The 32-year-old defendant, who lives in Independence Township, worked as a chef at Kennedy’s Pub in Mount Olive, New Jersey.
According to authorities, he spat on a customer’s bread in October 2014. A co-worker said that he saw the defendant spitting on the bread accompanying a pasta dish. The dish had been sent back by a 51-year-old female customer at the restaurant.
The defendant was fired from his chef job a short time after the allegations arose.
The defendant first appeared in Morris County Superior Court in Morristown NJ last December. At that time, prosecutors offered him a plea deal which would have required him to serve 3 years in New Jersey State Prison.
Prosecutors would not make a lower offer to the defendant because he has a criminal history, which includes a conviction for robbery. As a result of the defendant’s prior criminal record, there is a presumption of incarceration for a conviction this time.
The defendant’s attorney rejected the plea offer. As a result, the charges of tampering with food were sent to a Morris County grand jury. The defendant was not charged under the catch-all provision for disorderly conduct.
Now the defendant has been indicted by the grand jury.
The crime is classified as a third degree criminal offense. This means that the defendant could potentially be sentenced to as many as 5 years in NJ State Prison if he is convicted.
For further information about this case, read the DailyRecord.com article entitled “Ex-Mount Olive Chef Is Indicted for Spitting on Food.”