7-11 Robbery Suspects arrested

Vincent Ortenzio, a 21 year-old man from New Milford, New Jersey, allegedly burst into a 7-11 wearing a ski mask, waving a pellet gun, and demanding money. He has just been arrested and charged with armed robbery. The police claim Ortenzio stole two-hundred dollars in cash and several cigarette lighters.

Ortenzio’s alleged accomplice, 21 year old woman, Amanda Gaeta, of Paramus, New Jersey, was also charged with armed robbery. Ms. Gaeta was allegedly parked across the street and served as the get-away car.

After the New Milford Police Department investigated the crime scene, their investigation led them to a house where Ortenzio was residing. After the home owner consented to a search, police claim they found cash, cigarette lighters, a ski mask, a pellet gun, and drug paraphernalia, among other items.

Both Ortenzio and Gaeta are currently being held at the Bergen County Jail in Hackensack, New Jersey. Each is presumed innocent until proven guilty.

Mr. Ortenzio was charged with robbery, possession of a firearm for unlawful purposes, unlawful possession of a firearm, theft, receiving stolen property, and possession of drug paraphernalia. Ms. Gaeta was charged with conspiracy to commit robbery.

The corresponding New Jersey statutes are as follows:

Robbery, New Jersey criminal statue 2C:15-1:
a. A person is guilty of robbery if, in the course of committing a theft, he:
(1) Inflicts bodily injury or uses force upon another; or
(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or
(3) Commits or threatens immediately to commit any crime of the first or second degree.

b. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.

Unlawful possession of a firearm/weapons, N.J.S.A. 2C:39-5:
(d) Other weapons – Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

Possession of a firearm for unlawful purposes, N.J.S.A. 2C:39-4(d):
Any person who has in his possession any weapon, except a firearm, explosive or destructive device, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.

Theft, 2C:20-2, pertinently, section 2 grades theft as a 3rd degree crime if the money/item is taken from a person or is taken by force. This appears applicable in this matter.

Receiving stolen property, N.J.S.A. 2C:20-7(a), states that a person is guilty of theft if he knowingly receives or brings into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen.

Lastly, Possession of Drug Paraphernalia, N.J.S.A. 2C:36-2, is a disorderly persons offense. This statute states that it shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance or controlled substance analog in violation of the provisions of chapter 35 of this title.

In order for Ortenzio and Gaeta to be convicted of the above-referenced crimes, the State must prove all elements, of each crime, beyond a reasonable doubt.

As always, if you would like to discuss this blog with me further, or require legal representation, please contact me anytime at Matthew@jtlaw.org.