Filed 08/04/16 Page 2 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1037
OFFICE
OF THE
OFX'TCE OF
THE COUNTY
PROSECUTOR
COUNTY PROSECUTOR
MONMOUTH
COUNTY
OF
COTIhITY OF MONMOUTTT
132
I32 JERSEYVILLEAVENUE
JERSEYVILLE AVENUE
07728-2374
FREEHOLD,
7 28-237 4
FR-EEHOLD, NJ
Nt A1
(732)431_-7159
(732\ 43t-1rc4
MARC
MARC C_
C. LEMIEUX
LEMIEUX
ASSISTANT PROSECUTOR
FIRST
FIRST ASS¡STANT
PROSBCUTOR
LORI
LORT LINSKEY
LINSKEY
DEPUTY
ASSISTANT PROSECUTOR
ÞEPUTY FIRST
F¡RST ASSISTANT
PROSECUTOR
MICHAEL
MICHAEL J.J. WOJCIECHOWSKI
V/OJCIECHOWSKI
CHRISTOPHER].
GRAMICCIONI
CHRISTOPHER J, GRAMICCIONI
ACTING
ACTING MONMOUTH
MONMOU'TH COUNTY
COT'NTY PROSECUTOR
PROSECUTOR
FIRST ASSISTANT
DEPUTY
Á.SSISTANT PROSECUTOR
DEPUTY FIR.Sî
PROSECUTOR
MICHAEL
PASTERCHICK JR
MICHAËL PASTERCHICK
JR.
CHIEF
OF DETECTIVES
DETECTiVES
CHIEF or
2016
March
March 10,
10,2016
HAND
HAND DELIVERED
DELIYERED
Thomas J.
Thomas
J. Mallon,
Mallon, Esq.
Esq.
Mallon
&
Mallon & Tranger
Tranger
86
86 Court
Court Street
Street
Freehold,
Freehold, New
New Jersey
Jersey 0772
07728
'
Re:
5-00177
Re: MCPO
MCPO Investigation
Investigation No.2
No.: HMI
HMl5-00177
Your
Timothy Harden
Your client:
client: The
Harden
The Estate
Estate of
of Timothy
CIVIL
CryIL DISCOVERY
DISCOVERY
Dear
Dear Mr.
Mr. Mallon:
Mallon:
As
an
enclosed is
As you requested,
requested, enclosed
please find
fìle. Also
Also enclosed
is an
enclosed please
find materials
materials from
from this
this Office’s
Office's file.
the
to
invoice
the
of
Please
make
Monmouth
this
cost
representing
payment
reproducing
discovery.
invoice representing the cost of reproducing this discovery. Please make payment to the Monmouth
County
letterhead.
County Prosecutor’s
Prosecutor's Office
on the
the letterhead.
Offioe and
mail to
to the
the attention
attention of
of Administration
Administration at
at the
the address
address on
and mail
You
certain areas
of this
redactions concern
You will
will see
redacted. These
These redactions
concem
see that
that certain
this report
report may have
have been
been redacted.
areas of
such
items
similar
information.
social
numbers
and
driver's
license
as
numbers,
items such as social security
The redactions
redactions
security numbers, driver's license numbers and similar informatíon. The
have
private information
have been
been made
private. Unredacted
be maintained
maintained by
made to
information private.
Unredacted versions
versions will
will be
by this
this
to keep
keep private
Office.
Office.
Very
Very truly
truly yours,
CHRISTOPHER
CHRISTOPTMR J.
J. GRAMICCIONI
GRAMICCIONI
ACTING
ACTING MONMOUTH
MONMOUTH COUNTY
COIJNTY PROSECUTOR
PROSECUTOR
By:
J. Decker
Decker
By: CllI'lSl0]1l‘ -r J.
Special
Deputy
Attorney General
General
Special Deputy Attorney
Assistant
Acting
Acting Assístant Prosecutor
Prosecutor
Director,
Major Crimes
Crimes Bureau
Bureau
Director, Major
CJD/dc
CJD/dc
Enclosures
Enclosures
http://www.prosecutor.co.monmouth.nj.us
http://www.prosecutor. co.monmouth.nj.us
Prosecutor's
Prosecüto/s File
File 0001
0001
Filed 08/04/16 Page 3 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1038
INVESTIGATION
HM15.OOI77
NO. HMIS-00177
INVESTIGATION NO.
CIVIL
CIVIL DISCOVERY
DISCOVERY
(Thomas
(Thomas J.
Esquire)
J. Mallon,
Mallon, Esquire)
1.
1.
2016, 1 page
MCPO
Jr., January
15,2A16,1
January 15,
BozzaJr.,
Det. Daniel
Daniel Bozza
MCPO Supplemental
Supplemental Report,
Report, Det.
2.
)
Bozza Jr.,
MCPO
2A15,11 page
10, 2015,
December 10,
Jr., December
DanielBozza
MCPO Supplemental
Report, Det.
Det. Daniel
Supplemental Report,
3.
3,
4.
4.
MCPO
23, 2015,
201 5, 11 page
Jr., October
October 23,
Bozza Jr.,
Report, Det.
Det. Daniel
Daniel Bozza
MCPO Supplemental
Supplemental Report,
(Christine
(Christine Brown
Brown Statement)
Statement)
MCPO
2015, 1 page
Jr., October
page
23,2015,1
October 23,
Daniel Bozza
BozzaJr.,
Report, Det.
Det. Daniel
MCPO Supplemental
Supplemental Report,
5.
October 21,
MCPO
2015, 1 page
21,2015,1
Det. Brian
Brian Weisbrot
Weisbrot,, October
MCPO Supplemental
Supplemental Report,
Report, Det.
6.
6.
Bozza Jr., October
MCPO
2015, 1 page
9,2015,1
October 9,
DanielBozzaJr.,
MCPO Supplemental
Report, Det.
Det. Daniel
Supplemeutal Report,
7.
7.
MCPO
Jr., October
23, 2015,
2015, 1I page
October 23,
Bozzalr.,
Det. Daniel
Daniel Bozza
MCPO Supplemental
Supplemental Report,
Report, Det.
(Tina
(Tina Pinelli
Pinelli Statement)
Statement)
MCPO
23, 2015,
207 5, 1I page
Supplemental
September 23,
Bozza Jr.,
Jr., September
Report, Det.
DeL Daniel
Daniel Bozza
MCPO Supplemental Report,
(Mary
(Mary Green/Masks)
Green/Masks)
Bozza Jr., September
2015, 1 page
MCPO
23,2075,I
September 23,
DanielBozzaJr.,
MCPO Supplemental
Report, Det.
Det. Daniel
Supplemental Report,
(Jeremy
(Jeremy Hoffman
Hoffman Statement)
Statement)
Bozza Jr., September
2015, 1 page
MCPO
23,2015,1
September 23,
Det. Daniel
DanielBozzaJr,,
MCPO Supplemental
Supplemental Report,
Report, Det.
8.
8.
9.
9.
10.
10.
11.
11.
12.
12.
13.
13.
14.
14,
15.
15.
16.
16.
17.
17.
(Christy
(Christy Meyer
Meyer Statement)
Statement)
(Ryan
(Ryan Edgar
Edgar Statement)
Statement)
Bozza Jr.,
2015, 1 page
MCPO
23,2015,1
September 23,
Jr., September
Report, Det.
Det. Daniel
Daniel&ozza
MCPO Supplemental
Supplemental Report,
(Benjamin
(Benjamin Bleefeld
Statement)
Bleefeld Statement)
Bozza Jr.,
2015, 1 page
MCPO
Supplemental
23,2015,1
DanielBozza
Jr., September
September 23,
Det. Daniel
MCPO Supplemental Report,
Report, Det.
ohnstone Statement)
(Michael
Statement)
(Michael JJohnstone
MCPO
23, 2015,
2Al 5, 1I page
September 23,
Bozza Jr.,
Jr., September
Det. Daniel
Daniel Bozza
MCPO Supplemental
Supplemental Report,
Report, Det.
(Joseph
(Joseph Zimmerman
Statement)
Zimmerman Statement)
MCPO
201 5, 1I page
23, 2015,
Daniel Bozza
Bozza Jr.,
Jr., September
Septembet 23,
Report, Det.
Det. Daniel
MCPO Supplemental
Supplemental Report,
(Joseph
(Joseph Wocio
Statement)
Wocio Statement)
Bozza Jr., September
2015, 1 page
MCPO
21,2015,I
Supplemental
September 21,
DanielBozzaJr.,
Report, Det.
Det. Daniel
MCPO Supplemental Report,
Bozza Jr., September
2015, 1 page
MCPO
21,'2015,1
September 2T,‘
DanielBozzalr.,
MCPO Supplemental
Report, Det.
Det. Daniel
Supplemental Report,
Emilius
(Casey
(Casey Emilius Statement)
Statement)
Bozza Jr., September
2015, 1 page
MCPO
2t,2015,1
September 21,
Det, Daniel
DanielBozzalr.,
MCPO Supplemental
Report, Det.
Supplemental Report,
(Jeffrey
(Jeffrey Mahajan
Mahaj an Statement)
Statement)
19.
t9.
Bozza Jr.,
2015, 1 page
MCPO
21,2015,1
DanielBozza
Jr., September
September 21,
Det. Daniel
MCPO Supplemental
Supplemental Report,
Report, Det.
