already almost a lock to be in the top 10."

During the first 14 days of this month, New Jersey's average temperature was running about 10 degrees above normal as a wave of warm air blanketed most of the East coast and colder air remained locked up in northern Canada.

To calculate the final monthly average, temperature readings from all across the state for the 17 remaining days (Dec. 15 to Dec. 31) have to be factored in.

PLUS: Why was N.J. so foggy Monday morning?

Computer forecast models are showing cooler, but closer-to-normal, temperatures flowing into New Jersey this weekend before warmer air returns next week. Highs will be in the low 40s during the weekend, then could rise as high as the upper 60s by Christmas Day, according to AccuWeather projections.  

Long-range forecasts are predicting above-normal temperatures, in the high 40s to low 50s, to persist through New Year's Eve.

NEW RECORDS SET

Among the temperature records broken Tuesday were those in Newark and Trenton, according to the National Weather Service.

Newark had a high of 68 degrees, one degree higher than the city's previous record for Dec. 15, set in 2008. Trenton had a high of 67, one degree higher than the city's old record, set in 1971 and tied in 2008. 

Several new record high temperatures set earlier today, December 15th. pic.twitter.com/lTT8t61Ccp

-- NWS Mount Holly (@NWS_MountHolly) December 15, 2015

Shortly after midnight, high temperature records were broken at 5 of our 6 climate sites. pic.twitter.com/WYCQT2rnmk

-- NWS New York NY (@NWSNewYorkNY) December 15, 2015

A total of 21 daily record highs were broken in the past 3 days at our 8 climate sites. pic.twitter.com/hmBImkJrX3

-- NWS Mount Holly (@NWS_MountHolly) December 14, 2015

Len Melisurgo may be reached at LMelisurgo@njadvancemedia.com. Follow him on Twitter @LensReality. Find NJ.com on Facebook.

 

A man says a neighbor witnessed the lawn decor attack, police say.

A man says a neighbor witnessed the lawn decor attack, police say. File photo. (Jessica Mazzola | NJ Advance Media for NJ.com)
 

CEDAR GROVE -- They may not be the most demure decor, but it's hard to imagine what a blow-up Santa could have done to offend two men who police say targeted the holiday decoration in an attack last week.

According to a Cedar Grove police report posted on the department's website, an Anderson Parkway resident reported at 8:38 p.m. on Dec. 9 that a neighbor saw a dark Jeep pull up to the man's front lawn.

Two men got out of the car and began punching the $100 inflatable lawn decoration, the report says. They then got back in the car, and were seen driving toward Stevens Avenue, the report says.

Police investigating the Santa attack found several punctures in multiple locations on the decoration, it says.

A search for the alleged attackers did not locate them.

Jessica Mazzola may be reached at jmazzola@njadvancemedia.com. Follow her on Twitter @JessMazzola. Find NJ.com on Facebook.

 

 

Will colder air creep into the Garden State in time for Christmas?

If you happen to have a new winter coat or a snow blower on your Christmas list this year, you probably won't need to use those gifts for quite a while.

Some long-range weather forecast models are predicting a balmy Christmas Eve and Christmas Day in New Jersey, with temperatures soaring into the 60s -- about 20 degrees above normal. 

AccuWeather is predicting a high of 61 on Dec. 24 and a spring-like 68 on Dec. 25 for Newark, and The Weather Channel is projecting a high of 66 and 61 for those two days, with a 50 to 60 percent chance of rain showers.

PLUS: N.J.'s warmest December ever?

The National Weather Service says it's still too early to put solid numbers on its Christmas forecast, but there's a "90 percent probability of above-average temperatures," said Lance Franck, a meteorologist at the weather service office in Mount Holly.

Does that mean there's absolutely no shot of a white Christmas?

"It's just too far out for us to really know," Franck said. "We just don't know at this point."

Even though temperatures have been running far above normal throughout this month, Franck noted there's always a possibility of colder air sweeping in for a couple of days, as will be the case this weekend.

In fact, there's a slight chance of light snow showers Friday night, as the temperature drops into the low 30s across much of the Garden State, Franck said. But no accumulation is expected.

