January 9, 2008: On January 9, 2008, a Morris County Grand Jury returned a five count indictment charging Andrew Pena, age 40, of Hewitt, with:

• one count of First Degree Aggravated Sexual Assault
• one count of Second Degree Sexual Assault
• one count of Second Degree Burglary
• one count of Third Degree Criminal Restraint
• one count of Fourth Degree Criminal Sexual Contact

The charges stem from an incident which occurred on January 28, 2007. On that date, the victim, a 19 year old female, drove to the G&A Bagels store on Route 23 in Butler at approximately 3:00 am. After she dropped off two companions, the victim parked her vehicle. She was told by an individual that she could not park there and was directed to drive to the back of the store. The defendant then allegedly approached the victim, reached into the vehicle, pulled her out and sexually assaulted her.

The defendant was released after posting $75,000.00 bail.

If convicted of the above charges, the defendant faces a maximum potential custodial sentence of approximately 20 years, subject to the No Early Release Act, Parole Supervision for Life and Megan’s Law.

Despite these pending charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt following a jury trial at which the defendant has all of his rights guaranteed by the U.S. and New Jersey Constitutions and relevant state law.

This case is being handled by Assistant Prosecutor Meg Rodriguez, Esq. The defendant is represented by Theodore Quarg, Esq. of Saddle Brook.

Media Contact: Agent Robyn D'Onofrio