An Atlantic City man charged with leaving the scene of a crash that killed a pedestrian was released with conditions Friday.
Fraga, 76, was walking east on Atlantic Avenue when he was struck, in what defense attorney Lou Barbone categorized as a “dart-out.”
“It’s a strict liability case, so even if the victim were to have jumped up and down and run head-first into the car, it wouldn’t really be relevant to this case,” Chief Assistant Prosecutor Seth Levy told the judge. “The defendant didn’t stick around to do his legally obligated duty, which is to wait for the police.”
Barbone said Jacobs did eventually leave the scene, but that it was not the full story.
Surveillance video shows Jacobs pull into the Dunkin Donuts parking lot and attend to Fraga twice, Barbone said, reading from the investigator’s report.
Jacobs twice tried to attend to the victim, and called across the street for a man who was watching to call 911, Barbone said.
“The defendant heard the male on the phone with 911,” Barbone said, as Jacobs nodded. “He then left the scene.”
Jacobs held his chest and rocked back and forth several times during the hearing.
Video surveillance later showed Jacobs parking at his apartment building at 600 Atlantic Ave., Levy said.
“Let’s say it’s of no fault of his own that this accident occurred,” Levy told the judge. “He has the duty to wait around and wait for the police there who would then probably say, ‘Gee, this is a terrible accident, move on with your life.
“However, what he did was first look to see that the person that he hit was in extreme duress if not dead already and then flee,” Levy added.
Barbone painted Jacobs as a hardworking lifelong Atlantic County resident who started his own business two years after graduating college.
He also works both as a real estate agent in Northfield and as a full-time consultant for his father’s company, Pacific Outdoor Advertising.
Jacobs’ father, political powerbroker Joe Jacobs, was in the waiting room in case he was needed to vouch for his son, Barbone said.
He said Harris Jacobs would be living with his father in Linwood if released.
The judge did determine that Jacobs was not a risk if released, considering that he has no prior criminal record.
The public safety assessment used under bail reform had him at the lowest risk and recommended release on his own recognizance.
The judge put increased conditions, including a monthly check-in by phone and one in person.
Jacobs can keep his license while he is released.
His next court date is Oct. 5.
