New Jersey v. Fuqua

In September 2011, the Middlesex County New Jersey Prosecutor’s Office opened a narcotics investigation into Tyrell Johnson that later swept in defendant Danyell Fuqua. In the early morning hours, and after obtaining a search warrant, officers entered a motel room. There, the officers found defendant, Johnson, and six children between the ages of one and thirteen - three were defendant’s children, one was Johnson’s child, and two were defendant’s relatives. The small room had a kitchenette, two beds, and a bathroom. On the kitchen table, officers found marijuana; between the beds officers discovered pill bottles containing multicolored pills, bags of heroin, and a large bag of cocaine. Johnson pled guilty to drug distribution charges, and a jury convicted defendant of endangering the welfare of children. Defendant challenged the endangerment conviction, arguing the State had to prove actual harm to children to convict under the applicable statute. The New Jersey Supreme Court found the trial court and Appellate Division correctly determined a conviction under N.J.S.A. 2C:24-4(a) could be sustained by exposing children to a substantial risk of harm. View "New Jersey v. Fuqua" on Justia Law