Appeals Court Upholds Deadly DUI Conviction Despite Prosecutor's 'Improper' Remark

In a significant ruling that reaffirms the sanctity of plea agreements, a New Jersey appeals court has upheld the deadly DUI conviction of Ashley Anne Nunez, dismissing her argument that an "improper" remark made by the prosecutor during her sentencing should invalidate her guilty plea.

The case stems from a tragic incident on October 30, 2017, when Nunez, then 31, of Lacey Township, struck and killed 57-year-old Brian Barnes of Barnegat as he walked along Route 9 in Stafford Township.

Investigations revealed Nunez was driving under the influence of a potent cocktail of illicit substances, including heroin, fentanyl, clonazepam, and gabapentin.

In 2019, Nunez entered a guilty plea to aggravated manslaughter, leaving the scene of a fatal accident, and multiple drug offenses. She was subsequently sentenced to 15 years in state prison, with the stipulation that she must serve 85% of her sentence before becoming eligible for parole under the No Early Release Act.

Nunez later sought to overturn her conviction, asserting that a particular comment by the prosecutor during her sentencing hearing tainted her plea.

The prosecutor, addressing Nunez's claims of ignorance regarding the effects of the drugs she consumed, remarked, "Oh woe is me, I did not know that the drugs would cause me to kill someone on the road." Nunez argued this statement was prejudicial and influenced her decision to plead guilty.

However, the appellate panel, consisting of Judges Mary Gibbons Whipple, Jessica Mayer, and Catherine M.

Hogan, meticulously reviewed the arguments. While they acknowledged the prosecutor's remark was indeed "improper," they ultimately concluded it was not "prejudicial" enough to warrant undoing the meticulously negotiated guilty plea. Crucially, the court emphasized that the comment was made after Nunez had already entered her plea, specifically during the sentencing phase, rather than during the plea negotiation process itself.

The judges highlighted that plea-bargain agreements are akin to contracts, and the integrity of such agreements is paramount.

They referenced previous legal precedents, underscoring that a prosecutor's improper remarks during sentencing, while regrettable, typically do not invalidate an otherwise valid guilty plea unless they directly impacted the voluntariness or intelligence of the plea itself.

The court's decision also implicitly acknowledged the context in which the prosecutor's comment was made.

During sentencing, the prosecutor referenced Nunez's extensive criminal history, which included a previous DUI conviction in 2013 and three prior drug convictions between 2014 and 2016. This history undermined Nunez's assertion of not understanding the potential consequences of her drug use and driving.

Ultimately, the appeals court affirmed the lower court's judgment, ensuring that Ashley Anne Nunez will continue to serve her sentence for the deadly DUI.

The ruling serves as a stark reminder of the serious consequences of impaired driving and the legal system's commitment to upholding justice, even when courtroom rhetoric touches sensitive boundaries.