A grand jury decided today that Patrick Allen of Lincroft should stand trial for the murder of his wife, Kimberly Allen.
The indictment charged Allen, 45, of Middletown, with first-degree murder, third-degree possession of a weapon for an unlawful purpose, third-degree hindering the apprehension of another, and fourth-degree tampering with physical evidence, said Acting Prosecutor Christopher J. Gramiccioni.
On Nov. 18, 2011 around 11:45 a.m., Middletown police were called to the Allen home on West Front Street in Lincroft. There they found the victim, Kimberly Allen, 44, dead on the kitchen floor. Patrick Allen was on the scene.
An investigation by the Monmouth County Prosecutor’s Office and the Middletown Township Police Department revealed that Allen and his wife were involved in a struggle that led to Allen striking his wife with a frying pan.
The Middlesex County Medical Examiner’s Office determined that the cause of death was homicidal violence, including asphyxia and blunt impact injuries to the head.
As a result of the investigation, Allen was arrested and charged with the murder of his wife on that same day, on November 18.
Bail was set at $1 million by Monmouth County Superior Court Judge Anthony J. Mellaci, Jr., J.S.C.
Allen remains at the Monmouth County Correctional Institute in lieu of bail.
If convicted of murder, Allen faces a maximum sentence of life in New Jersey State Prison, which would be subject to the provisions of the “No Early Release Act” (“NERA”). “NERA” requires that a defendant serve 85% of the sentence imposed before becoming eligible for parole.
If convicted of possession of a weapon for an unlawful purpose and hindering the apprehension of another, Allen faces up to five years in prison on each charge.
If convicted of tampering with physical evidence, Allen faces up to 18 months in prison.
Despite these charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt, following a trial at which the defendant has all of the trial rights guaranteed by the U.S. Constitution and State law.
This case is being prosecuted by Assistant Prosecutors Maria Franceschini and Mary Juliano. The defendant is represented by John C. Allen, Esq. of New Brunswick.