Man in cross burning guilty of 2 intimidation counts

Terence Jones was driving his new BMW down a country road in Gloucester County three years ago when a pickup truck pulled up and the driver shouted a racial epithet.

Jones, who is African American, took down the license-plate number and told police the man had also pointed a gun at him and his brother, Douglas, before speeding off.

Yesterday, Terence Jones said "justice was served" after James J. Trexler, who is white, pleaded guilty to two counts of bias intimidation in state Superior Court in Woodbury.

Trexler, 24, formerly of Pittsgrove, Salem County, also faces an additional 18 months for violating the terms of his probation after his conviction in a cross burning. He had been sentenced to probation only 11 days before the April 29, 2006, incident with the Jones brothers.

His lawyer, Leonard S. Baker, asked whether he had called them a slur and said they "shouldn't be driving a BMW," and whether he was aware the statements would be intimidating. Trexler, dressed in a white, long-sleeved shirt with a tie and black pants, calmly answered, "Yes."

Under the plea agreement, charges of unlawful use of a weapon, which would have carried heavier sentences, will be dismissed. The agreement gives Superior Court Walter Marshall Jr. discretion to sentence Trexler to probation or up to three years in state prison.

"I want to make one thing clear," the judge said. "I have not made any representations as to the sentence I will give out."

Marshall said he planned to review a background report on Trexler and listen to the victim before reaching his decision.

Sentencing was tentatively set for Sept. 25.

Jones, 46, of South Harrison, said he felt "big relief" the Trexler case was finally coming to a close after attending about 30 court sessions.

Jones, a former Philadelphia police officer who is now on disability, said that after he had complained about Trexler, he was racially profiled by a Woolwich police on a highway and frisked. He then was prosecuted for allegedly lying after filing another complaint. Jones was acquitted last year and is now suing the prosecutor and others for violating his civil rights.

The state Attorney General's Office is reviewing the county prosecutor's handling of the Jones case. The Gloucester County chapter of the NAACP had asked Gov. Corzine to appoint a special prosecutor to undertake a review; he has declined.

In the Trexler matter, the attorney general assigned Camden County Assistant Prosecutor Robert Luther to the case because of the conflict between Jones and the Gloucester County prosecutor. Luther said yesterday that he would urge the judge to send Trexler to state prison because he is a repeat bias offender. Trexler had admitted to placing a burning cross on the lawn of a Pittsgrove home where a black man was visiting.

Jones says Trexler should go to state prison because of his "very violent tendencies." Jones said two men wearing white hoods later approached him in his neighborhood and warned him to "drop all charges" against Trexler.

Baker, however, says he believes jail time would be inappropriate because Trexler has admitted only to verbal bias intimidation. Though two paintball guns were found in Trexler's pickup after his arrest, he has "always contended they were never used in a threatening manner," said Baker.

Baker says the bias crimes were "youthful indiscretions" undertaken at a time when he was "wild and drinking."

Baker said Trexler now is employed as a construction worker, is married, has a 1-year-old child, and is buying a home in Gloucester County.

"He never physically harmed anyone and hopefully he realizes people need to be judged by their character, not their color."