(John
(John Bree
Bree Statement)
Statement)
2015, 1 page
MCPO
ll',2015,1
Septernber 11,
Rocco Santorsola,
Santorsola, September
Report, Sgt.
Sgt. Rocco
MCPO Supplemental
Supplemental Report,
20.
20.
Bozza Jr., September
MCPO
pages
2A1,5,22 pages
10, 2015,
September 10,
DanielBozzaJr.,
Det. Daniel
MCPO Supplemental
Supplemental Report,
Report, Det.
21.
21.
MCPO
Jr., September
201 5, 11 page
23, 2015,
Septembet 23,
Bozzalr.,
Daniel Bozza
Report, Det.
Det. Daniel
MCPO Supplemental
Supplemental Report,
18.
18.
22.
22.
(Audio/Video
(Audio/Video footage)
footage)
2015, 2 pages
MCPO
Supplemental
8,2015,2
October 8,
Daniel Newman,
Newman, October
Report, Det.
Det. Daniel
MCPO Supplemental Report,
Prosecutor's
Prosecutor's File
File 0002
0002
Filed 08/04/16 Page 4 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1039
INVESTIGATION
HMls-OAfi 7
NO. HM15-00177
INVESTIGATION NO.
CIVIL
DISCOVERY
CIVIL DISCOVERY
(Thomas
(Thomas J.
Esquire)
J. Mallon,
Mallon, Esquire)
23.
23.
2015, 3 pages
MCPO
Jr., September
17,2015,3
September 17,
BozzaJr.,
Det. Daniel
Daniel Bozza
Report, Det.
MCPO Investigation
Investigation Report,
24.
24,
24, 2015, 4 pages
MCPO
November24,2015,4
Ricciardi, November
Parnela Ricciardi,
Report, Det.
Det. Pamela
Investigation Report,
MCPO Investigation
25.
25.
2016, 1 page
MCPO
23,2016,1
Ricciardi, January 23,
Det. Pamela
Pamela Ricciardi,January
Report, Det.
MCPO Supplemental
Supplemental Report,
26.
26.
2015, 2 pages
MCPO
28,2015,2pages
September 28,
ÏVeisbrot, September
Det. Brian
Brian Weisbrot,
Report, Det.
MCPO Supplemental
Supplemental Report,
27.
27.
2015, 4 pages
MCPO
15,2015,4
October 15,
Lou Zuppa,
Zuppa, October
Det. Lou
MCPO Technical
Report, Det.
Technical Report,
28.
28.
2015, 1 page
MCPO
15,2015,1
October 15
Zuppa, October
Lou Zuppa,
Autopsy, Det.
Det. Lou
Photo Report
Report Autopsy,
MCPO Uniform
Uniform Photo
29.
29.
2015, 1 page
MCPO
Zuppa, October
15,2015,1
October 15,
Lou Zuppa,
PD, Det.
Det. Lou
Howell PD,
Report Howell
MCPO Uniform
Uniform Photo
Photo Report
30.
30.
2015, 1 page
MCPO
15,20t5,1
October 15,
Zuppa, October
Lou Zuppa,
Det. Lou
Report Scene,
Scene, Det.
Uniform Photo
Photo Report
MCPO Uniform
31.
31,
2015, 1 page
MCPO
SUMC, Det.
15,2015,1
October 15,
Zuppa, October
Lou Zuppa,
Det. Lou
Photo Report
Report JJSUMC,
MCPO Uniform
Uniform Photo
32.
32.
33.
2015, 1
MCPO
6, Det.
3A,2015,1'
September 30,
Zuppa, September
Lou Zuppa,
Det. Lou
thru 6,
Itemsl 5-0577-5-l thru
Log Items15-0577-5-1
MCPO Evidence
Evidence Log
page
Page
2015,
6, Det.
MCPO
15,2A15,
October 15,
Zuppa, October
Lou Zuppa,
Det. Lou
thru 6,
ltems 15-0577-5-1
15-0577-5-L thru
Receipt Items
Evidence Receipt
MCPO Evidence
34.
34.
September
MCPO
Jr., September
Bozzq Jr.,
Daniel Bozza,
Det. Daniel
8, Det.
thru 8,
ß-A577-l-1 thru
Evidence Receipt
Receipt Items
Items 15-0577-1-1
MCPO Evidence
35.
35.
J r., September
MCPO
22,
Septembet 22,
Bozza, Jr.,
Det. Daniel
Daniel Bozza,
15-0577-2-1, Det.
Items 15-0577-2-1,
Receipt Items
MCPO Evidence
Evidence Receipt
36.
36.
37.
37.
,
lpage
lpage
17,
2015, Ipage
lpage
17,2015,
2015,
2415, lpage
lpage
Jr., September
Bozza, Jr.,
September
MCPO
DanieIBozza,
Det. Daniel
3, Det.
thru 3,
Itemsl5-0577-3-l thru
Receipt Items15-0577-3-1
MCPO Evidence
Evidense Receipt
23,
2015, Ipage
lpage
23,2075,
September 25,
MCPO
25,
Newman, September
Daniel Newman,
Det. Daniel
Itemsl5-0577-4-1, Det.
MCPO Evidence
Evidence Receipt
Receipt Items15-0577-4-1
,
2015,
lpage
2A15,1page
43.
43.
MCPO
Gaughran,
John Gaughran,
15-0577'4'1, John
and 15-0577-4-1,
thru 33 and
Receipt Items15-0577-3-1
ltemsl5-0577-3-L thru
Evidence Receipt
MCPO Evidence
1
November
2015, page
5,2015,lpage
November 5,
MCPO
Daniel
f)et. Daniel
15-0577-4-1, Det.
and 15-0577-4-1,
thru 33 and
Itemsl5-0577-3-l thru
MCPO Evidence
E.¿idence Receipt
Receipt Items15~0577-3-1
1
November
2015,
Jr.,
5,
Bozza,
page
Bozz4 Jr., November 5, 2015,1page
77-3-1 thru
MCPO
Bamer,
Jeffrey Bamer,
15-0577'4-1, Jeffrey
and 15-0577-4-1,
thru 33 and
S-0577-3-l
Receipt Items]
ltemsl 5-05
MCPO Evidence
Evidence Receipt
December
2015, Ipage
December 8,
8,2015,lpage
Evidence
MCPO
Daniel
Det. Daniel
15-0577-4'1, Det.
and 15-0577-4-1,
thru 33 and
ltemsl5-0577-3-l thru
Receipt Items15-0577-3-1
MCPO Evidence Receipt
1
December
Bozza,
page
2015, lpage
Jr., December 8,
8, 2015,
Bozza, Jr.,
2015,
Bozza, Jr.,
Items15—05
MCPO
77-6-1, Det.
6,2015,
Jr., October
Octobet 6,
Receipt
Det. Daniel
DanieIBozza,
Itemsl5-0577-6-1,
MCPO Evidence
Receipt
Evidence
1lpage
page
Middlesex
Zuppa,
Lou Zuppa,
Det. Lou
Receipt, Det.
Inventory Receipt,
OfÍice Inventory
Examiner's Office
County Medical
Medical Examiner’s
Middlesex County
44.
44.
2015, 1 page
Consent
Search, Priscilla
15,2A15,1
Septernber 15,
Priscilla Baker,
Baker, September
Consent To
To Search,
38.
38.
39.
39.
40.
44.
41.
42.
42.
September
16, 2015,
2015, Ipage
lpage
September 16,
Prosecutor's
Prosecutor's File
File 0003
0003
Filed 08/04/16 Page 5 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1040
INVESTIGATION
NO, HM15-00177
IIM15.OOI77
INVESTIGATION NO.
CIVIL
DISCOVERY
CWIL DISCOVERY
(Thomas
Esquire)
(Thomas J.
Mallono Esquire)
J. Mallon,
46.
46.
Bozza, Jr.,
MCPO
October
Jr., October
DanielBazza,
phone, Det.
Det. Daniel
Cell phone,
Kyocera Cell
Receipt Kyocera
Evidence Property
Property Receipt
MCPO Evidence
1
2015, I page
5,
5,2075,
2015, 7 pages
NMS
14,2015,7
December 14,
Harden, December
Timothy Harden,
Toxicology Report,
Report, Timothy
Labs Toxicology
NMS Labs
47.
47.
2015, 1 page
September 11,
Howell
11,2015,1
L,t. Martin,
Martin, September
Report, Lt.
Review Report,
Howell Twp
Twp PD
PD Meaningful
Meaningful Review
48.
48.
2015, 1 page
Howell
8,2015,1
September 8,
Daniel Murphy,
Murphy, September
Ptl. Daniel
Report, Ptl.
Force Report,
Twp PD
PD Use
Use of
of Force
Howell Twp
49.
49.
2015, 1 page
Howell
8,2AL5,1
September 8,
Conaty, September
Twp PD
Ptl. James
James Conaty,
of Force
Force Report,
Report, Ptl.
Howell Twp
PD Use
Use of
50.
50.
2015, 1 page
Howell
8,2015,1
September 8,
Austin, September
Nicholas Austin,
Ptl. Nicholas
Force Report,
Report, Ptl.
Twp PD
PD Use
Use of
of Force
Howell Twp
51.
51.
2015, 1 page
of Force
Howell
8,2015,1
September 8,
Migdon, September
Michael Migdon,
Ptl. Michael
Report, Ptl.
