A Union City man who knocked out a Jersey City car burglar with one punch has been exonerated in the man’s death.
Hudson County Superior Court Judge David Labib dismissed the most serious charge, reckless manslaughter, against 43-year-old Robert Stevens, after the state rested its case last week.
Then Tuesday the jury acquitted him of aggravated assault in the death of 51-year-old Anthony Passero on Aug. 6, 2022, four days after the altercation on Bergen Avenue in Jersey City, near Snyder High School.
Stevens, who was represented by attorney Darryl Smith of Jersey City, was found guilty of leaving the scene of an endangered person. It is expected that he will be sentenced to probation.
“After hearing both sides, the jury came to the conclusion that (Stevens) had a right to defend himself,” Smith said. “... Unfortunately (Passero) died, but (Stevens) was over-charged.”
Stevens, who was 40 at the time of the incident, testified at the trial, telling the court he was only defending himself from a man who had broken into his vehicle, Smith said.
“I tried to paint the picture for (the jury),” the attorney said. “It was a high-crime area. The guy goes into his car. He didn’t (know if) the guy had (a weapon), so he felt threatened. (Passero) was already committing one crime. Who knew what would happen?”
According to a criminal complaint, Stevens saw Passero inside Stevens’ Jeep at 10:20 a.m. Aug. 2, 2022, and ran toward him. Stevens then punched Passero in the side of the head, knocking him to the ground. Passero died four days later.
Stevens, a driver for a local industrial plant, spent approximately 10 days in jail before a Hudson County Superior Court judge rejected the Hudson County Prosecutor’s Office’s motion to detain him through prosecution.
The state argued at trial that when Stevens saw his Jeep bring broken into, he should have called police and not approach the burglar, Smith said. The state noted that Passero was not armed and didn’t see Stevens coming before he was struck.
The prosecutor’s office declined to comment on the verdict.
“There has been a cloud over him for more than two years,” Smith said. “He was relieved, of course. He always regretted that it happened, but he always felt that he was in the right. He was defending himself.”