The chilly weekend temperatures are expected to be followed by another warm spell, with temperatures heading back into the 50s and 60s next week. 

For all those dreamers out there, the historic probability of a white Christmas in New Jersey during any given year is 20 percent for the northern and central regions and 10 percent or less for southern counties.

Len Melisurgo may be reached at LMelisurgo@njadvancemedia.com. Follow him on Twitter @LensReality. Find NJ.com on Facebook. 

 

The program, dubbed "Project IMPACT" will look to provide minorities and women from Newark a path to highly coveted union jobs Watch video

NEWARK - Not long ago, the prospect of a $55-per-hour job seemed little more than a pipe dream to Eric Rollins. Today, however, the 35-year-old lifelong Newark resident can see a clear path to just that.

Rollins is among a small pool of applicants for "Project IMPACT" - a program officially launched today by city leaders and NBA great Shaquille O'Neal that aims to help Newarkers land a spot in local labor unions.

"Everybody in Newark knows it's not really easy to find a good paying job," he said. "$55 an hour? That's unbelievable. It would change my life drastically."

Working with the city's Office of Affirmative Action, Rollins and other applicants will receive guidance on obtaining their GED, preparing for aptitude tests and developing other skills designed to earn them a card with local plumbing, carpentry and construction unions.

"No matter how much of a foundation we lay out...unless we prepare them for what's to come, none of our efforts will work," said Deputy Mayor for Employment Rahaman Muhammad. 

MORE: Sale of Ironbound lot could pave way for new era in iconic Newark neighborhood

Rehabilitation work recently began on the tower's future home on Rector Street, but will need hundreds of hands as work moves closer to completion. 

Baraka and other officials noted that they have emphasized putting Newarkers to work since taking office last year, passing legislation requiring contractors to hire a certain number of residents and working with prisoner re-entry programs to help find them steady, legitimate income - often on the various construction projects springing up around the city.

"When Newark becomes a great and beautiful city as is happening before our very eyes, the residents can benefit too," he said.

O'Neal, who has thrown his backing behind multiple development projects in Newark through his partnership with Boraie, said he planned to move into the tower's top floor after it was completed as a symbol of his enduring commitment to his hometown.

"Newark made me who I am. I just love this city. I've been coming back here since 1995,' he said. "I'll be here."

The local legend was not alone in his aspirations, however, as Rollins too admitted he hoped to one day lay his head in the tower he might help build.

"That'd be beautiful. It'll definitely be a step up for Newark residents," he said. "I'd be living proof."

Samad Livingston, 38, of East Orange, is facing murder and weapons charges in the Jan. 16, 2014 killing of Charles Walker in Newark

NEWARK — The jurors fixed their eyes on the photo of Charles Walker's lifeless body laying on the porch of a Newark home after he had been shot in the head.

The man accused of pulling the trigger — Samad Livingston — sat at the defense table as his trial got under way on murder and weapons charges in the Jan. 16, 2014 killing.

In opening statements on Tuesday in Livingston's trial, Essex County Assistant Prosecutor Eric Plant claimed Livingston, 38, of East Orange, gunned down Walker, 35, at 870 South 20th Street in Newark as part of a territorial dispute between the two drug dealers.

The two men had an agreement in which Livingston sold drugs after 2 a.m., Plant said. When Walker made a sale on South 20th Street after 2 a.m. that day, Livingston became angry and "he sought to eliminate his competition from that area," Plant said.

Plant told jurors a witness observed a dispute between the two men moments before the shooting.

By the end of the trial, Plant said he will prove beyond a reasonable doubt that Livingston "had the motive, the opportunity and did fire that fatal shot."

After opening statements, Plant presented Detective Kevin Lalicon of the prosecutor's office as his first witness and questioned him about photos taken at the crime scene, including the one of Walker's body on the porch.

But Livingston's attorney, John McMahon, argued Walker was killed before Livingston arrived at the scene.

McMahon disputed Plant's assertion that Livingston and Walker were rival drug dealers. Instead, McMahon said the two men were "the best of friends" who vacationed together and spent holidays with one another.

"They were family," McMahon told the jury. "They weren't rival drug dealers."

