A Pennsylvania man accused of vehicular homicide in a crash that killed his wife and another man crashed his car in a parking lot just eight days after his release.
Albert Tolley was ordered back to jail Friday for failure to comply with the terms of his release, and continuing to be a danger to others, Superior Court Judge John Rauh ruled.
Tolley was released March 1, a week after he was arrested in the July 11, 2015 crash in Estelle Manor.
He is accused of being drunk when he improperly passed another car on State Highway 49, crashing head-on with another driver near milepost 47.5.
Tolley's 61-year-old wife, Suzanne Tolley, was killed, along with the husband of the other driver, Joseph Kunak, 72.
Tolley was drunk at the time, according to the charges.
Judge Michael Blee approved his release March 1, with several conditions, including not driving, incurring no other offenses, having a drug and alcohol evaluation and attending four Alcoholics Anonymous or Narcotics Anonymous meetings each week.
"He complied with none of these conditions," Assistant Prosecutor Rick McKelvey told Judge John Rauh.
On March 9, sheriff's officer found Tolley in the parking lot of the Cape May County Zoo looking for his car. When he got in, he revved the engine but didn't go anywhere, the officer observed, according to McKelvey.
Tolley then revved out, into a U-turn that "if the sheriff's officer would have stayed where he was, it would have hit him and would have hit his cruiser," McKelvey said.
The car wound up stuck on a zip line. Tolley admitted to police that he had a scotch whiskey earlier in the day, but he did not register anything on a blood-alcohol test. He was taking prescription medication.
Defense attorney Holly Bitters said Tolley was only trying to get to his home health care aide, who had driven him to the zoo, but injured her ankle.
He was only driving in the parking lot, she said.
But Rauh said the conditions were clear that Tolley was not to be behind the wheel of a car at all.
Rauh noted Blee had struggled with the decision to allow the original release, because the state's proofs in the vehicular homicide case "are pretty strong that he killed two people with a motor vehicle."
Tolley will now stay in jail until trial.
