Dover man charged with killing brothers in drunk driving crash rejects plea

• The Archaga siblings moved from Honduras to the United States beginning in 2001. The three brothers lived in Dover, where they worked as landscapers or in construction.

A Dover man charged with killing two of his brothers in a drunk driving car accident last year has rejected a 10-year prison term plea offer.

He appeared in Superior Court, Morristown, on Tuesday for a conference on the criminal charges.

Santos Javier Archaga, 37, was charged with the deaths of his brothers, Joel and Daniel Archaga following the Sept. 24, 2017 crash on Route 46 in Dover.

Defense lawyer John Graves said Archaga has rejected Morris County Assistant Prosecutor Christopher Schellhorn's plea offer of 10 years in state prison, with 85 percent, or 8.5 years of the sentence to be served before parole consideration. The plea offer would be based on guilty pleas to two counts of death by auto.

Graves told Superior Court Judge Catherine Enright his client doesn't want him to make a lower counter-offer to the state. Archaga was sworn in, and through a Spanish interpreter told the judge he wants his lawyer to file motions to fight the evidence against him.

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The judge walked Archaga through the state's offer and his lawyer's suggested counter-offer and told Archaga he faces between 43 and 53 years in prison if he goes to trial and is found guilty. Archaga then began to cry.

Enright told Archaga his lawyer and the assistant prosecutor have been "trying to resolve this extremely tragic case."

"All I ask is you consider your options and consider your attorney's advice," Enright said. "Should you have a change of heart I'm sure Mr. Graves will communicate that to Mr. Schellhorn."

Graves said he filed a motion to suppress statements Archaga made to police after his arrest and a second motion to dismiss the eight-count indictment returned in December by a Morris County grand jury.

Graves said he has hired an expert to test Archaga's blood drawn at St. Clare's Hospital in Dover after the accident. Archaga's blood-alcohol content at the time of the crash has not been released. He also may hire an expert to review the state's accident reconstruction analysis, Graves said.

If a plea agreement isn't struck, a hearing will be held on Nov. 8 on the motion to dismiss the indictment.

Archaga was indicted on more serious aggravated manslaughter charges, which were downgraded to death by auto for the plea.

Aggravated manslaughter carries a maximum penalty of 30 years in prison upon conviction. Death by auto is punishable upon conviction with five to 10 years.

An undocumented immigrant from Honduras, Archaga crashed after a birthday celebration at a nightclub, according to documents. Daniel Archaga died at the scene, and Joel Archaga died two days later of traumatic injuries at Morristown Medical Center.

Authorities said the siblings and friends celebrated Archaga's birthday at El Hueco, a nightclub in Wharton, before the crash. During a formal interview with police, the defendant told police his foot became stuck on the gas pedal as he attempted to make a turn and was not able to control his pickup at the time of the crash, court records state.

Archaga told police he had two beers at the nightclub, court records said.

The indictment charges Archaga with two counts of aggravated manslaughter, two counts of death-by-auto, being an unlicensed driver, causing death while driving without a license, and two counts of assault by auto in connection with injuries suffered by two other passengers who survived the crash. They are Christian Zepeda and Luis Carranza, according to court records.

The Archaga brothers 

The Archaga siblings moved from Honduras to the United States beginning in 2001. The three brothers lived in Dover, where they worked as landscapers or in construction. Joel Archaga and Santos Archaga-Mendoza were undocumented, their siblings Maria and Jose Archaga told NorthJersey.com and The Record during an interview last September. Daniel Archaga, they said, was beginning a process to apply for political asylum. 

Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.