NEWARK — A Newark narcotics detective who dodged criminal charges in the alleged drunk-driving death of a 41-year-old Union Township man two years ago is facing a civil suit from the victim's estate.
Detective Mark Hulse, 31, was responsible for the death of Joao Marques when he struck and killed the victim as he was crossing Market and Fleming streets in Newark in July 2008, according to a wrongful death suit filed in Essex County Superior Court earlier this year.
"My client died. He left two minor children and a wife behind, and (Hulse) got away with murder," said John Giorgi, the attorney for the Marques’ estate.
The three-year detective was driving through Newark after drinking at the Sand Bar in Jersey City with his girlfriend and another person, according to Giorgi, who said the vehicle hit Marques and killed him around 3 a.m. on July 12, 2008.
Hulse was not indicted on any charges in connection with Marques’ death when the case came before a grand jury in April of 2009, acting Essex County Prosecutor Robert Laurino said.
The detective, who joined the department in 2007, was suspended for six months without pay following the accident, according to Derrick Hatcher, president of the city police officer’s union. He returned to active duty on June 1 with the Central Narcotics & Gang Unit, Hatcher said.
Internal affairs investigators claim Hulse was traveling at 73 mph with a blood-alcohol content of 0.12 percent when he struck Marques, according to department documents, but Giorgi alleges Hulse was "flying" at a much higher rate of speed when he crashed into the father of two.
"There were no skid marks before the impact. There is no indication he tried to stop at all," Giorgi said.
The attorney also claims that police at the scene waited hours to administer a field sobriety test or take a statement from Hulse. "There were union members and men from internal affairs immediately on the scene who I believe shepherded this man," Giorgi said.
Both Hatcher and Hulse’s attorney, Anthony Fusco Jr., declined to comment on allegations that police mishandled the investigation.
Media inquiries prompted the prosecutor’s office to review the case, but Laurino said that review determined the grand jury presentation was handled properly. Laurino also said Hulse could have been driving anywhere between 25 and 100 mph at the time of the crash and that Marques had also been drinking.
The case was referred to Newark Municipal Court, but information about the outcome was not immediately available yesterday.
Marques is survived by his wife Marina, his children Emily and Matthew. They are suing to recoup survivor benefits, and all other damages protected under the state’s wrongful death act, Giorgi said.
Hulse’s reinstatement with the department last week drew a range of reactions from law enforcement experts and Marques’ relatives.
Jon Shane, a former Newark police officer, said the decision to suspend Hulse rather than fire him "is in keeping with (the department’s) history of such offenses," mentioning that former Police Chief Irving Bradley Jr. was charged with drunk driving and assaulting Rahway police officers in 1998.
Shane also said drunken driving is a serious offense, but not one that would force Hulse to lose his job. "DWI is quasi-criminal, it is not criminal. It’s at the upper end of seriousness for motor vehicle offenses," Shane, who now teaches at the John Jay College of Criminal Justice in Manhattan, said.
Lucia Pires, Marques’ ex-wife and the mother of his children, was upset and stunned to see that Hulse managed to keep his badge.
"Somebody died, somebody’s life was taken. I was sure they were going to do the right thing," she said. "Apparently not."