Ernest Heinz appears via video from the Atlantic County Justice Facility
A Port Republic man accused of shooting another driver during a road rage incident in Galloway Township was ordered held in jail Thursday.
Ernest Heinz, 46, of Port Republic has been jailed since Sept. 11, hours after he allegedly shot a woman in the face after confronting her at a red light on Jimmie Leeds Road at the entrance to Stockton University's campus.
He faces charges including attempted murder, which his attorney argued against, saying the allegations more align with the lower charge of passion provocation.
But Assistant Prosecutor James Brown said Heinz actually is undercharged, with his weapons offenses listed as "other than handgun."
As for his state of mind, "He said, 'I’m going to kill you,' and then he tried to do exactly that," Brown said, quoting from the victim's statements to police.
The state argues that Heinz not only had a firearm illegally in his vehicle, but that he used the moments immediately following the shooting to hide it and other weapons at his parents' home.
Video from home surveillance shows Heinz walking from his vehicle less than 10 minutes after the shooting, holding a small gun matching the one described by the victim, Brown said.
The video also shows him leave the residence moments later with a black rifle case and a red Wawa bag. He returned to the home 20 minutes later.
An investigation found that in those 20 minutes, Heinz went to a storage facility of an acquaintance, Brown said. A search warrant served there Wednesday night recovered the red Wawa bag with handguns inside, along with ammunition matching that recovered at the scene.
It was not clear if more charges would be coming as a result of the alleged obstruction.
The start of the hearing was delayed Thursday, as defense attorney Robin Lord said she received an email just before 9 a.m., that included a 1¼-page report of an investigator's narrative of what the video shows.
Lord argued that she is entitled to see the video, while the prosecutor said that is not required as part of a detention hearing.
Lord disagreed, saying she gets such videos in every other county, and "even body camera footage."
She then asked if she was supposed to wait and then, "maybe three months down the road" get video that is different from what is in the narrative and could free her client.
Brown said he could send screenshots showing Heinz walking from his vehicle with the gun.
The hearing proceeded later, with Judge Jeffrey Waldman finding it could go forward.
Lord argued that there were conditions that could be put in place to allow Heinz to be released, including barring him from driving and home detention, where he could continue caring for his father, who is on hospice.
Heinz has the "night shift" for his ailing father. He also returned home from California, where he was an actor and real estate agent, to care for his dying sister, who since passed away, Lord said.
She referenced "glowing" character letters that painted Heinz as a brilliant and caring man.
"The victim would certainly disagree," Brown said.
Maritza Arias-Galva suffered a gunshot wound to her face that came inches from being fatal.
It still is uncertain if she will regain her vision on that side, a friend told BreakingAC.
Heinz has no criminal record, but does have a still-active restraining order dating to 2002. He also had a violation of that order, which is not calculated in the public safety assessment used to help determine whether a defendant should be held pretrial under bail reform, Brown pointed out.
Lord argued that the domestic case was too long ago to be a factor, since it was more than 20 years.
Heinz will now remain in the Atlantic County Justice Facility pending the outcome of the case.
