In a hearing filled with emotion, the driver of a moving pickup truck, from which a 7-year-old girl fell and was fatally injured, admitted to a manslaughter charge. He was then sent to jail under a plea agreement that the little girl’s family found unacceptable.
Andres Marin, 48, who lives on Plymouth Rock Road, was given a 6 to 23 months jail sentence after pleading guilty to involuntary manslaughter in connection with the August 22, 2023 incident that caused the death of 7-year-old Sloane Kwartnik, who was the daughter of a neighbor.
Judge Risa Vetri Ferman said that the case involves an unimaginable tragedy and every parent's worst nightmare. She accepted the plea agreement.
Judge Ferman added that the act was not deliberate or malicious, but was severe enough to be considered criminal. She also stated that the loss of Sloane’s life requires a period of incarceration.
Marin must also complete three years of probation after being released from jail, which means he will be under court supervision for about five years. He is not allowed to drive for a year and must pay $6,500 in restitution. Throughout the sentence, he is prohibited from having contact with the victim’s family.
Marin, speaking softly, expressed deep regret and sorrow before being handcuffed and led away. He said he can’t imagine what the Kwartnik family, with whom he was once friends, is feeling. He also mentioned losing his friends, neighbors, and their trust.
Involuntary manslaughter is committed when an individual, in a reckless or grossly negligent manner, causes the death of another person during the course of an unlawful or lawful act. Authorities claimed Marin violated vehicle codes by carrying five children in the open truck bed during a ride through the neighborhood.
James Kwartnik, the victim’s father, urged Ferman not to accept “a grossly and inadequate” plea deal.
Kwartnik stated during the hearing that the sentence was not acceptable and his family was ready to go to trial to get justice.
Assistant District Attorney Caroline Goldstein and defense lawyer Brian J. McMonagle urged the judge to accept the plea agreement, citing “legal issues in this case.”
First Assistant District Attorney Edward F. McCann Jr. explained that proving involuntary manslaughter in this case would require showing a gross deviation from the standard of care, which could be difficult given the circumstances and lack of intent from the defendant.
McCann said that the person was ready to accept blame from the time of the arrest and showed a lot of regret. They felt it was important for some jail time to be given in this situation.
Prosecutors mentioned that Marin had no previous criminal record and had a good reputation in his once close-knit neighborhood and community.
McCann noted that the sentence does not reflect the value of the child's life because no sentence could do that. They emphasized the need to find a balance and do what is fair and just in the courtroom, but acknowledged that it cannot heal the death of a 7-year-old.
During the hearing, Sloane’s parents and grandmother, as well as parents of other children who were in the truck bed and witnessed the fatal fall, gave heart-wrenching testimony. They described Sloane as their “little princess,” a girl who was “the perfect combination of sweet and sassy” and “spunky.” They said her “future would have been so amazing.”
Sloane’s mother, Brandie Kwartnik, testified, saying, “You have left us living each day with a huge hole in our lives. She was a happy and healthy little girl when you killed her.”
James Kwartnik, choking back tears, stated, “I don’t get to experience true happiness anymore. The void, that sadness, dominates everything. That’s my life sentence. I will never be the same.”
Witnesses revealed that Marin had previously taken neighborhood children for rides in the back of his truck. They also testified that Marin did not have parental permission to take the children for a drive on the day of the accident.
Marin was accompanied in court by his wife, Kerry, and other family members.
McMonagle described Marin as a dedicated husband and father who was adored by the children in the neighborhood.
McMonagle stated, “He believed it was safe and he made a mistake. This was not a mistake made out of ill will. This is an enormous tragedy. I hope this community can heal.” McMonagle added that Marin cooperated with detectives, pleaded guilty to spare the victims, witnesses, and neighbors from the trauma of a trial, and emphasized that Marin will never forget this mistake.
The fatality occurred at approximately 8 p.m. on Aug. 22 in the area of Jolly and Malvern roads in Plymouth Township. Detectives relied on interviews with the children and home surveillance camera footage to reconstruct the events.
Authorities determined that Sloane, along with four other neighborhood children, ages 6 to 11, were riding in the back of Marin’s white 1996 Subaru Sambar truck.
The five children were in the bed of the Sambar truck, which had side walls that measured just 11.5 inches tall, and were driving around the neighborhood, with the children moving around in the back of the truck bed. The investigation found that Sloane leaned over the side wall, fell and struck her head on the pavement, then was run over by the truck, according to the criminal complaint filed by county Detective Anthony Caso and Plymouth Township Detective Joseph LaPenta III.
Marin picked up the hurt girl, drove to her parents’ home, and then drove the girl and her father to Einstein Montgomery County, arriving at 8:14 p.m., according to police. The 7-year-old girl was declared dead at 8:43 p.m. An examination found that the cause of death was blunt impact injuries and the manner of death was homicide.
