Acting Essex County Prosecutor Robert D. Laurino announced today that an indictment was returned by an Essex County Grand Jury charging Kenneth Brown, 44, of Nutley with first degree vehicular homicide.
The four count indictment also charges Brown with second degree vehicular homicide and two counts of aggravated assault. The indictment alleges Brown was impaired at the time of the accident
The charges stem from a motor vehicle collision on Oct. 31, 2009, Halloween night, in which a nine-year-old girl was killed and a three-year-old boy was injured.
Brown was not arrested at the scene of the accident but surrendered today. He was arraigned before the Honorable Peter Vazquez, J.S.C.
The prosecutor handling the case had sought $200,000 bail but the judge set bail at $75,000.
Not withstanding the indictment, every defendant is presumed innocent unless he pleads guilty or is found guilty beyond a reasonable doubt in a court of law.