Jose L. Ortiz was found guilty of breaking into his ex-girlfriend's home, chopping off her hair and threatening to kill her.
WOODBURY -- A man convicted of breaking into his ex-girlfriend's apartment, chopping off her hair and threatening to kill her will get a new trial.
Jose L. Ortiz (Gloucester County Prosecutor's Office)An appellate panel overturned 2014 conviction of Jose L. Ortiz, 35, of Camden, saying the trial court incorrectly charged the jury and that prior alleged actions by Ortiz were improperly admitted as evidence in the trial.
Ortiz was sentenced to eight years in prison and a restraining order was issued that barred him from any contact with the woman or her three children.
Ortiz allegedly broke into the woman's Woodbury apartment in March 2012, beat her, chopped off her hair with a pair of scissors and threatened to kill her as her kids looked on, according to testimony.
He was convicted on charges of third-degree terroristic threats, second-degree burglary and fourth-degree stalking.
On appeal, the defense argued that the jury should have been given the option to consider a simple assault charge against Ortiz, rather than having that charge contained within the burglary count.
The judges found, based on evidence presented, that Ortiz could have been found guilty of simple assault and acquitted on the burglary charge, since there was some evidence that Ortiz's entry into the apartment "may have been authorized," according to the ruling.
"The failure to give the required charge deprived the jury of the opportunity to find the defendant guilty of simple assault, for which there was overwhelming evidence, without also finding him guilty of second-degree burglary, for which there was conflicting evidence," the appellate judges found.
The appellate judges also found that the court should not have allowed the woman to testify about an alleged domestic violence incident from 2010, saying they found no "permissible purpose" for admission of the testimony.
In issuing its ruling, the judges also vacated the restraining order.
Prosecutor Sean Dalton vowed to ensure Ortiz is held accountable for his alleged crimes.
"We will continue to prosecute this matter on behalf of this domestic violence victim and to ensure the defendant is held responsible for his actions," he said in a statement.
Matt Gray may be reached at mgray@njadvancemedia.com. Follow him on Twitter @MattGraySJT. Find the South Jersey Times on Facebook.