Edward McVey faces a new second-degree charge of eluding police in connection with the fatal Oct. 1 Route 9 crash in Erma, Lower Township. Authorities allege that, shortly before the collision, he fled an officer in Wildwood; the crash killed 56-year-old Michael DiTondo and seriously injured Zachary Whitmore.
According to NJ.com, an officer saw McVey, driving a 2022 Infiniti Q50, run a red light at Rio Grande Avenue and Susquehanna Avenue. After the officer activated emergency lights and a siren, McVey allegedly drove away and switched off the car’s exterior lights. Witnesses later told police he drove recklessly and ran a red light at Route 9 and Route 47.
What New Jersey’s pursuit policy says
According to the New Jersey Office of the Attorney General’s vehicular-pursuit policy, officers must weigh the need for immediate apprehension against risks to law enforcement and the community. The policy also requires a supervisor to order a pursuit ended if its danger to officers or the public outweighs the need to apprehend the driver. The policy does not establish whether officers initiated or continued a pursuit in this case.
According to court documents, McVey’s car struck the vehicle carrying DiTondo and Whitmore from behind on Route 9 in Erma. Authorities said McVey’s car traveled about 100 feet south before stopping in a residence’s front yard. Both men were thrown from their vehicle. DiTondo was pronounced dead at the scene, and Whitmore was airlifted to a hospital with serious injuries.
New Eluding Charge Adds to Original Counts
A release from the Cape May County Prosecutor's Office and Lower Township Police says McVey was initially charged Oct. 2 with second-degree vehicular homicide involving DUI, third-degree assault by auto involving DUI, and fourth-degree assault by auto involving a handheld device. He is accused of driving under the influence and using his cell phone at the time of the crash. NJ.com reported that he now also faces a second-degree eluding charge alleging he created a risk of injury or death.
McVey’s attorney, Erika A. Appenzeller, said the defense intends to challenge the state’s evidence on the charges, telling NJ.com, “We look forward to challenging the State’s evidence.” The prosecutor’s release says the charges are allegations and McVey is presumed innocent unless and until proven guilty.
Online court records show the state's motion for McVey's pretrial detention was granted on Oct. 14. His next scheduled court appearance, a pre-indictment conference, is set for Nov. 16.
Community Rallies Around DiTondo and Whitmore
GoFundMe campaigns tied to the crash describe DiTondo and Whitmore as having been on their way home from The Race of Gentlemen in Wildwood when the collision occurred. The Race of Gentlemen is now organizing a fundraiser honoring DiTondo and supporting Whitmore's ongoing recovery, scheduled for Nov. 29 from noon to 6 p.m. at the Fountain House in Newton. A flyer for the event urges the community to support “Zach, Mickey, and their families.”
As of the Nov. 5 report, a GoFundMe campaign established to create a memorial scholarship honoring DiTondo had raised more than $14,000, while a separate campaign to support Whitmore's recovery had raised $11,000. The scholarship fund had already topped $11,000 by Oct. 12, according to an earlier report from Daily Voice, which identified DiTondo as a 56-year-old Hope Township resident and noted that McVey had been charged with reckless driving in Wildwood just two days before the fatal crash, on Sept. 29. Separately, NBC Philadelphia reported that McVey told police he had been using his cellphone while driving and was not paying attention to the road.
Impaired driving remains a persistent danger on New Jersey roads. The state's Office of the Attorney General reports that 150 people died in 2024 crashes involving a driver with a blood alcohol concentration of 0.08 percent or higher, a toll that mirrors a broader national pattern in which federal data from the National Highway Traffic Safety Administration counted 11,904 deaths in alcohol-impaired-driving crashes that same year.