Force Report,
Howell Twp
Twp PD
PD Use
Use of
52.
52.
Howell
2015, 11 page
8, 2015,
September 8,
Bonner, September
Vincent Bonner,
Pti. Vincent
Report, Ptl.
Twp PD
of Force
Force Report,
Howell Twp
PD Use
Use of
53.
53.
2015, 2 pages
Call Number
Howell
5,2AL5,2
September 5,
15-39715, September
Report Call
Number 15-39715,
PD CAD
CAD Report
Howell Twp
Twp PD
54.
54,
2015, 4 pages
Statement of
30,2015,4
November 30,
Austin, November
of Ptl.
Ptl. Nicholas
Nicholas Austin,
Statement
55.
55.
2015, 5 pages
Statement
20,201.5,5
Bonner, November
November 20,
Ptl. Vincent
Vincent Bonner,
Statement of
of Ptl.
56.
56.
2015, 4 pages
Statement
20,2015,4
Conaty, November
November 20,
Ptl. James
James Conaty,
Statement of
of Ptl.
57.
57.
2015, 4 pages
Statement
20,2015,4
November 20,
Murphy, November
of Ptl.
Ptl. Daniel
Daniel Murphy,
Statement of
58.
58.
2105, 7 pages
Statement
pages
5,2105,7
White, November
November 5,
Patricia White,
Statement of
of Patricia
59.
59.
of David
Statement
2015, 7 pages
pages
26,2015,7
David Mahajan,
October 26,
Mahajan, October
Statement of
60.
60.
of Christine
Christine Brown,
Statement
2015, 4 pages
76,2015,4
October 16,
Brown, October
Statement of
61.
61,
2015, 4 pages
Statement
75,2015,4
Meyer, October
October 15,
Statement of
of Christy
Christy Meyer,
62.
62.
2015, 6 pages
Statement
5,2015,6
Tina Pinelli,
Pinelli. October
October 5,
of Tina
Statement of
63.
63.
2015, 6 pages
Statement
23,2015,6
Hoffinan ,, September
September 23,
of Jeremy
Statement of
Jeremy Hoffman
64.
64.
2015, 8 pages
Statement
23,2075,8
Ryan Edgar,
Edgar, September
September 23,
of Ryan
Statemenf of
65.
65.
2015, 6 pages
Statement
22,2015,6
Bleefeld, September
September 22,
of Benjamin
Beqjamin Bleefeld,
Statement of
66.
66.
2015, 7 pages
Statement
pages
22,2015,7
September 22,
Michael Johnstone,
Johnstone, September
of Michael
Statement of
67.
67.
2015, 6 pages
of Joseph
Statement
22,2A15,6
Septembet 22,
Zimmerman, September
Joseph Zimmerman,
Statement of
45.
45.
Prosecutor's
Prosecuto/s File
File 0004
0004
Filed 08/04/16 Page 6 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1041
INVESTIGATION
HM15-TOI71
NO. HM15-00177
INVESTIGATION NO.
CIVIL
DISCOYERY
CIVIL DISCOVERY
(Thomas
EsquÍre)
(Thomas J.
Mallon, Esquire)
J. Mallon,
68.
68.
2015, 7 pages
of Joseph
Statement
pages
2I,2015,7
September 21,
Wocio, September
Joseph Wocio,
Statement of
69.
69.
2015, 5 pages
Statement
21,2015,5
September 21,
Ladue, September
Philip Ladue,
Statement of
of Philip
70.
70.
2015, 6 pages
Statement
17,2015,6
September 17,
Emilius, September
of Casey
Casey Emilius,
Statement of
71.
2015, 6 pages
Statement
17,2015,6
September 17,
Mahajan, September
Jeffrey Mahajan,
of Jeffrey
Statement of
72.
72.
Statement
pages
2A15,77 pages
17, 2015,
September 17,
Bree, September
of John
John Bree,
Statement of
73.
73.
of Andrew
Statement of
i 1 pages
2015, 11
8, 2015,
September 8,
Neri, September
Andrew Neri,
Statement
74.
74.
5, 2015,
Statement
2A15,77 pages
Toth, September
September 5,
Brian Toth,
of Brian
Statement of
75.
75.
2015, 8 pages
Statement
5,2015,8
Baker, September
September 5,
of Priscilla
Priscilla Baker,
Statement of
76.
76.
2015, 5 pages
John Smith
Statement
5,2015,5
Jr., September
Septembet 5,
of John
Smith Jr.,
Statement of
77.
77.
2015, 5 pages
Statement
5,2015,5
September 5,
Castillo, September
Daniel Castillo,
of Daniel
Statement of
78.
78.
of Patrick
Statement
2A15,66 pages
5, 2015,
Troy, September
September 5,
Patrick Troy,
Statement of
79.
79.
Statement
2AI5,66 pages
5, 2015,
September 5,
Cruz, September
of Brandon
Brandon Cruz,
Statement of
80.
80.
Calls and
CD
(Redacted)
Transmissions (Redacted)
Radio Transmissions
and Radio
CD 911
911 Calls
81.
81.
DVD
Yehtcle2?
Ptl. Austin
Austin Vehicle22
MVR Ptl.
DVD MVR
82.
82.
Ptl. Bonne
DVD
Bonne Vehicle
Vehicle 99
MVRPtl.
DVD MVR
83.
DVD
10
Vehicle 10
Ptl. Migdon
Migdon Vehicle
MVR Ptl.
DVD MVR
84.
84.
DVD
28
Vehicle 28
Ptl. Conaty
Conaty Vehicle
DVD MVR
MVR Ptl.
85.
DVD
Vehicle 77
MVR Vehicle
DVD MVR
86.
86.
DVD
Vehicle 55
Sgt, Weg
Weg Vehicle
MVR Sgt.
DVD MVR
87.
87.
DVD
Vehicle 51
51
Ptl. Murphy
Murphy Vehicle
DVD MVR
MVR Ptl.
88.
88.
DVD
(Scene)
Zuppa (Scene)
Det. Zuppa
FN15-00197 Det.
Photos FNl5-00197
Forensic Photos
DVD Forensic
89.
89.
DVD
(Photos of
officers)
of Officers)
Zuppa (Photos
Det. Zuppa
FN15-00197 Det.
Photos FN15-00197
DVD Forensic
Forensic Photos
90.
90.
CD
(Redacted)
Dispatch (Redacted)
PD Dispatch
& Howell
Howell PD
Mary Green
Green &
Calls Mary
CD Phone
Phone Calls
Prosecutor's
Prosecuto/s File
File 0005
0005
Filed 08/04/16 Page 7 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1042
INVESTIGATION
HM15-OOI777
NO. HM15-0017
INVESTIGATION NO.
CIVIL DISCOVERY
CIVIL
DISCOVERY
(Thomas
(Thomas J.
Esquire)
Mallon, Esquire)
J. Mallon,
91.
2015,
5' 2015
September 5,
Weg, September
Thomas Weg,
Sgt. Thomas
Nanative, Sgt.
Twp PD
PD Supplemental
Supplemental Narrative,
Howell Twp
91. Howell
I3-Igiil l
93. :15:/geellTwp
94. flggxrgell Twp
,
3 pages
2015,
92.
5,2015,
September 5,
Conaty, September
wp PD
James Conaty,
Narrative, Ptl.
Ptl. James
& Narrative,
PD Incident
Incident Report
Report &
92. Howell TTwp
93.
94.
5 pages
2015,
Ortenzi, September
6,2015,
September 6,
RobertOúenzi,
Det. Robert
Narrative, Det.
PD Supplemental
Supplemental Narrative,
Howell Twp PD
2pages
2015, 44
7,2015,
September 7,
Supplemental Narrative,
Murphy, September
Ptl. Daniel
Daniel Murphy,
Narrative, Ptl.
PD Supplemental
Howell Twp PD
lr)IE:)g\:r:l1
pages
2015,
95.
7,2A15,
September 7,
Heather Scherbinski,
Scherbinski, September
Ptl. Heather
Nanative, Ptl.
PD Supplemental
Trap PD
Supplemental Narrative,
95. Howell Twp
I1-Igzvgell
97. I515:/g: ‘l Twp
98. figsvillTwp
99, I1-lg:/ge(l Twp
1 page
2015,
September 7,
96.
7,2015,
Migdon, September
Ptl. Michael
Michael Migdon,
Narrative, Ptl.
Twp PD
PD Supplemental
Supplemental Narrative,
96. Howell Twp
97.
98.
99.
100.
100.
3 pages
2015,
7,2015,
September 7,
Austin, September
Ptl. Nicholas
Nicholas Austin,
Narrative, Ptl.
PD Supplemental
Howell Twp PD
Supplemental Narrative,
2pages
2015,
7,2015,
September 7,
MacDonald, September
Ptl. Sean
Sean MacDonald,
Narrative, Ptl.
Howell Twp PD
PD Supplemental
Supplemental Narrative,
1
page
2015,
7,2015,
September 7,
Bonner, September
Ptl. Vincent
Vincent Bonner,
Narrative, Ptl.
PD Supplemental
Supplemental Narrative,
Howell Twp PD
22pages
pages
2015, 66 pages
Medical
31,2015,
December 31,
Karluk, December
Diane Karluk,
Report, Dr.
