STATEN ISLAND --The ex-Linden police officer charged in the double fatal drunk-driving crash could face from five to 21 years in prison under plea negotiations currently being discussed, his lawyer said today.
Pedro Abad, who faces multiple charges of aggravated vehicular homicide, now has until Feb. 22 to decide whether to take a plea deal or go to trial, his lawyer, Mario Gallucci, said after a brief court hearing here Wednesday.
Gallucci said he has been in discussions with Assistant District Attorney Mark Palladino Gorabet over a deal, with the defense attorney suggesting a low of 5 to 15 years and the prosecutor pushing for a higher range of 7 to 21.
The maximum penalty for aggravated vehicular homicide is 25 years.
In court in Wednesday, Gallucci asked Judge Mario F. Mattei to give Abad three more weeks to consider if he will take a plea deal or go to trial.
"He's looking at a significant amount of time. To go from being a police officer to a prisoner with a significant amount of time in custody - it's not an easy decision to make," Gallucci said after the court hearing.
Abad faces a 27-count indictment for the March 20, 2015 crash that occurred shortly before 5 a.m. after he allegedly turned the wrong way onto the West Shore Expressway and crashed head-on into a a truck.
He was driving home from a night at the strip club Curves with three other men from Linden in his car. Authorities say Abad had a blood-alcohol level of .24 when the crash occurred.
Two passengers, fellow Linden officer Frank Viggiano and Linden resident Joseph Rodriguez, both 28, were killed in the crash. Another Linden officer, Patrik Kudlac, 24, was critically injured, as was Abad.
Relatives of Rodriquez and Viggiano were again in court on Wednesday, as they have been for most of Abad's hearings. The relatives declined to comment on the plea negotiations after the hearing.
"We'll have to wait for Feb. 22," said Angelo Rodriguez, Joseph Rodriguez' father.
Earlier Wednesday morning, Joseph Rodriguez' sister, Roseann, passed news reporters and said "Justice for Joey and Frank," as she walked up the steps to enter the courthouse.
If Abad agrees to a plea deal, Gallucci would ask the judge to impose a penalty in the lower range of 5 to 15 years, and Palladino would argued for the higher range, attorneys said. In either case, if Abad agrees to deal, he would have to serve the minimum years imposed by the judge before he would be eligible for parole.
If he does not take the plea, a trial date would be set, probably for April.
Abad has pleaded not guilty to a 27-count indictment resulting from the accident.
He was fired from the Linden Police Department in August 2015 after being unable to return to duty because of his injuries. Kudlac resigned from the force last August as a result of his injuries.
Tom Haydon may be reached at thaydon@njadvancemedia.com. Follow him on Twitter @Tom_HaydonSL. Find NJ.com on Facebook.
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