Posted February 06, 2019 05:37:48A judge dismissed a murder charge against a family in Wood County, New Jersey, after a court ruled the woman’s son’s DNA was too strong to be ruled out as a suspect in the case.
The family of Richard Fink, a former Wood County deputy sheriff, had sued former Woodland Township Police Chief David DeFries and his wife, Karen DeFresco.
They claimed they were falsely accused of a hate crime against the family.
Fink, 47, died in a hospital in July.
A court hearing for the family’s case was set for February 10.
However, after the family asked for a postponement, Wood County Superior Court Judge Robert C. O’Neill Jr. dismissed the charges against the DeFroses on Wednesday.
“The court finds that the DNA evidence of the deceased Richard Finks is sufficient to determine that his father was not the person charged in this case,” O’Donnell wrote.
“Based upon the evidence, the court is not persuaded that a reasonable person would conclude that the defendant is the person accused in this matter,” he added.
The county prosecutor’s office has also declined to file charges against DeFreesco and his husband.
The charges against Fink were dismissed in the family members’ favor on Thursday, according to court records.
Wood County Prosecutor James B. McKeon III said in a statement that he has asked the New Jersey attorney general’s office to file an appeal.
“In light of the actions of the Wood County Prosecutor’s Office, the family and the county prosecutor, I have asked the Attorney General’s office, who handles the state attorney general, to file a formal appeal of the dismissal of the charges,” McKeons statement said.