A mother’s mission

West Milford resident Susan Castellano and state Assemblyman Christian Barranco, R-25, have teamed up to promote proposed legislation that would establish criminal penalties for driving in violation of probationary driver’s license restrictions in some circumstances.

The bill would expand the definitions of second-degree vehicular homicide and fourth-degree assault by auto.

Three years ago, Castellano’s son, Daniel Kearney, was killed when he was a passenger in a car being operated by a probationary driver in violation of the law. He was 19.

According to police, on the evening of Sept. 3, 2021, a BMW driven by Alex Vanker, 19, of West Milford traveled up an embankment and onto the front lawn of the home at 120 Lincoln Ave. in Hewitt.

Kearney was taken to Chilton Medical Center in Pompton Plains, where he was pronounced dead.

The second passenger, Kyle Guell, 19, of West Milford, was taken to St. Joseph University Medical Center in Paterson, where he received treatment for serious injuries.

“The moment Alex Vanker opened the door and let in two passengers instead of one, he violated the probationary driver’s license law, ” Castellano said. “As it stands now, there is no real accountability because if a probationary license driver violates the statute, their parents will pay the $100 fine and nobody cares.

“West Milford police wrote Vanker a bunch of tickets for the death of my son. There needs to be a real deterrent.”

Daniel Kearney’s Law

The bill, A5066, has been referred to the Assembly Transportation and Independent Authorities Committee for the 2024-25 legislative session.

“This legislation, known as Daniel Kearney’s Law, states the current penalties for criminal homicide and adds vehicular homicide and assault by auto penalties,” said Lauren Longfield, chief of staff for Barranco.

“Susan contacted us to find ways to deter drivers from violating the probationary driver’s law to prevent further tragedies, and the assemblyman will do what he can to get the law passed and signed by the governor.”

Vanker, who could not be reached for comment, faces charges related to the accident.

Numerous attempts to speak to someone in the Passaic County Prosecutor’s Office on the record were unsuccessful.

However, Castellano recently was in touch with Joan Nixon of the Passaic County Prosecutor’s Office of Victim Advocacy.

“I don’t remember the specifics, but they told me that due to a downgrade in the charges, Vanker would likely lose his license for three months and that the prosecutor would try to get five months (of) probation,” she said.

“If that happens, there would be no jail or prison time for him. I am pissed. There should be a steeper price to pay, and that is why penalties for violating this law need some teeth.

“I won’t stop fighting for my son.”