TRENTON – Oscar DeJesus, 36, is serving a 16-year sentence in state prison for the armed robbery of a Rio Grande department store Sept. 5, 2014.
The Appellate Division of Superior Court ruled Oct. 5 that DeJesus should be retried based, in part, because the prosecutor in the case “urged the jury to “do (its) job (,)” coming dangerously close to a call to action, or asking the jury to protect society, or asking them to send a message to those who commit crimes…A call to action was both unnecessary and has no place in a fair trial.”
According to a Middle Township Police Department release of the crime, DeJesus and another male were arrested Sept. 8, 2014 in connection with the robbery.
The incident took place at about 8:59 p.m. Sept. 5, and was reported as an armed robbery.
The release stated that an individual, “described as either a Hispanic or light-skinned black male…wearing all dark clothing with a do-rag on his head and around his neck, entered the store, displayed a firearm then threatened store employees and demanded money from the cash register.” No physical injuries resulted during the incident.
The two-judge Appellate Court wrote, “Tried by a jury, defendant Oscar DeJesus was convicted of first-degree robbery… After denying his motion for a new trial, the trial judge sentenced defendant on Jan. 29, 2016, to a 16-year state prison term subject to 85 percent parole ineligibility. Defendant appeals his conviction. We reverse and remand for a new trial.”
The 30-page decision may be found on njcourts.com under Opinions “Unpublished.” That reference means the case cannot be cited in future cases. Such references may only be made to “Published” opinions.
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