Dr. Diane
Autopsy Report,
Medical Examiner
Examiner Autopsy
Prosecutor's
Prosecutor's File
File 0006
0006
Filed 08/04/16 Page 8 of 100 PageID:
8043-BRM-TJB
Page D: 1043
Case 3:15-cv-08043-BRM-TJB Document 62-1 Filed
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GI
cl I5-00172
r5-00172
GENERAL
INVESTIGATION
GENERAL INVESTIGATION
4. Case Agency(s)
Poge
I
7.
7
6.
5.
ó. N.J.S.
N.J.S.
5, Crime
REVIEW
POLICY
POLICYREVIEW
9.
9. Location
I¡cation of CrimT
Crime
STATE HIGHWAY
1017
NT 0773];
07131;
NJ HOWELL,
HOWELL, NJ
IOIT STATE
HIGHWAY #33,
#33, HOWELL,
HOWELL, NJ
Reported Date
Dale &
& Time
Tinrc
09/05/2015
l6:19
09/05/2015 16:19
I
.8.Incident
& Time
Llncidcnt Date
Date &
Time
'
10.
10. Person
Person Reporting
Rcporting Incident
Incidcnt // Crime:
Crimc:
11.
I l. Suspect(s)
Suspect(s)
12.
12. Person
Person Info(s):
Info(s):
14.
Victim(s):
14. Victim(s):
15.
15. Person
P*son Info(s):
Info(s):
13.
13. Address(s):
Address(s);
16.
16. Address(s):
Addrcss(s)¡
7
17.
Pmpcrty
17. Stolenl
Stolcn / Missing
Missing Property:
\ \t{lì \ I t\
18.
Weapon Usfidi
18. WeaP°"
I
of the
Office of
On
County Offìce
2015, I received
the Medical
Medical
from the
the Middlesex
Middlesex County
Autopsy from
January 14,
14,2015,1
the Report
Report of
of Autopsy
On January
¡rccived the
excited
delirium
induced
of
death
be
the
to
identifies
The
Harden.
cause
Examiner,
drug induced excited delirium
Examiner, on
on Timothy
Timothy Harden. The report identifles the cause of death to be drug
was ruled
with
accidental.
ruled accidental.
the manner
of death
death was
and the
manner of
with sudden
sudden death
death occurring
occurring during
during forcible
forcible restraint
restraint and
of this
Based
included,
which included,
this investigation
investigatíon which
during the
the course
course of
Based on
obtained during
on aa review
review of
the information
information obtained
of all
all the
involved, multiple
multiple video
video
police
witnesses and
and ofiicers
reports, Use
police reports,
from witnesses
ofücers involved,
of Force
Force Reports,
Reports, statements
statements from
Use of
and
it¡t
radio
call
and
scene
MVR
911
transmissions,
photographs,
autopsy
report;
photographs,
and
recordings
autopsy
report;
scene
systems,
call
radio
transmissions,
recordings from
MVR
and
from
systems, 911
the
within
General’s
Use
acted
Police
the
the
Howell
that
members
of
Attorney
Township
Department
within
the
Attorney
General's
acted
Use
appears that the m€mbers of the Howell Township Police Department
of Force
of Force
Uniform Use
Use of
Force policy.
Force Guidelines
the Monmouth
County Unifonn
of
Cuidclines and
and the
Monmouth County
Policy.
This
This investigation
is complete.
investigation is
complete.
Based
review and
attomey review
for attorney
and closure
closure
submitt€d for
Based on
facts this
this case
case is
is being
being submitted
on the
the aforementioned
aforementioned facts
consideration.
consideration.
EXHIBIT
(rycØ /«am
i mm
Þå6
Reporting
Rcporling Dclcclive
f)ctcctive
DAM!-.'L
nozzn JR.
D.{'¡itI,iL .1,t 80zz^Jk
Reporting
Detective Signature
Signailro
Reporting Detective
D
;
't'
of7R7epo?
Date
Date of Report
V-—
01/15/2016
0vl5n0ß
fisupervisor
Signature
Supervisor Signature
‘-
/7¢cQ£¢_5¢‘a¢_
4Æ/LÈ. rå¿
Prosecutor's
Prosecutor's File
File 0007
0007
Filed 08/04/16 Page 9 of 100 PageID:
BRM-TJB
Page D: 1044
Case 3:15-cv-08043-BRM-TJB Document 62-1 Filed
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G115-00172
crr5-00r72
7.l. Unit
Unit
G1-ZN]-2l{2‘\l_ INVESTIGATION
TION
4. Case
Àgency(s)
Case Agency(s)
%
_
09/05/2o1s1e:19
091051201516t19
__
I
of
I
“
7. Reported
& Time
me
Date &
Reported Date
_
6.
5.
6. N.I.S.
N.t.S.
5. Crime
Crirne
REVIEW
POLICY
POLICY
9. Location of Crime
9.
07731;
HOWELL, NJ
[017
NJ HOWELL,
NJ 07731;
#33, HOWELL,
HOWELL, NJ
STATE I{IGHWAY #33,
IO17 STATEHIGHWAY
Page
8.lncident
S.lncident Date
Date KL
& Tinie‘
Tíme
_
10.
/ Crime:
Incidenl /Crime:
Person Reporting
Reporting Incident
10, Person
-11.
ll. Suspect(s)
Suspect(s)
12.
12. Person
Person lnf‘o(s):
Info(s):
13.
13. Address(s):
Address(s):
I4.
Viclim(s):
I4. Victim(s):
15.
Person lnfo(s)l
t5. Person
lnfotsi):
-16.
ló. Address(s):
Address(s):
I8. Weapon
lE.
Weapon Used:
17.
Missing Property:
Property:
t7. Stolen
Stolen // Missing
\\ il{\ll\l
.Iohnstone‘s
of both
they mention
mention an
an
statements, they
Johnstone s statements,
M
and Michael
During
B leefeld and
Benjamin Bleefeld
course of
both Benjamin
Duri ng the
the course
from
the
festival.
Itt
t, that
ran
he
when
Route
initially
from
Harden
Mr.
33,
ran
from
festiva
named
“Chris”
ly
the
nitial
individual
picked up Mr Harden from Route 33, when he
indi vidual named "Chris that picked
Howell
or
the
witness
to
Township
“Chris”
guards
security
that
is
indication
guards
p
was
there
or
Howell
ownsh
be
that
noted
T
should
no indication that "Chris" was witness to the security
should be notsd that there is no
Harden.
withMr.
Police
interactions with Mr. Harden.
Officers, interactions
Police Officers,
2015, multiple
2015 to
attempts
multiple attempts
From
7,2015,
Decembet 7,
of December
to the
the week
week of
9,2015
the week
week of
of November
November 9,
From approximately
approximately the
did
she
know
not
that
stated
and
contacted
personally
Baker
personally
Priscilla
“Chris”.
was
made
did
not
been
to
she
know
have
that
stated
and
identify
contacted
was
Priscilla
Baker
made
to
identí$'
have been
"Chris".
Baker
failed
Priscilla
call
this
to
him.
for
number
able
of
be
and
failed
knew
him
to
but
Baker
to
a
Priscilla
oall
this
telephone
him.
for
might
number
get
Chris,
get
telephone
a
Chris, but knew of him and might be abte to
returned.
been
not
have
Baker
Ms.
reach
to
information.
returnedwith
back
been
not
Detective
have
Multiple
Baker
attempts
Ms.
reach
to
Detective back with any information. Multiple attempts
Investigation
to continue.
continue.
Investigation to
J
i
Reporting
Detaotive
Reporting Detective
JR.
DANIEL
JBOZT'AJN.
DA¡IIEL JBOZZA
»_
7
Reporting
Dctcctive Signature
Signaturc
Reporling Detective
S ,6
@fui"e
Date
of Report
Report
Date of
12/10/2015
tunn0l5
§uperviso_r _Signature
'
Supervisor Signature
.dÆF
/{Egg Z fiflqaé
râ¿
Prosecutor's
Prosecuto/s File
File 0008
0008
RM-TJB
Case 3:15-cv-08043-BRM-TJB
Filed 08/04/16 Page 10 of 100 PageID:
Document 62-1 Filed
Page D: 1045
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Gr I5-00172
(EIENERAL iN\"l.!~i’l'l(if_\TION
4.
Agency(s)
4. Case
Case Agency(s)
g
*
Reponefi)ate
& Time
Time
Dste &
7.
?. Reporied
—
6.
5.
6. N..l.S.
Crime
5. Crime
REVIEW
POLICY
POLICY REVIEW
9.
L Location of Crime
#33, HOWELL,
1017
NJ 07731;
07731:
NJ HOWELL,
HOWI]LL, NJ
HOWELL, NJ
HIGHWAY#33,
IOIT STATE
SÎATE HIGHWAY
09/05/2015
l6:19
û9/05/2015 l6:l9
_
8.lncident Date
Date &
& Time
Time
_
_>>__
W
i
Crime:
10.
lncidenl //Crime:
Reporting Incident
t0. Person
Person Reporting
1].
I l. Suspect(s)
Suspect(s)
lnfo(s):.
13.
Address(s):
13. Address(s):
12.
Person lnfo(s):
12. Person
-
14.
Victim(s):
14. Victim(s):
15.
lnfo(s):
Person lnfo(s):
15. Person
I8.
8.
17.
Property:
Missing Property:
17. Stolen
Stolen // Missing
I6.
