Ice Cream Truck Driver Sentenced To 5 Years In Road Death

A Farmingdale man who admitted he had been drinking when he struck and killed a disabled man with his ice cream truck and fled, was sentenced Friday to five years in prison, authorities said.

Walter Poland, 46, was sentenced by Monmouth County Superior Court Judge Richard W. English, sitting in Freehold, Friday morning to knowingly leaving the scene of an accident resulting in death, a release from the Monmouth County Prosecutor's Office.

Poland had pleaded guilty to the charge in January.

The charge stems from an October 2009 incident on Route 35 at 18th Avenue that killed township resident John Chiarell, 54, the release says.

Poland in January pleaded guilty to leaving the scene of the accident that killed Chiarell, driving with a suspended license and driving while intoxicated in a deal with the prosecutor's office, the release said.

Around 7 p.m. on Oct. 4, 2009, Poland was driving an ice cream truck northbound on Route 35 near 18th Avenue. Chiarell was walking – with the assistance of a walker – across Route 35 and had fallen. He was lying on the shoulder of the road. Poland's truck ran over Chiarell, who died, according to a previous release.

Poland did not stop, nor report the incident. A witness led investigating Wall Township Police to Poland's home in Farmingdale, where he was arrested, the release said.

Investigators also found that Poland was operating the ice cream truck while intoxicated and that he was on the state Division of Motor Vehicles' suspended or revoked list and was not legally authorized to be driving, the release said.

Poland has been free on bail since November 30, 2009. Once he was sentenced, Poland was taken into custody by the Monmouth County Sheriff's Office. Poland was legally entitled to, and granted, credit for the 57 days he spent in custody prior to posting bail, the release said.