Appeals court reinstates attempted murder count in stabbing

PRESS RELEASE
November 10, 2009
For Immediate Release
Contact: Bernie Weisenfeld- PIO
Phone: (856) 384-5617; Pager (856) 251-4736

A New Jersey appellate court panel today reversed a decision to dismiss an attempted murder charge against a Pennsauken man in a March 2007 stabbing.

The three-judge panel unanimously found it was not vindictive or retaliatory for the prosecution to re-indict defendant Ediberto Ruberte (DOB 5/21/55), of 7160 Highland Ave, adding attempted murder to his original charges.

In a fight between two motorists who pulled onto the shoulder of Route 55 in Mantua Twp., Ruberte allegedly used a small knife to stab Stephen Pupo six times. Pupo, 37,of Mt. Laurel, survived the wounds.

Ruberte was initially charged with aggravated assault, weapons offenses, obstructing justice and tampering with evidence (the weapon was discarded). After he rejected a plea agreement, the Gloucester County Prosecutor’s Office re-presented the case to a grand jury, which voted to add the attempted murder charge.

In an appeal, Ruberte contended this was done to force a guilty plea. In an 18-page ruling, the appeals court wrote that the attempted murder count was dismissed erroneously on a motion argued Feb. 10, 2009. The defense had presented no evidence of vindictiveness and federal and state case law has determined the prosecution can revise charges pre-trial, the ruling says.

GCPO Deputy Trial Chief Michael S. Curwin, who is prosecuting the Ruberte
case, said he is pleased the appellate decision “echoes” the prosecution’s legal analysis of the issues involved.