Address(s):
16. Address(s):
Weapon Used:
Used:
\\l{l{\ll\l
B rown,
with Christine
Christine Brown,
met with
and I met
On
w e sbrot and
Brian Weisbrot
Detective Brian
:00pm, Detective
2 0 5, at
Lt approximately
approximately 1:00pm,
October l6, 2015,
On October
of
The
New
in
Office
Freehold,
Jersey.
Prosecutor's
of this
this
purpose
Monmouth
The
the
Je
rsey
at
New
_,
DOB
old,
County
Freeh
at the Mon mouth County Prosecutoy's Office tn
DOB
occurred
that
at
Priediane,
incident
the
Brown
Christine
ôccuffed
at
Pri
from
ediane,
that
take
regarding
statement
ncident
the
:1
to
meeting
typed statement from ch n stine Brown regard ng
was to take typed
meet¡ ng was
5 2015.
2A 5.
located
Septem ber 5.
on September
H arde n, on
Ti m othy Harden,
N J involving
tnvo tng Timothy
Freehold NJ,
Route 33,
3 3 Freehold,
at 1017
I 0 7 Route
located at
1:34pm and
and concluded
concluded at
at
The
at approximately
approx¡mately 1:34pm
began at
Brown began
(4) page typed
statement of
of Christine
Christine Brown
typed statement
four (4)
The four
dated
Christine
of
Brown,
the
statement
refer
to
details
For
incident.
dated
without
Brown,
Christine
of
statement
the
to
2:07pm,
refer
For
details
approximately
incident.
approx¡mat€þ'i:07prn,'without
2015 at
October
at 1:34pm.
l.3{pm.
16, 2015
October 16,
continue.
Investigation
to continue.
Investigation to
Reporting
Detective
Reporting Detective
BOZZA JR.
DANIEL
JR.
J BO7,ZA
DANTEL J
Reporting
Signature
Detective Signature
Reporting Detective
,6
Tàæe
ç6
“Date-of
Rcport
Date of Report
10/23/2015
tot23t20l5
'
Supervisor
Signature
Supervisor Signature
‘£6
4Æ/# råó
Prosecutor's
Prosecutor's File
File 0009
0009
3:15-cv-08043-BF_§_M-TJB
Filed 08/04/16 Page 11 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1046
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GH5-00172
GENERAL
lroN
CENERAL lNVl;'$'ll(i/“TON
4. Case
Case Agency(s)
Agency(s)
4.
Gl l5'00172
5.
5. Crirne
C¡ime
REVIEW
POLICY
FOLICYREVIEW
6.
6. N.J.S.
N.J.S.
__.
of
I
3.
#
is Gavel
Gavel #
3. Pruiuis
2. Unit File Hfl
1
1.
L Unit
Page
l
_
__
7.
Ru 1¢rr1u:-it-I:)_tate
Date
15:19
09/05/2015
09/05/2015 l6:19
Time
Time
8.lncident Date & Tirne
lime
7
9.
Crl¡ne
of Crime
Loc¡tion of
9. Location
STATE HIGHWAY
NJ 07731;
0773I;
7 STATE
HOWELL, NJ
10
NJ HOWELL,
#33, HOWELL,
HOWELL, NJ
HiGHWAY #33,
IO IIT
10.
Crime:
Incident I/ Crime:
10. Person
Reporting Incident
Person Reporting
Suspect(s)
Suspect(s)
12.
Info(s):
Person Info(s):
12. Person
14.
Victim(s):
14, Victim(s):
15.
Info(s):
Person Info(s):
I 5, Person
11.
I l.
Add.rese(s):
-
13.
13, Address(s);
16.
Addrcss(s):
ló, Address(s):
—
I
17.
Property:
/ Missing Property:
17. Stolen
Stolen /Missing
_
I8. Weapon
Weapon Used:
\\lìii\ll\l
Meyer
Christy Meyer,
with Christy
môt with
and II met
weisbrot and
Brian Weisbrot
On October
ç 2015,
Detective Brian
:00pm, Detective
at aPproximately 55:00pm,
z0 5 at
On
October I5,
of
The
New
of this
in
Jersey.
purpose
The
puqpose
this
Office
Freehold,
Prosecutor's
ew
Jersey
N
Monmouth
the
at
DOB
County Prosecutor's OfIice tn Freehold,
at the Monm outh County
DOB
at
occurred
that
Priediane,
incident
the
Priediane,
at
occurred
that
from
regarding
Meyer regarding the incident
Christy Meyer
st¿tEment from Christy
meeting
typed statement
to take
take aa typed
tvâs to
meeting was
20 5
5 2015.
September 5,
on September
Harden, on
located
Timothy Harden,
n vol ng Timothy
NJ involving
Freehold, NJ,
33, Freehold,
Route 33,
located at
at 1017
I 0 I 7 Route
I
—
approximately
and concluded
5:19 pm
at
pm- and
concluded at
at upproxiruatcly
spproximately-.s:J9
The
began at
Meyer began
typed statement
of Christy
Christy Meyer
statement of
pagetyped
four (4) page
The four
dated
of
Mcycr,
Christy
statement
the
to the statement of Christy Mcyer, datcd
refeito
áetails refer
For details
5:45pm, without incident.
incident. For
approximately
approximâtel'V'Sr¿lp*,'*ithout
2015
at
October
5:19pm.
15,
October 15, 2015 at 5:l9pm.
Investigation
to continue.
continue.
Investigation to
Reponing
Detective
Reporling Detective
DANIEL
JR.
BOZZA JR.
DANIELJJ BOZZA
Reporting
Dctcctive Signature
Signature
Reporting Detective
Brute
ltr'porl
ol {:‘p(>rl_
I)ate oI'
,6
&&a"a
10/23/2015
r 0/2Jl20 I 5
Supervisor Signature
Signarure
r@¡lÉwa
/xgetefl 5,, Em
,.,
Prosecutor's
Prosecutor's File
File 0010
0010
Filed 08/04/16 Page 12 of 100 PageID:
M-TJB
Page D: 1047
Case 3:15-cv-08043-BRM-TJB Document 62-1 Filed
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4.
4. Case
Case Agency(s)
Agency(s)
'
5.
5. Crime
Crime
’"
T
N..l.S.
6.
6,N
"
POLICY REVIEW
REVIEW
'
'
't_ed Date
& Time
Date &
Reported
7. Repoi
09/05/2015
t6 19
0910s12015 16:19
‘
Date &
8.1ncident
& Time
Time
8.Incídent Datc
g
9. Location of
Cri¡ne
of Crime
1017
NJ 07731;
07731;
HOTilELL, NJ
NJ HOWELL,
#33, HOWELL,
HOWELL, NJ
STATE HIGHWAY
HIGHWAY #33,
101? STATE
10.
Crime:
Incident // Crime:
Reporting Incident
I 0, Person
Person Reporting
Info(s):
‘
.
1l.Suspect(s)
I l. Suspect(s)
12.
12. Person
Person Info(s):
13.Address(s):
13. Address(s)
14.
Victim(s):
14. Victim(s):
15.
Person Info(s):
Info(s):
15. Person
16.
Addrcss(s)r
16, Address(s):
U
I
I
_
I8. Weapon
Weapon Used:
Uscd:
17.
Property:
Missing Property:
I7. Stolen
Stolen // Missing
\ \t,lR \ I l\
I
w¡th Tina
Tina Pinelli,
Pinelli, DOB
DOB
met with
October
and II met
On
w e sbrot and
Brian Weisbrot
5, 2015.
Detecti ve Brian
approximately 3:30pm,
3 :3Opm, Detective
20 5 at
at approximatelY
On Octo
ber 5
of
this
The
New
in
Office
purpose
Freehold,
The
purpose
of
this
Jersey.
Prosecutor’s
Monmouth
ersey
_ at
the
New
J
ln
Freehold,
County Prosec utor's Office
at the Monmouth County
occurred at
at Priediane,
Priediane,
that occurred
the incident
tncl dent that
Pine ili regarding
regard¡ ng the
meeting
from Tina
Tina Pinelli
take aa typed
ststement from
typed statement
meeting was
lvas to
to take
2015.
5,
on
5
5
Harden,
September
20
I
Route
Timothy
ber
I017
located
involv ng Timothy Harden, on Septem
NJ involving
at 0 I 7 Route 33,
Freehold, NJ,
3 J, Freehold,
located at
concluded at
at
pm and
The
a,09.pt
approximate$ 4:09
at approximately
began at
Pinetti began
Tina Pinelli
(6) page typed
of Tina
typed statement
statement of
The six
six (6)
lnq..oncluded
dated
Tina
of
Pinelli,
the
refer
statement
to
details
For
1 pm, without
approximately
+:5tpm,
incident. For details refer to the statement of Tina Pinelli, dated
without incident.
approximadty 4:5
2015
at
October
5,
4:09pm.
at
4:09pm.
5,2015
October
Investigation
to continue.
continue.
fnvestigation to
‘
Reporting
Detective
Reporting Detective
JR.
DANIEL
BOZZ.ATR.
