Former Toms River Springs Councilman Drunk Driver Kills Beloved Ocean County Restaurateur

TOMS RIVER, NJ — Robert Popovich was a beloved member of the Ocean County community. His family owned the popular Shady Rest restaurant in Bayville, and he was an avid fisherman who was well-respected in the tight-knit coastal fishing community.

In September, he was hit by a drunk driver and was seriously injured. Despite the fight for his life, Popovich died. Now the woman who killed him has been charged with homicide by vehicle.

She was taken into custody but released under New Jersey’s bail reform law by criminal defense attorney Terrance Turnbach, a former Democratic councilman in Toms River. Turnbach contends his client experienced a medical episode that contributed to the crash, not her blood alcohol level, which was twice the state’s legal limit.

A Seaside Park woman accused in a fatal hit-and-run that killed her boss, Robert S. Popovichs, was released from jail Wednesday pending trial. Jenelle A. Makino was ordered not to drive or consume excessive amounts of alcohol as part of her pretrial release, Judge Wendell Daniels said. Makino, who worked for Popovich, a well-known fly fisherman and restaurant owner, faces several charges in connection with the incident.

The charges against Mackinaw intensified after Popovich’s death, which followed the first incident on Sept. 23 in Seaside Heights. Initially charged with leaving the scene of an accident causing serious injury, she is now charged with vehicular homicide, aggravated vehicular homicide and knowingly leaving the scene of an accident resulting in death. Prosecutors say Popovich suffered serious injuries that could have been mitigated if Mackinaw had stopped and called for help.

During the detention hearing, Assistant District Attorney Emily Grimaldi opposed Mackino’s release, citing public safety concerns. Grimaldi emphasized that Makino left the scene despite knowing she had hit a pedestrian who was later found with serious injuries. Grimaldi also noted Makino’s alleged lack of responsibility because she claimed to have suffered a medical episode during the crash, even though lab results showed her blood alcohol concentration was 0.187, more than twice the legal limit.

Attorney Terrance Turnbach said Makino intends to press charges and has been cooperating with the court proceedings. Ultimately, Judge Daniels ruled that Makino’s compliance with the prior conditions warranted her supervised release. “She has not been charged … (and) she has never appeared,” Daniels said, confirming that the conditions were sufficient to secure her cooperation.