On May 13, 2025, major news outlets, including ABC Philadelphia, NBC Philadelphia, NJ.com, BreakingAC.com, and Law & Crime, reported on the sentencing of Edward Johnston, the drunk driver responsible for a 2023 crash that claimed the life of 8-year-old Javier "Javi" Velez in Absecon, New Jersey. Johnston, who allegedly got drunk at the Tropicana Casino’s Boogie Nights Nightclub was allegedly served an amount more than double the legal limit to drive in New Jersey for his Blood Alcohol Content (BAC) and set out onto the road and while traveling at 107 mph, crashed into the Velez family’s Honda Civic. The crash shattered a family’s life in an instant, killing Javier as he slept peacefully in the back seat.
In a courtroom filled with grief, Johnston was sentenced to 15 years in prison on May 13, 2025. The Velez family spoke courageously about their unimaginable loss, and the senselessness of it all. “My son is gone. You did this to him,” Javier’s mother, Kaylah Smith, said in court. The tragedy has become a stark reminder of the lasting consequences of driving under the influence.
Michael T. van der Veen, the family’s attorney – who alleges in their civil suit against Tropicana and the Boogie Nights Nightclub that Johnston was overserved – was present with Javier’s family, providing support over this unimaginable loss. He stood by as Javier’s mother spoke tearfully to news outlets at a press conference following Johnston’s sentencing.
Michael T. van der Veen represents the Velez Family and has filed a dram shop lawsuit against Tropicana and Boogie Nights.
Experts report Johnston’s blood alcohol level was more than twice the legal limit to drive in New Jersey when he left the Boogie Nights bar owned and operated by Tropicana and then left Tropicana’s parking lot to drive his Nissan Sentra at a deadly speed.
Bringing more exposure to this tragic case, the Velez Family is holding a protest and press conference this Friday, June 6, 2025 at 11:00 a.m outside of the Tropicana in Atlantic City. There, the allegations of public record made in the civil complaint filed on behalf of Javier’s family and estate will be discussed.
Standing With the Velez Family: Upcoming Press Conference to Announce an Amended Civil Suit Lawsuit in Drunk Driving Death of 8-Year Old Javi Velez
On Friday, June 6, 2025 at 11: 00 a.m. in front of the Tropicana in Atlantic City, Michael T. van der Veen will answer questions about the civil lawsuit filed on behalf of the Velez family. The lawsuit seeks to hold Tropicana accountable for the role their negligence played in Javier’s tragic and preventable death.
Several media outlets are expected to be in attendance, including Telemundo, ABC Philadelphia, NBC Philadelphia, BreakingAC.com, Law & Crime and NJ.com.
A Civil Complaint Has Been Filed on Behalf of the Velez Family
While Johnston’s sentencing marked the end of the criminal proceedings, the pursuit of full accountability is far from over. van der Veen has filed an amended civil complaint on behalf of the Velez family, alleging multiple claims against Tropicana, including negligence, wrongful death, dram shop, pain and suffering and emotional distress.
The lawsuit alleges that Tropicana’s grossly negligent and reckless conduct on the night of July 23, 2023, led to Javier’s death.
This amended complaint seeks both compensatory and punitive damages for the unimaginable loss of Javier, including the negligent infliction of emotional distress his father and younger brother both suffered after witnessing his death.
It is alleged the reckless decisions of the Tropicana and Boogie Nights employees that served him represent a grave failure to protect public safety and a tragic violation of the law.
The amended complaint alleges that Tropicana violated established industry standards for the responsible service of alcohol by employing bartenders who lacked current TIPS and/or ServSafe certification. It is alleged that the bartenders failed to measure liquor accurately and instead poured alcohol freely. It is alleged in the amended complaint, that they also failed to count the number of drinks they were serving to each patron and it is alleged that was because they had over 500 patrons with only four (4) bartenders pouring. It is alleged in the amended complaint that the bartenders neglected to monitor or control the quantity served, especially to visibly intoxicated individuals. It is alleged that Tropicana failed to even offer any food options leaving individuals without access to food while consuming alcohol. Notably, it is alleged that the Manager of Boogie Nights testified under oath that the safe consumption of the alcohol is on the drinker and not the pourer. That the individual person is responsible for themselves. Most significantly, it is alleged that Tropicana destroyed relevant video surveillance evidence.
About Michael T. van der Veen
Michael T. van der Veen — the founder of van der Veen, Hartshorn, Levin & Lindheim — has built a reputation as a tenacious criminal and civil litigation attorney in both Pennsylvania and New Jersey. Giving a voice to those who need it most, he combines his experience, negotiation skills, and compassion to secure justice for his clients.
His dedication to his clients and multi-million dollar jury verdicts in both State and Federal court have resulted in him being named to the Pennsylvania Super Lawyers list for 20 consecutive years. In 2024, van der Veen was also named one of the top 100 lawyers in Philadelphia by Pennsylvania Super Lawyers. In 2022, he was a finalist for the 2022 Pennsylvania Legal Awards Attorney of the Year.
He is dedicated to pursuing justice for Javi and his family in this preventable tragedy.
True Justice Cannot Be Measured
We know that no sentence, no verdict, and no settlement can ever truly compensate for the loss of a child.
We look forward to presenting the facts in court and ensuring that the Velez family’s voice is heard. They deserve answers. They deserve accountability. And while true justice can never be achieved in the face of such a tragedy, we are determined to fight for what is possible.
If your family has been affected by a catastrophic accident or wrongful death, we are here to help. Contact van der Veen, Hartshorn and Levin at 215-486-0123 for a free consultation.
For media inquiries or to schedule an interview, contact [email protected].