DANIELJJ BOZZA
I
'Repor1ing
Signaturc
Dcteotive Signature
Reporting Detective
.é
Date
Report
Date of
of Report
1o/23/2015
t0l23l20ts
I
Supcn
Signature
Supcn isnr
isor Signature
Ivésee
Z
#34
tN-
Prosecutor's
Prosecutor's File
File 0011
0011
- - - RM-TJB Document 62-1 Filed 08/04/16 Page 13 of 100 PagelD: 1048
Utut Ftieit .l it
LUnil
EENERALINVESTIGAQQNV fills-00171 fl fl
4 case
7 Reported oiehl'ime I Tune
513nm:
POLICY REVIEW
location
to I 7 STATE HIGHWAY m, HOWELL Nl HOWELL, amt.
lo Pet-run Rep-min; Incident lCrune~
ii.sitepeetli) |1 Person Inla[1)27
lti Amazssar
viaimia): 7 ineraunlntatr):
'13 Weapnn Used:
I Missing Huge";
On Monday, October 5. 20l5 at approximately am PM, Detective Daniel Bow onlte Monmouth County
Prosecutor's omoe Professional Responsibility and Bias Crime Bureau and i immicwcd und obtained a six
(6) page typewritten statem >>nt Tina Pinelli. 43 Webb Avenue Apt. 3. Ocean Grove. NJ 077% Don:
-- telephone number in to this inveslig . The statement was obtained at the
Monmouth County Prosecutor's Office ioeated in Freehold. NJ. Tina was a volunte=r participant at the music
fcskiul held at the Priedaine on the date oflh: incidenl. For additional information, please refer to the
statement.
On Thursday, October is, 2015 at apvroximalely 5119 PM. Detective Daniel noun at the Monmouth
County Prosecutor's omoe Prolessional Responsih ly and Bias Crime Bureau and interviewed and
obtained a four (4) page typewritten mlemem {mm Chriery Meyer, 43 Neil Avenue, Brick, NJ 08724, DOB:
- telephone number --in reference to this investigation. The statement was obtained at the
Monmouth Counly Prosecutor's omoe located in Freehold. NJ. Christy was working as the anl Gate
Managu at the music lestival held at the Pliedsin: on the date of the incident. For additional information,
please refer to the statement.
On Friday, @2le 16. ZOIS at npproximaldy 1:34 Detective Daniel Bola uflhe Munmoulh
Prosecutor's Office - meossionll Responsihilily and Bias Bum" Ind I inter 'ewed Md obtained A
four (4) page from Chrislillc Brown -- NJ 07753. Don.
-telephonc number--in reference in! 'i he statement was obtained at the
Monmouth County Prosecutor's Office located in Freehold. NJ. Christine was an attendee at the music
festival held at the Priedaine on the date at the incident For additional information. please reler lo the
shtment.
For detailed information pertaining to this investigation, please refer to the reports prepared by the
Monmouth Cnunly Prosecumr's omce -- Professional Responsibility and Bias Crime Bureau, case t1 Glts.
00172.
Wing further to inf-is lime. ,i 7 7A fie
iterating Dewitt: Deledive Sign-um Tuariernepou supervisor Signal":
unranwarseatrr a, w/r'dg'ac
Prosecutor's File 0012
RM-TJB
Case 3:15-cv-08043-BRM-TJB
Filed 08/04/16 Page 14 of 100 PageID:
Document 62-1 Filed
Page D: 1049
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is
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2.
2. UnitFile#
Unit File
cns-00172
Gl t5-00r 72
1.Unit
l. Unit
GENERAL INVI-2S'l‘I(iATlON
Page
Page
[of]
I of I
_
4.
Case Agency(s)
Agcncy(s)
4. Case
Reported
7.
Tirne
Date &
& Time
7. Reported Date
T
6. N.J.s.
5.
5, Crime
CrÍme
REVIEW
POLICY
POLICYREVIEW
9.
of
9. Loctlliun ol'l..'rime
1017
NJ 07731;
0773I;
NJ HOWELL,
HOWELL, NJ
#33, HOWELL,
HOWELL, NJ
HICHWAY #33,
1017 STATE
STATE HIGHWAY
8.lncidcnt Date &
& Time
Time
09/05/2015
16:19
09105120ti 15:19
10.
Crime:
Incident / Crime:
Reporting Incident/
Person Reporting
10. Person
Info(sl:_‘
Suspect(s)
Suspect(s)
12.
Person Info(s):
I 2. Person
13.
13. Address(s):
Address(s):
14.
14. Victim(s):
Victim(s):
l5.
Person Info(s):
Info(s):
15, Person
I6.
Address(s):
I 6. Address(s):
11.
ll.
18.
18. Weapon
Weapon Used:
17.
PropertY:
Missing Property:
Stolen // Missing
17. Stolen
\ \lti,l \ ll\
I
On October 5, 20l 5, at approximately 10:00am, I received a phone call from Priscilla Baker, from
Harden’s cell phone.
telephone numbcr— Ms. Baker informed me that she had located Timothy
the
bin
from
found
Souper Groove event.
Ms. Baker stated that she had found the cell phone in the lost and
Theresa Taylor. Ms.
sister
l-larden's
Ms. Baker added that when she was trying to return other items to Mr.
that
was in the bin. Ms.
Taylor had inquired about a cell phone that matched the description of the cell phone office
might need the
Baker stated that she returned the other belongings to Ms. Taylor, but thought that our
her
of
possession and it
cellphone. Ms. Baker indicated that the cell phone has remained off during the timeBaker
informed me that
Ms.
was placed in a small plastic bag. When asked to come retrieve the cell phone,
until
home
be
6:30pm.
would
not
she
and
that
her
house
the cell phone was located at
Baker's
to Ms.
Ms. Baker’s
responded to
and II responded
On
Newman and
Daniel Newman
approximately 6:20pm,
Detective Daniel
6:20pm, Detective
at approximately
date, at
On the
the same
same date,
the
home
in
invited
by
were
the
we
at
Ms.
Street, Tinton
door, we were invited in the home by Ms.
NJ, Once
Once at the door,
home,
Falls, NJ.
Tinton Falls,
Peach-Street,
located at
at 77
77 Peach
home, located
small
in
a
cell
plastic
with
wrapped
a
plastic
small
me
Baker
in
a
phone
wrapped
Ms.
phone
husband
a
cell
her
and
with
provided
me
Baker
Mahajan.
provided
Jeffery
Baker
Mahajan.
Ms.
Jeffery
Baker and her husband
-BlueiMetallic
IMEI#
with
an
C650N
#
Model
IMEI#
Blue/Metallic
with
an
#
C650N
cell
was
a
Kyocera,
The
Model
Kyocera,
provided
phone
was
a
bag.
bag. The cell phone provided
011, nor
he noted
powered on,
nor
not powered
was not
phone was
cell phone
that the
the cell
0l40l600268l‘)48
noted that
It should
should be
case. It
btue case.
rubber blue
*¡Ur au rubber
0l¡0160026tíg+g with
removed
to
all
and
were
battery
removed
to
backing
The
all
were
made.
battery
and
cover,
the
cellphone
on
backing
to
cellphone
phone
were
power the phone on made. The
attempts to power
were any attempts
fill
out
was
evidence
receipt
An
reinstalled.
out
then
properly
receipt
was
fill
and
prûperty
numbers
and
IMEI
Model
the
evidence
to
An
gain
gain access
access to tñe Moäel and IhriEI numbers and then reilrstalled.
phone was
cell phone
was
The cell
receipt. The
the receipt.
of the
provided aa copy of
and
was provided
Baker was
Bakcr, Ms.
Ms. Baker
and Ms.
Ms. Baker,
both myself
myself and
signed by
by both
ãnd signed
the
with
secured
property receipt.
receipt.
in an
an envelope
envelope with the property
secured in
property receipt,
receþt,
phone and property
cell phone
the cell
envelope containing
On
contain¡ng the
the envelupe
6:30pm, the
at approximately
approximately 6:30pm,
the same
same date,
dat€, at
On the
inside of the
located1nd
container, marked
#4, located inside of
PRU #4,
in
msrked PRU
storage contiãiner,
môunted storage
wall mounted
loôked wall
in aa locked
in
Office
Prosecutor’s
NJ'
Monmouth
Freehold, NJ.
the
in Freehold,
of
Unit
Office
County
Professional
Prosecutoros
County
the
Responsibility
of
Monmouth
Unit
Professional Responsibility
were
both secured
secured
were both
the
the cell
receipt
phone and
property receipt
and property
cell Ph9n9
containing the
On
:26pm, the envelope
2015, at approximately
envelope containing
approximately II :26pm,the
6,2015,at
Ocrober 6,
On ()cluber
l’rosccutor’s
Monmouth
County P¡osecufor's
and placed
marked PRU
the Monmouth county
placed in
in the
#4 and
PRU #4
storage container,
was
containei marlied
the storaþ
from the
removed from
was removed
15-0577-6-1.
#
item
with
marked
and
vault
evidence
main
Office
Office main evidence vault and marked with item # 15-A577-6-1.
continue.
Invest igation to
to continue.
J
Reporting"Dete*cEyo
Reporling Detectivo
DANIEL
BOZZA JR.
JR.
DANIELJJ BOZZA
>
Reporting
Signature
Reporting Detective Signature
@fut"a
vs
ofRepor1
Date
Date of Repol
I0/09/2015
I0/09/2015
Supervisor
Signaturt
Supervisor Signature
'-
* ''v
$ filfilf
\&-D 4þþ
Prosecutor's
Prosecutor's File
File 0013
0013
Filed 08/04/16 Page 15 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:1 -cv-0 043-BR_M-TJB Document 62-1 Filed
Page D: 1050
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Page
I o{l
I
2.
