PARSIPPANY — On March 10 at approximately 6:35 p.m., Parsippany Fire District 6, Sgt. McGinnis, Patrolmen Ross, Abrusci, Harvey, and Kurz responded to 130 Troy Road on the report of a vehicle fire communicated to Police Headquarters via 9-1-1 activation.
The caller informed police headquarters of a vehicle situated on the grass beside a driveway, seemingly engulfed in flames, while a potentially intoxicated driver was observed attempting to re-enter the vehicle.
Upon arrival, Parsippany-Troy Hills Patrolman Steven Kurza located the vehicle, a 2008 Nissan Sentra, which appeared to have flames originating from underneath the vehicle and smoke exiting the engine compartment.
There were deep tread marks in the yard that led to the vehicle which appeared moist. The accused, later identified as Nelson Cabrera, 45, was standing near the vehicle.
Cabrera displayed shoes covered in mud which surrounded the vehicle. The officer instructed Cabrera to proceed towards him and assisted him in remaining standing by grabbing his arm.
Cabrera was unsteady on his feet and the officer detected the odor of an alcoholic beverage. Fire personnel arrived on scene and the officer remained with Cabrera while they addressed the engulfed vehicle. It did not appear that Cabrera was able to speak English and he was then asked preliminary questions by Patrolman Harvey. It appeared that some sort of heat source from the vehicle had ignited the foliage due to its proximity to the ground given the ruts it was in.
Mr. Cabrera claimed to not speak English, therefore the majority of my communication with him was in Spanish. Mr. Cabrera continuously asked me “what happened?” I asked him to explain to me what happened prior to the police’s arrival. The officer received a multitude of different stories from Mr. Cabrera. Initially, he stated he was not driving the vehicle in question and he did not know how the fire started. Then Mr. Cabrera stated he worked earlier today, left work at 5:00 p.m., and then drove back to his residence on Troy Road. Mr. Cabrera then recanted this statement and told me he did not know what happened. Originally, Mr. Cabrera stated he did not drink any alcoholic beverages.
Afterward, he acknowledged consuming one beer. The officer proceeded to administer field sobriety tests to Mr. Cabrera, all of which he subsequently failed.
Cabrera was placed under arrest and then transported to Parsippany-Troy Hills Police Headquarters.
Mr. Cabrera was charged with Operating under the influence of liquor or drugs (39:4-50), Reckless Driving (39:4-96), Consent to take samples of breath (39:4-50.2), and Refusal to Submit to Chemical Test (Penalties) (39:4-50.4A).
Mr. Cabrera was released to his son, who signed a potential liability form.
The vehicle was removed from the property by Eagle Towing.
A criminal complaint is merely an accusation. Despite this accusation, this Defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
