A retired Belleville officer's motion to dismiss attempted murder and related charges for allegedly shooting his brother in Nutley home was denied.
In August, John Towey, 63, was indicted on attempted murder, aggravated assault, endangering an injured victim, and possession of a weapon for an unlawful purpose after allegedly shooting his brother.
Towey's attorney, Anthony Iacullo, argued that the charges should be thrown out, since prosecutors did not present instructions to the grand jurors showing that the brothers had been drinking alcohol prior to the shooting. Adding that Towlet later told police he thought his brother was a burglar when he shot him.
However, Essex County Assistant Prosecutor Allison Field stated that prosecutors were not required to instruct grand jurors on those defenses, because there was "no clearly exculpatory evidence regarding either defense. Showing that the prosecutor has effectively rebutted the defense contentions and sensibly asserts that the indictment should remain undisturbed."
As to the issue of intoxication, intoxication may be used as a defense when a defendant was either involuntarily or excessively intoxicated. However, evidence in Towey's case does not meet those standards, according to the judge.
As to the self-defense claim, "there is no foundation in the evidence or the law," the decision states.