Woman also killed herself and set house on fire
By RENEE ERNST
STAFF WRITER
The father of a Middletown man killed by his girlfriend, who afterword shot herself and blew up her house, has filed a wrongful-death suit against the woman's estate and the man who loaned her the gun, according to his attorney.
Carina Schlesinger, 36, fatally shot Daniel Cresci, 29, on March 1 and, two days later, set fire to her rented cottage in Holmdel and shot herself, according to court documents and authorities. Cresci's body was found in the burnt remains of the Red Hill Road home.
Daniel Cresci's father, Victor Cresci of Union Beach, filed a suit last week against Schlesinger's estate and Richard Juarbe, the 23-year-old Middletown man who lent her the .38-caliber Smith & Wesson handgun used in the murder-suicide, documents show. He alleges Juarbe was negligent when he provided Schlesinger a gun.
"It was irresponsible of (Juarbe) to lend Carina a gun, with her background," said Jonathan D. Singer, Victor Cresci's attorney.
Singer said Schlesinger had attempted to obtain a gun permit a few times but was denied because of her history.
In the months before her death, Schlesinger was going through a divorce; a bank foreclosed on a Long Island home she owned with her husband, Daniel Schlesinger, and she and her dog were accused of assaulting Holmdel police officers.
Schlesinger was also involved in lawsuits filed by and against her, and Daniel Cresci was her attorney.
For instance, after she opened a dog-training business out of her home in 2008, her mentor sued her in March 2009 for violating a contract that stated she wasn't allowed to open a dog-training business within 30 miles of his Freehold business.
In another case, Schlesinger sued a Middletown company in 2009 for failing to complete a website for her business. Daniel Cresci cited Schlesinger's negative monthly cash flow in court documents pertaining to that case.
Victor Cresci's suit seeks damages, interest, attorneys' fees and the cost of the suit against both defendants, under the state's wrongful-death statute.
"The family sees this as the only way to get some sort of justice," Singer said. "They just want to move on and get closure."
Juarbe was charged in April with the unlawful transfer of a handgun and unlawful transfer of ammunition to a person who did not possess the appropriate permits, both fourth-degree offenses. Assistant Monmouth County Prosecutor Peter E. Warshaw Jr. said Juarbe has been accepted into the pretrial intervention program, a program that allows some first-time offenders to erase their criminal records if they complete probation-like conditions.
Victor Cresci said he feels the case shows how lenient the law can be on gun owners.
"Carina Schlesinger could not legally own a gun, but borrowed — not stole — a gun from someone else to kill my son," Victor Cresci said. "I am not against good, law-abiding responsible citizens owning a gun, but the law needs to carry much more responsibility for gun owners."
Victor Cresci argues in the suit that his son Jonathan suffered tremendous anguish, pain, guilt and suffering because he witnessed the fire and knew his brother was inside the house.
"It came out later that Daniel was already dead, but at the time of the fire Jonathan had no way of knowing that," Singer said.
On March 3, Daniel Cresci's family and friends, who spoke with him daily, became concerned when they were unable to reach him for a few days.
Jonathan Cresci and longtime friend Scott Broschart knocked on doors and windows at Schlesinger's home after they noticed both Cresci and Schlesinger's cars in her driveway.
There was a strong smell of gasoline, and Broschart noticed a flicker of light in the otherwise dark home.
About 10 minutes later, they heard what sounded like a gun shot or gas explosion.
Later, it was discovered by the Monmouth County Prosecutor's Office that Schlesinger shot herself right before the house went up in flames.
Daniel Schlesinger, Carina's husband, is in the process of being served, as her next of kin, Singer said.
"The family is seeking punishment through financial detriment," Singer said. "They are seeking justice where the criminal justice system has failed."
The family plans to use any money won in the suits to create a scholarship fund in Daniel Cresci's name, according to Singer.
Daniel Cresci had just established a law firm with Singer and another man called Riviere Cresci & Singer LLC in Freehold, Singer said.
He also was planning to open a restaurant in Eatontown with Broschart two weeks after his death, Singer said.
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