Anwar Crockett and Ali Ibn Karim must be resentenced, because they illegally received both mandatory and discretionary extended prison terms, a state appeals court has ruled
Anwar Crockett, 35, and Ali Ibn Karim, 35, both formerly of Elizabeth, must be resentenced, because they illegally received both mandatory and discretionary extended prison terms, a state appeals court has ruled. NEWARK -- A state appellate panel has ordered new sentences for two men who received extended prison terms for shooting at police officers in 2010 during a high-speed car chase between Elizabeth and Newark.
Following their convictions on eluding and related offenses, Anwar Crockett, 35, and Ali Ibn Karim, 35, both formerly of Elizabeth, were each sentenced in May 2013 to mandatory and discretionary extended terms.
Crockett was sentenced to 30 years with a 22-year period of parole ineligibility, and Karim was sentenced to 24 years with a 19-year period of parole ineligibility.
But in a decision released on Friday, the state appeals court ordered the two men to be resentenced, because the New Jersey Supreme Court ruled in 2014 that a defendant could not be sentenced to discretionary and mandatory extended terms in the same sentencing proceeding.
That Supreme Court ruling should be applied to Crockett's and Karim's sentences, because the ruling was issued while their appeals were pending, according to the appellate decision.
The appellate judges, however, upheld Crockett's and Karim's convictions and rejected their various arguments about the 2013 trial.
"The car chase exposed the pursuing police officers, innocent pedestrians and motorists, as well as Crockett and Karim themselves to a substantial risk of death or serious injury," the decision states.
MORE: Two Elizabeth men convicted of firing on police but acquitted on murder charges
The jury convicted Crockett and Karim of eluding, conspiracy to commit aggravated assault, possession of cocaine and weapons charges. Those offenses were related to the car chase on Sept. 19, 2010.
In a subsequent bench trial, Superior Court Judge Martin Cronin found them guilty of possession of a weapon by a convicted felon.
Anwar Crockett At the trial, Crockett and Karim were acquitted on murder and related charges in connection with the Sept. 15, 2010 fatal shooting of Reginald Wilson, 26, and Ishmeal Bowers, 32, both of Newark.
The victims were killed in the area of Concord Street and Sherman Avenue in Newark while sitting in an Audi outside a bar. An alleged shooter purportedly drove the car from the scene, and the vehicle was later found burnt in Elizabeth, according to the appellate decision.
An acquaintance of Crockett and Karim testified at the trial that, on Sept. 16, 2010, Karim told him he and Crockett had been involved in a shooting the night before, the decision states. The acquaintance claimed Karim said the shooting resulted from a "robbery gone bad," the decision states.
At about 3 a.m. on Sept. 19, 2010, police received reports that gunshots had been fired at a red Pontiac in Elizabeth, the decision states. Soon after, Elizabeth police officers spotted the vehicle and attempted to pull it over, but the car sped off, the decision states.
During the chase, the driver and the passenger both fired guns at the police officers, the decision states. At the time of the chase, the acquaintance testified he saw Crockett driving and Karim on the passenger side, the decision states. The chase ended when the Pontiac crashed in Newark, the decision states.
When Crockett got out of the vehicle and "assumed 'a tactical position to fire' at the officers," several officers shot him, took him into custody and brought him to a hospital, the decision states.
A police officer testified at the trial that he saw Karim climb out of the car after the crash, but Karim was not found at the scene, the decision states. Karim was arrested on Sept. 24, 2010 for two robberies, and he was later identified by the police officer as being the passenger in the car chase, the decision states.
In the Pontiac, investigators found "a handgun and a .9mm sub-machine gun," the decision states. A .9mm shell casing collected from the scene of the double-homicide matched the sub-machine gun collected from the vehicle, the decision states.
The DNA of Crockett, Karim and a third person also was found in the vehicle, the decision states.
Ali Ibn Karim Among the arguments made in Crockett's and Karim's appeals, Karim argued the photo array shown to the officer who identified him was "impermissibly suggestive," the decision states. He argued the officer "must have had some information concerning his identification before he was shown the photo array," the decision states.
But the appeals court affirmed a Superior Court judge's findings that there was no evidence to support the contention that the officer knew of Karim's involvement in the police chase, or was shown Karim's photograph before the photo array.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.
