Those furious a 17-year-old accused of fatally mowing down two teenage girls this week is being charged as a juvenile and still allowed to sleep in his own bed instead of a jail bunk may soon get some satisfaction next week — when experts told The Post he may be tried as an adult.
Vinnie Battiloro has been accused of killing Maria Niotis and Isabella Salas Monday in an intentional hit-and-run in Cranford, and now faces two counts of first-degree murder.
The girls, both 17, were sharing an e-bike when police say Battiloro rammed his Jeep into them. Battiloro, whose father and uncle are local law enforcement officers, was questioned after the fatal incident, and released.
He was formally charged and arrested Wednesday.
Cops said Battiloro was driving 70 mph when the vehicle slammed into the e-bike. One of the victims was found 100 feet from the impact point.
Soon, prosecutors will seek a waiver, transferring the case to adult criminal court, where the possible penalties are much stiffer, onetime Morris County Assistant Prosecutor Alissa Hascup, now in private practice, told The Post.
“I would be shocked if the state didn’t apply for a waiver,” offered Hascup, a partner at Einhorn Barbarito. “As part of the waiver application, prosecutors provide a written statement of reason, setting forth the facts of the case with an explanation as to how the evaluation of those facts supports a waiver for the particular juvenile.”
Once that waiver is filed, “it’s incredibly difficult to overcome” on the defense side, according to Hascup. “And most of the time, they are granted — unless the court is clearly convinced the prosecutor is abusing their discretion in filing the waiver motion.”
Would Hascup represent Battiloro at trial? “It would be a hard no,” she said, because of the live stream the accused killer hosted within hours of his release — a live stream in which spoke crassly about his alleged crime.
If prosecuted as a juvenile, the proceedings would be closed to the public, and its outcome, kept secret, Hascup said.
Dr. Jason Williams, a Justice Studies professor at Montclair State University, said it isn’t unusual for bail to be granted to juvenile defendants — even in high-profile cases involving more serious crimes.
New Jersey overhauled its bail system in 2017, and state law mandates detention hearings must be held for youths charged with serious offenses, like vehicular homicide, before they can be released.
“Each decision is made on an individual basis, using current bail standards rather than relying solely on the type of charge,” he added
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