File
2. Unit
Unit Filefl
Gll5-00172
clt5-00172
1.
I. Unit
Unit
_GENl3_.RAL INVESTIGATION
4.
Agency(s)
4, Case Agency(s)
rs
__
6.
6. N.1."s.
5.
5. Crime
#
_
7.
Time
& Time
Date &
7. Reported
Reported Date
Q
POLICY REVIEW
REVIEW
9. Location
Looation of Crime
9.
0773
1017
NJ HOWELL,
NJ 07731;
HOWELL, NJ
HOWELL, NJ
#33 HOWELL,
HIGHWA Y #33.
STATE HIGHWAY
01 7 STATE
_
09/O5/201516219
091051201516:19
_V
8.Incident Date
Time
Date &
& Time
.
”_
_
Reporting
Crime:
Incident // Crime:
Person Reporting Incident
10, Person
11.
I I. Suspect(s)
Suspect(s)
12.
Info(s)
Person Inf‘o(s):
12. Person
13.
13, Address(s):
Address(s)
14.
14. Victim(s):
Viotim(s)l
15.
Info(s):
Person Info(s):
15. Person
16.
Address(s):
16, Address(s):
I8. Weapon
Weapon Used:
17.
Properly:
Missing Property:
I ?. Stolen
Stolcn // Missing
\\lili\il\ì
provide
D..epartment provide
Police Department
about September
Township Police
2015, I requested
On
Howell Township
that the
the Howell
requested that
16,2015,I
September 16,
or abour
On or
or attempted
scene
utilized
on
either
that
were
masks
CIr
attempted
of
scene
on
different
utilized
the
show
either
which
were
of
the
that
types of masks
examples
mäsks, which show the different types
examples of the masks,
of
made
be
disc
telephone
audio
that
any
telephone
an
of
made
It
disc
be
utilized on
scene. It was
on scene.
to
requested that an audio
additionally requested
was additionally
be utilized
to be
Harden'
of Timothy
Timothy Harden.
grandrnother of
the grandmother
Dispatch and
conversations
Green, the
and Mary
Mary Green,
Townshipbispatch
Howell Township
between Howell
conversat¡ons between
of conversations
audio files
conversations
files of
(3).audio
three (3)
2015, 1 received
containing three
On or
disc containing
an audio
audiCI disc
received an
2!,2015,1
September 21,
about September
On
or about
of
the
four
received
also
examples
I
masks that
(4)
of
that
Green.
the masks
between the
Mary Green. I also received four (4) examples
and Mary
Dispatch and
Howell Township
Township Dispatch
the Howell
between
Two
blood.
from
(2)
Harden
(2)
spitting
Two
and stop
F.M'l‘s provided on
Howell Township
Timothy Flarden from spitting blood.
the Howell
stop Timothy
ro try and
scene to
on scene
Township EMTsiroviåed
rhe
ofthe
masks
masks
are
example
'Iúese two
two (2)
Particulate Respiiators.
N95 Particulate
(2) rnasks are example masks of the.Respirators. These
oftlte
as NgS
are identified
identifie¿ as
masks are
of the masks
on any Police
him
spitting blood
to
Police
in
Harden
blood on
an
stop
from.spitting
him from
attempt
that
on
mask
stop
to
was
Timothy
an
attempt
placed
Hardenin
original
original mask that was plac€d on Timotþ
was
one
Police
Howell
Department
the
was
one
from
Township
received
Department
that
Police
mask
third
was
The
Township
Oflicer
Howell
the
from
or
bystander. fn" *,¡ø mask thai was received
Ofñcer or bystander.
used
be
on
to
Timothy
mask
was
Timothy
rubber
used
on
clear
This
to
be
with
mask
attempted
mask
was
rubber
oxygen
clear
tubing.
oxygen mask with tubing. This clear rubber
clear n¡bbeioxygen
is aa hospital
Howell
mask. The
The Howell
him. The
surgical mask.
style surgical
on him.
hospital style
musk is
last mask
placed on
actually placeã
The last
Harden,
was never
never aotually
but was
Harden, but
utilized.
be
to
nor
attempted
utilized
on
not
to
be
utilizEd.
it
but
scene,
attempted
this
was
nor
on
mask,
provided this mask, but it was not utilized
Department þrovided
Township
Police Department
Township Police
attempted
into the
the main
main
placed into
and four
were then
then placed
(4) example
masks were
On
example masks
2015, the audio
four (4)
disc and
audio disc
September
er 23,
Z3,20l5,the
On Septemb
Office.
evidence
County Prosecutor’s
Prosecutor's Office.
the Monmouth
Monmouth County
vault at
at the
evidence vault
Investigation
continue.
to continue.
Investigation to
Reporting
Delective
Reporting Detective
JR.
DANIEL
BO7.ZATR,
DANIELJ.1 BOZZA
Signature
Reporting Detective
Oetective Signature
Tepòrting
.5
@fu"a
Date
Repoú
Date of
of Report
09/23/2015
09t2312015
Signature
Supervisor
Supcrvisor Signature
rlÆ4.È Brå¿6
/x£e£fl'_;_.,,;
Prosecutor's
Prosecutor's File
File 0014
0014
Filed 08/04/16 Page 16 of 100 PageID:
M TJB Document 62-1
62 1 Filed
Page D. 1051
Case 3:15-cv-08043-BRM-TJB
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Unit
2.
GENERAL INVI-.'STl('i/tTl0N
TION
4.
Agency(s)
4. Case Agency(s)
‘
Uut rm ##
Gl15-00I72
GI t5-00172
Page
loJl
~.():-.
l‘
.\..
J
Promis#
#
3.
3, Promis
_
__
7.
7
6.
5. Crime
6. N.J.S.
N.LS.
Crime
POLICY
REVIEW
POLTCY REVIEW
9.
Crime
of Crime
Localion of
9. Location
NJ 0773];
1017
HOWELL'NJ
0773I;
NJ HOWELL,
HOWEI,T,, NJ
#33, HOWELL,
STATE HICHWAY #33,
1OI7 STATEHIGHWAY
&. Time
Reported Date
Date &
l6:19
_09/05/Q15
09/05/2015 16:19
—8.Incidcnt
Dâte & Tirnc
LIilcidcnt Date
'
Crime:
10.
Incident // Crime:
Reporting Incident
10. Person
Pcrson Reporting
11.
Suspect(s)
I t. Suspect(s)
‘12.
Info(s):
Person Info(s):
12. Person
I4.
Victim(s):
14. Victim(s):
15.
Info(s):
I 5. Person
Person Info(s):
-l:«ddVl'9SS(5)§
I
13.
13, Address(s):
16.
16. Address(s):
Address(s):
18.
Usr:d:
18. Weapon
Wcapon Used:
I7.
Missing Property:
Propertyt
17. Stolen
Stolcn // Missing
\\lì¡ì\ll\l
met with
with Jeremy
Jeremy
and 1I met
Newman and
Ðaniel Newman
On
2015, at approximately
Detective Daniel
:00pm, Detective
approximately Il:00pm.
73,2015,at
Septemb eî 23,
On September
The
New
in
Freehold,
Jersey.
Office
Prosecutor’s
Jerscy.
The
New
Monmouth
Freehold,
the
in
at
Ofiìce
Couttty
DOB_
Proseculor's
Hoffman,
at ihe Monmouih Coúnty
Hoffman, DOB-
that
incident
the
Hoffman
tlrat
regarding
from
incidenl
the
statement
take
Jeremy
regard¡ng
a
this
of
to
was
l{offman
Jeremy
typed
r*tltlg ** to take a typed statemeni from
purpose of this meeting
Harden. on
5,
September 5,
on September
Route 33,
Freehold, NJ,
at [017
Tímothy Harden,
involving Timothy
occurred at
NJ, involving
33, Freehold,
I 0l 7 Route
located at
Priediane, located
at Priedianc,
äccincd
2015.
2A15.
concluded at
and concluded
at
of Jeremy
l:39 pm and
six (6)
at approximately
approximaæly 1:39
The
began at
HofTnran began
Jeremy Hoffman
(6) page typed
st¿tement of
typed statement
The six
dated
Hoffman,
of
the
statement
Jeremy
refer
to
datcd
details
l{offman'
2:27pm, without incident.
incident. For
Foi details refer tCI the statement of Jeremy
approximately
approximately'Z:ilpm,without
2015 at
September
at 1:39pm.
I:39pm.
23,2015
September 23,
Investigation
oontinue.
to continue.
Investigation to
Repo_r_t-i
ng Detective
Detectivc
Reponing
D.-XNIEL JJ BOZZA
JR
DÂI\IEL
BOZZA JR.
Reporting
Signarure
Delective Signature
Reporting Detective
@frq"6
"6
Date
of Report
RePort
Date of
09/23/2015
09n3n0ß
Supervisor
Signature
Supervisor Signature
1ã¿.
B6
Prosecutor's
Prosecutor's File
File 0015
0015
Filed 08/04/16 Page 17 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1052
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l.Unit
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(iliNiS!U\L INVESTIGATION
ÕN
INV
’R()Sl-‘('l"l'()R'.\()1-'1-l('F
.' {'7' /'I
Page
Page
I otl
.? rmis Gavel
Gavel if
__
Case Agency(s)
4.
Agency(s)
4. Casc
7. Reported
Time
Date at Time
Reported Date
?.