McMahon also took aim at the credibility of a key witness in the case. That witness claims she saw a dispute between the two men, walked down the street, heard a gun shot and turned around to see Livingston fleeing the scene in a vehicle, McMahon said.

According to McMahon, that woman is a "lifelong drug addict" and there is "nothing reliable about her."

McMahon claimed the evidence shows the woman's story is false. For example, the woman is not seen on surveillance video footage of the area where she claims to have been walking, McMahon said.

The woman also asserts she believes Livingston was standing at the bottom of the front steps when he fired the weapon at Walker on the porch and then fled the scene, but the trajectory of the bullet suggests Walker was shot from behind, McMahon said.

The woman alone is "not enough to reach that weight of proof beyond a reasonable doubt," McMahon said.

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.

State Superior Court Judge Mary Jacobson in Trenton rejected a request by the Election Law Enforcement Commission to hold open its case against Essex County Executive Joseph DiVincenzo indefinitely. The powerful Democrat is accused of spending thousands in campaign funds on personal expenses.

TRENTON -- Efforts by the state's election watchdog agency to keep alive its enforcement action against Essex County Executive Joseph DiVincenzo were rejected by a judge Tuesday, but the matter was sent to the Appellate Division for possible appeal.

State Superior Court Judge Mary Jacobson in Trenton turned down a request by the Election Law Enforcement Commission to hold open the case indefinitely, transferring it over to the Appellate Division which she said had exclusive jurisdiction.

ELEC now has 45 days to appeal the decision.

Attorneys for DiVincenzo said it would be inappropriate to comment because the matter was still potentially pending, assuming ELEC pursues the matter in the Appellate Division.

A hearing officer for the Office of Administrative Law in September recommended dismissal of the case--citing the recusal of the lone Democrat on the commission that left it without a necessary bipartisan quorum.

DiVincenzo, a powerful Essex Democrat and major Christie supporter, is accused of spending thousands of dollars in campaign funds for personal expenses, including gym membership fees, tickets to sporting events and trips to Puerto Rico. First charged by the election commission in October 2013, DiVincenzo allegedly misused more than $16,000 in campaign funds and failed to disclose nearly $72,000 in campaign spending over a two-year period.

Those expenses included more than $9,000 for airfare, as well as hotel stays and food for two trips to Puerto Rico during the Super Bowl weekends in 2011 and 2012. The county executive described the event as a political retreat for Essex County Democrats. According to the complaint, DiVincenzo also used his campaign account to pay for tickets to the U.S. Open tennis tournament, Devils games and a Houston Astros game; a $676.94 tuxedo at Joseph A. Bank; a $97.25-a-month gym membership;  and more than $100 in parking tickets in Nutley,  his hometown at the time.

ELEC took action after a DiVincenzo political opponent, Marilynn English, filed a complaint in 2011 about the Essex County executive's lack of disclosure on campaign finance reports.

Attorneys for DiVincenzo argued the complaint against the county executive was legally deficient, and a hearing officer ultimately agreed. By law, the four-member election commission cannot have any more than two members of the  same party--traditionally two Democrats and two Republicans. With the recusal of Timpone and the other seat vacant, however, just two Republicans were left to vote to bring the complaint.

Administrative Law Judge Jeff Masin, who issued the recommendation calling for the case to be dismissed, said the Legislature had specifically precluded the ability of a single-party majority from making a determination in any campaign enforcement matter in New Jersey.

ELEC attorneys argued that the statutes governing ELEC were silent on the specifics of a quorum in the section that empowers it to issue complaints. At the same time, the commission sought to the matter kept alive indefinitely until the governor appointed another Democrat.

Attorneys for DiVincenzo argued in court briefs, however, that the commission was in the wrong court in its efforts to block dismissal of the case. "The appellate division has the sole and exclusive jurisdiction to consider appeals of state agency actions," stated Angelo Genova in a filing. "Here, ELEC seeks to do an 'end-run' around the appellate division's exclusive jurisdiction over final agency actions."

The judge agreed that jurisdiction rested with the Appellate Division. ELEC officials had no comment on the judge's decision.

"We're considering our options," said a spokesman.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Find NJ.com on Facebook.