In Manasquan Municipal Court on Tuesday, the case was pushed back to Oct. 28 after a brief hearing.
Parker Drake, 19, of Howell, was reportedly dared to jump off the jetty and into the ocean in Manasquan. (File photo by Andrew Mills | NJ Advance Media for NJ.com).MANASQUAN -- The justice system is failing a Howell teenager with autism after he was coaxed into taking a plunge into the freezing ocean in February, the teen's mother said.
Nicholas Formica, 21, and Christopher Tilton, 20, both of Howell, reportedly dared Parker Drake to jump into the ocean just off the jetty on Feb. 25. Formica and Tilton told Parker they'd give him $20 and two packs of cigarettes if he took the plunge, The Asbury Park Press reported at the time.
Drake, 19, who has autism and diabetes, accepted Formica and Tilton's offer. A portion of the incident was captured on cellphone video and shared on social media.
Drake was not injured in the incident, and authorities did not charge either of the two men. But Drake's mother, Christine Marshall, filed disorderly persons offenses against Formica and Tilton.
In Manasquan Municipal Court on Tuesday, the case was pushed back to Oct. 28 after a brief hearing. Both Formica and Tilton were not present at the hearing.
Judge Paul J. Capotorto granted permission to move the date back after a request by Tilton's attorney, Alton D. Kenney.
Kenney, citing a previous court case, asked the court to push the date after a plea agreement was agreed upon but then rescinded by Drake and his mother.
"I ask the court to review that matter and come back at a later date to more specifically enforce what we believe is a fully executed plea agreement," Kenney said in court.
Kenney and Formica's attorney, Jason Volet, both declined to discuss the details of the plea deal. Marshall said a previous agreement knocked the charges down to a city ordinance violation.
"The plea was not any community service," Marshall said outside the courtroom. "It was something less than a city ordinance (violation). ... Just like jaywalking."
She also expressed frustration with the postponement.
"I'm angry, I'm very angry and disappointed," Marshall said. "I feel like the justice system isn't representing us properly. ... I feel they're just trying to sweep this under the carpet because it's an unusual case and they don't want to deal with it.
"I just feel like he (Parker) is not getting treated fairly because he survived," she said.
Marshall said she'd like to have an opportunity to voice her concerns with the agreement.
"It would be nice if they let me speak as to why I wanted to have the plea taken back," she said. "That would shed light on a lot of things."
Alex Napoliello may be reached at anapoliello@njadvancemedia.com. Follow him on Twitter @alexnapoNJ. Find NJ.com on Facebook.
