Javi Velez was 8 when the car he was sleeping in was struck by Edward Johnston.
Edward Johnston faces 15 years in prison when he is sentenced Tuesday in a crash that killed an 8-year-old boy.
But Johnston being taken into custody at the end of the hearing will not end the impact of his case.
Atlantic County Prosecutor William Reynolds will hold a press conference following the sentencing, to address the case's effects on an even larger scale.
Javier Velez died after his father's car was struck by Johnston, who was drunk and going 107 mph when he struck a curve on Absecon Boulevard at about 3:35 a.m. July 23, 2023.
"Javi" was curled up in the back seat, where he fell asleep while his father and little brother packed up to go home after fishing.
It would be months before Johnston was charged and arrested. But soon he would be released, since he had no criminal history and Judge Donna Taylor said she could put certain conditions in place to keep people safe from Johnston, including taking away his license. An appellate panel upheld that decision.
The move angered many, especially Velez's mother, who made it her mission to change the law.
Kaylah Smith testified testified before a state Senate Judiciary committee in October in support of a bill that would change New Jersey’s bail reform to add reckless vehicular homicide and strict-liability vehicular homicide to the short list of crimes that presume pretrial detention.
“Can you imagine how it felt to finally see the man who took your child away from you in jail after waiting four months just for him to be released a week later?” she asked. “Imagine what a slap in the face that was to our family.”
The Atlantic County prosecutor agrees.
“This heartbreaking case has exposed a critical blind spot in our justice system — one that allowed a dangerous, impaired driver to remain free after taking a child’s life," he said in a release Monday, announcing the press conference. " It should never take a tragedy to spark reform, but thanks to the courage and resilience of the Velez family, and the leadership of Senator (Vince) Polistina, we are now moving toward a safer, more just system. Together, we are turning loss into action, and making sure law enforcement has the tools needed to protect our communities.”
Smith also started an online petition to change the law. She also plans to speak at Johnston's sentencing, and will be in attendance at the press conference set for 11:30 a.m.
Under the plea agreement, Johnston must serve at least 85 percent of the 15-year sentence, or 12 years and nine months, before he is eligible for parole.
He remains free pending his sentencing.
