Claims an Egg Harbor Township man assaulted his former girlfriend will be rebutted by several witnesses and texts from the alleged victim, his defense claimed during a detention hearing this week.
Joseph Ocasio, 27, is accused of strangling the woman and damaging her television as she tried to gather her belongings and leave after breaking up with him Jan. 2.
"The defendant began throwing her belongings out of the residence," Assistant Prosecutor Elizabeth Fischer told the judge. "The defendant then grabbed her by the neck and held her down on the bed."
But Ocasio's attorney painted a much different picture, punctuated by text messages he claimed were from the woman admitting she was going to lie to police.
"Obviously, the young lady never took 'How to Commit a Crime 101' in high school, because you don't send this kind of stuff if this is really what you want to do," attorney Mark Roddy told the judge as he held up the texts.
"I'm going to lie to the cops. I will be getting you locked up," Roddy read. "I'm going to have the last laugh."
The last text then reads: "Ahhhhhhaaaahhh I was just told u in jail I hope you die in there."
Fischer told the judge the phone number on the texts does not match the number her office has for the victim.
"I don’t know who it’s from," the assistant prosecutor said. "I don’t know specifically when it was made."
Roddy claimed the alleged victim came to the motor home where Ocasio lives on his parents' property because she was angry he had not paid her $1,000 he owed her.
"She went ballistic and started smashing the motor home, including kicking in one of the cabinets," he said, noting that the woman outweighs Ocasio by at least 80 pounds.
Ocasio was on Facetime with two friends at the time who could hear him yelling, “Stop hitting me. Stop hitting me," Roddy claimed.
She then went into his parents' home, where she allegedly told Ocasio's sister that she was going to lie to the cops about him before leaving.
When police arrived, they saw the damage to the motor home and heard his account, Roddy said. They then asked if he wanted to sign for a restraining order, but he said no.
The police came back later, saying the ex-girlfriend had filed a criminal complaint, and Ocasio was arrested.
About an hour later, Ocasio's father saw the texts on his son's phone from an unknown number.
Roddy said the two Facetime witnesses and Ocasio's sister will verify the defense's claims.
The public safety assessment used to help determine whether a defendant is held under bail reform recommended Ocasio's release. He has no adult criminal history.
"It does not appear to be an extremely strong case for the state," Judge Joseph Levin said in rendering his decision for release. "It appears the defense is going to have a multitude of witnesses to rebut the allegations."
