Morris County Prosecutor Fredric M. Knapp and Chief Peter Demnitz of the Morristown Bureau of Police announce that Aquil Malik, 23, of of Orange and formerly of Morristown, was sentenced today to ten years in New Jersey State Prison by the Honorable Salem Vincent Ahto, J.S.C., Retired and Temporarily Assigned on Recall.
The defendant had been previously found guilty after a jury trial of one count of first degree Aggravated Sexual Assault, in violation of N.J.S 2C:14-2a(5); one count of first degree Aggravated Sexual Assault, in violation of N.J.S 2C:14-2a(7), and one count of second degree Sexual Assault, in violation of N.J.S 2C:14-2c(1).
The defendant met the intoxicated victim, who was seventeen at the time, at a social gathering in Morristown. The defendant along with two others took the victim, who had requested to be taken home, to an isolated area and sexually penetrated her while she was in and out of consciousness. Upon becoming aware of what was occurring the victim told the defendant to stop, but he did not.
The defendant was a juvenile at the time of the assault, but his charges were transferred to Superior Court to be tried as an adult.
The Defense Attorney for the defendant had previously filed a motion based on the States alleged failure to preserve text messages and for the alleged failure to turn them over, which was denied by Judge Ahto. The Defense also asked the Judge to set aside the verdict based on lack of evidence. The Judge denied that motion as well. Judge Ahto ruled that there was more than enough evidence to convict the defendant.
Assistant Prosecutors Laura Magnone and Eryn Fernandez-Ledon represented the State in these proceedings.