Family Of 1-Year-Old Killed In DWI Crash Sues Raritan, Police

RARITAN, NJ — Two years after Matias Ortega was tragically killed on his first birthday after a Raritan man driving under the influence of heroin ran him over in 2018, his family has filed a lawsuit against the Borough of Raritan, Raritan Police and Police Officer Everett Holt.

The suit, filed on Monday in Somerset County Superior Court, claims the borough and police should not have released Ronald B. Rebernik, 62, of Second Street from their custody hours before the deadly crash after they had just arrested him for heroin possession.

The suit claims the borough and police knew or should have known he was under the influence of drugs and likely to continue driving under the influence.

A video from Raritan Police's body cams show police searching Rebernik's car and being arrested for drug possession hours before the tragic crash. Read More: Video Shows NJ Man Busted For Drugs Just Before Fatal DUI Crash

Raritan Mayor Zachary Bray declined to comment on the lawsuit. The Raritan Police Department also declined to comment pending litigation.

The tragic crash occurred on July 7, 2018 around 7:15 p.m. when Rebernik, who was under the influence of heroin, was driving his 2004 Ford Escape southbound on Anderson Street when he crossed to the northbound side, hit two parked vehicles, left the roadway and continued southbound on the sidewalk. Read More: NJ Boy Celebrating 1st Birthday Hit, Killed In Alleged DWI Crash

He then hit the Raritan mom, Domitila Rosales, 36, who was walking with her two sons, Daniel Ortega, 5, and Matias Ortega in a stroller. The family was walking to the park to celebrate Matias Ortega's first birthday.

Rebernik then continued driving southbound on the sidewalk after striking the family, and went back onto the roadway where he hit two more parked vehicles on the northbound side of Anderson Street before stopping.

Domitila Rosales suffered serious injuries and still has permanent scarring while Daniel suffered a skull fracture. Matias was later pronounced dead at the hospital.

The family suffered "very significant" emotional and physical damage, said Joseph Delgado of Garces, Grabler & LeBrocq in Plainfield, who is representing the family in the lawsuit.

"The worst damage is obviously Matias. He was killed. He was alive for period of time after the crash and later died," Delgado said. "I am not speaking for the family but I would imagine that the whole family was run over in a sense."

Delgado and the lawsuit point to the emotional trauma suffered by the parents and brother Daniel. Lorenzo Ortega who works nearby also rushed to the scene to find his family injured on the sidewalk.

"It was a pretty brutal event" Delgado said.

The suit states that the parents and brother were present to see the serious injuries and death of their child and brother. The family is now suffering from great anguish, emotional and psychic pain and suffering anxiety, stress, and emotional harm as a result of what they witnessed and experience.

During Rebernik's first court appearance it was discovered that he was arrested hours earlier on July 7, 2018 before the deadly crash and found to have eight glassine folds of heroin and two knotted plastic bags of crack cocaine while in the parking lot of QuickChek and Liquor Saver. He was released on a summons before he allegedly ran over the borough family, killing the 1-year-old baby while driving under the influence.

Rebernik was sentenced in February 2019 to 15 years in New Jersey State Prison on charges of first-degree vehicular homicide and second-degree assault by auto, all of which occurred within 1,000 feet of St. Ann's Elementary School property in the borough. Read More: Man Gets 15 Years In Fatal DUI Crash Of 1-Year-Old Raritan Baby

Delgado said the family is not suing Rebernik in this lawsuit because they have already settled with him in a previous suit. Holt was named in the lawsuit as he was the only officer identified so far that was directly connected to the arrest at the QuickChek and Liquor Saver. Other officers are expected to be named.

To read the entire complaint filed again the borough and police look below:

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