A Monmouth County grand jury has returned a five-count indictment charging a Keansburg man with the August murder of 20-year-old Keyport resident Evan Smutz, Monmouth County Prosecutor Christopher J. Gramiccioni announced on Tuesday.
John Curtin, 19, of Woodland Avenue in Keansburg, has been charged, according Monday’s indictment, with: first-degree murder, first-degree felony murder, first-degree armed robbery, second-degree possession of a weapon for an unlawful purpose, and second-degree unlawful possession of a weapon.
The case background …
On Aug. 9, 2018, Keyport police responded to a 911 call reporting the shooting at 12:48 p.m. at an apartment at 2 Center Street, the home of victim Evan Smutz. Police arrived to find Smutz with a gunshot wound. He was pronounced dead at 1:21 p.m.
A joint investigation by the Monmouth County Prosecutor’s Office and the Keyport Police Department determined Curtin arrived at Smutz’s apartment and engaged in an argument that culminated with Curtin fatally shooting Smutz.
Curtin fled the apartment after the shooting. Hours later, Curtin surrendered to the New York City Police Department and was subsequently transported back to Monmouth County.
If convicted of murder or felony murder, Curtin faces a minimum sentence of 30 years in a New Jersey state prison without parole and a maximum sentence of life imprisonment, subject to the provisions of the No Early Release Act (NERA), requiring him to serve 85 percent of the sentence imposed before becoming eligible for release on parole. He would also be under parole supervision for five years following his release from state prison.
If convicted of armed robbery, Curtin faces a sentence of up to 20 years in a state prison, also subject to the provisions of the NERA.
If convicted of the second degree weapons offenses, Curtin faces a sentence of five to ten years in prison, and pursuant to the “Graves Act” there is a mandatory period of parole ineligibility of one half of the custodial sentence imposed, or 42 months, whichever is greater.
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