16:19
09/05/2015
16:19
09/05/2015
’
'
5,
5,
6. N_J.S.
N.J.S.
5. Crime
REVIEW
POLICY
POLICYREVIEW
of Crime
9.
Crime
L Location of
Nl 07731
A1731;;
1017
HOWELL' NJ
NJ HOWELL,
HOWELL, NJ
#33, HOWELL,
STATE IÛGIIWAY #33,
10r? STATEHIGHWAY
8.1ncident Date
Time
Dale &
& Time
_
_
10.
Incidcnt // Crime:
Crime:
ReportÍng Incident
Person Reporting
10. Person
11.
Suspect(s)
I l. Suspeot(s)
12.
Info(s):
12. Person
Person Info(s):
14.
Victim(s):
14. Victim(s):
15.
Info(s):
15. Person
Person 1nfo(s):
137.
Address(s):
13. I‘-ddfl‘-55(5):
16.
Addres(s):
16. Address(s):
-
18. Weapon Used:
Uscd:
17.
PropertY:
/ Missing Property:
17. Stolen
Stolen /Missing
\ \l{ll \ I l\
I
I
County
ôf the
Monmouth County
the Monmouth
Newman of
Dani EI Newman
Detective Daniel
On
9 :00am, Detective
September 23,
at approximately
approximstely 9:00am,
2A I 5 at
23, 2015,
0n September
Prosecutor’s
Monmouth
the
County
s
at
Prosecutor'
County
DOB-—.
with
the
Monmouth
and
I
at
met
Prosecutor’ss Office,
Edgar
Ryan Edgar,
Office, and I met with Ryan
Prosçcutor'
from
statement
Edgar
Ryan
take
a
Edgar
to
Ryan
typed
was
from
this
statement
of
The
meeting
tâke
typed
Office
p urpose of this meeti ng was to
Jersey The purpose
Freehold, New
New Jersey.
Offïce inn Freehold,
Timothy
involv tng Timothy
at 1017
N J, involving
J 3, Freehold,
Freehold, NJ,
Route 33,
incident
I 0 I 7 Route
located at
at Priediane,
Pried lâne, located
regarding
that occurred
occurred at
ident that
the tnc
regarding the
2015.
Harden,
5,2015.
September 5,
on September
Harden, on
DOB-N
at
concluded at
and concluded
of Ryan
9:45am and
statement of
approximately 9:45am
at approximately
The
began at
Edgar began
Ryan Edgar
(8) page typed
typed statement
eight (8)
The eight
dated
of
September
Edgar,
the
statement
Ryan
dated
September
to
refer
details refer to the statement of Ryan Edgar,
For details
incident. For
without incident.
approximately
ií:Ota., without
åpproximãtefy 11:08am,
9:45am.
2015
at
23,
23,2015 at 9l45am.
Investigation
to continue.
oontinue.
lnvestigation to
Reporting
Delectirc
Reporting Delecrixc
JR.
DANIELJ
BOLL.\,'R,
DANIEI,.I my/.'/...s.
'
Reporting
Signature
Dcfective Signature
Rcporting Detective
' .6
@fts¡"6,
Date
Report
Date of
ofReport
09/23/2015
09123120ls
‘Supervisor
Sígnature
Supcrvisor Signature
rdÆúþea
/’¢:9;Q¢__p¢,aé
Prosecutor's
0016
Prosecutor's File
File 0016
Filed 08/04/16 Page 18 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BR&TJB Document 62-1 Filed
Page D: 1053
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1.
l. Unit
Unit
GENERAL lNVl-LS' 'l(i/\'l'lt’)N
,
J_«‘._'
J,’ /‘I'
t'tlìii
l,'
i i /‘1
Page
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I
35 Gavel
Gavel ii#
__
_
4.
Agency(s)
Crse Agency(s)
4. Case
3."cR?e
5.
7.
Date &
& Time
7 Reported Date
09/05/2015
16:'19
0910512015 15:19
6.
6. N.J.S.
N.LS.
REVIEW
POLICY
POLICYRF,VIEW
9. Location
Crime
Location of
of Crime
O?73I;
1017
NT 07731;
HOWELL, NJ
NJ HOWELL,
#33, HOWELL,
HOWELL, NJ
1OI7 STATEHIGHWAY
STATE HIGHIfTAY #33,
8.Incident
Date &
& Time
S.Incident Date
IO.
Crimc:
Incidcnt // Crime:
Reporting Incident
Person Reporting
10. Person
11.
I t. Suspect(s)
Suspect(s)
12.
Info(s):
Person Info(s):
12. Person
"13.
Addrcss(s)l
I3. Addres:-1(5):
14.
Victim(s):
14, Victim(s):
15.
l‘o(s):
15. Person
Person In
Info(s):
16.
16. Addre-ss(s):
Addrcss(s):
18. Weapon Used:
Used:
17.
PropertY:
Missing Property:
Stolen // Missing
17. Stolen
\\l{ll\ll\r
met with
Benjamin
with Benjamin
and II met
Perez and
Rosendo Perez
Detective Rosendo
I :2Opm, Detective
September
ât approximately
approx imately 8:20pm,
2A I 5, at
22, 2015,
September 22,
The
New
in
Office
Freehold,
Jersey.
Prosecutor’s
Jersey
The
New
the
Monmouth
Freehold,
at
Bleefeld,
County Prosecutor' Offrce tn
at the Monmouth County
DOB T,
Bleefeld, DOB
E
that
incident
the
Bleefeld
from
regarding
ident
that
tnc
the
statement
Benjamin
to take
take aa typed
typed statement from Benjamin B eefe ld regarding
was to
of this
th ts meeting
meet ing was
purpose
purpose of
on
5,
Harden,
September
ptember
Timothy
on
Se
NJ,
occurred
involving Timothy Harden,
Freeho ld, NJ involving
33 , Freehold,
Route 33,
located at
ât 1017
1 0 I 7 Route
at Priediane,
Priedi ane, located
occu rred at
On
On
S
2015.
2015.
at approxim-ately.8:25pm
concluded at
at
Bleefcld began
and concluded
approximately 8:25pm and
The
began at
(6) page typed
Benjamin Bleefeld
of Benjamin
statement of
typed statement
The six
six (6)
dated
of
Blccfeld,
the
statement
refer
Benjamin
to
dated
details
Bleefeld,
For
incident.
Benjamin
without
g:îSprn,
of
to
the
søtement
refer
details
9:15pm,
For
without incident.
approximately
approximatàli
2015 at
at 8:25pm.
8:25pm.
September
22,2ALS
September 22,
Investigation
to continue.
continue.
Investigation to
Reporting Detective
Dctcctive
Reporting
JR.
DANIEL J BOZZA
BOZZ,A¡R.
DANTELJ
l)etecli\Ie Signature
Reporting.
Signature
Reponin g l)ctqctive
r3i °5
Q,&"t
'
of Report
Date
Date oFReport
09/23/2015
09n3n0rs
Supervisor
Signature
Supcrvisor Signature
,(Æfi**aa
/;(.ee;t2¢,.-—'
=t=£36
Prosecutor's
Prosecuto/s File
File 0017
0017
Filed 08/04/16 Page 19 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1054
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Page
Page
Iofl
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_
__
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Case Agency(s)
4.
Agcncy(s)
4, Case
7.
6.
6. N.J.S.
N.J.S.
5. Crime
Crime
5.
POLICY
REV¡EW
POLICY REVIEW
9.
9. Location of Crime
NJ HOWELL,
NJ 07731;
0773I;
HOWELL, NJ
1017
#33, HOWELL,
HOWELL, NJ
STATE HICHWÁY #33,
t0 I7 STATEHIGHWAY
.
_
8.lncident
Date &
& Time
ll.lncidenl Date
Time
Reported Date
Date &
& Time
09/05/20l5
16:19
A9ß512015 l6:l9
_.
_
I
10.
Crimc:
lncídent // Crime:
Reporting Incident
10, Person
Person Reporting
ll.
I l. Suspect(s)
Suspect(s)
12.
lnfo(s)l
Person lnfo(s):
12. Person
14.
Victim(s):
14, Victim(s):
I5.
Person lnfo(s)l
15. Person
lnfo(s).T-
13.
13. Address(s):
Addrcss(s):
I6.
ló. Address(s):
Address(s):
I8.
Weapon Used:
lE, Weapon
17.
PropertYl
Missing Property:
17, Stolen
Stolen I/ Missing
\\l.il(\ll\l
with Michael
Michae
met with
and I met
Rosendo Perez
Perez and
pm Detective
Detecti ve Rosendo
September 22, 2015. at approximately 6:155 pm,
The
New
in
Freehold,
Jersey.
Office
T he
Jersey
Prosecutor’s
New
County Prosecutor' $ offi ce n Freehold,
Johnstonc. DOB _at the Monmouth County
that
the
incident
Johnstone
Michael
th
regarding
the
ncident
at
from M ichae J o hnstone regard ng
statement from
typed statement
to take
take aå typed
vvas to
this meeting
meet¡ng was
purpos e of
of this
purpose
on
5,
Harden,
September
ptem
ber
5,
Timothy Harden on Se
rlvo v lng Timothy
N J involving
at Priediane,
J 3 Freehold,
Freehold, NJ,
occurred
Route 33,
I 0 I 7 Route
at 1017
located at
Pried IAn e, located
occurred at
On
2015.
2015.
pm and
concluded at
at
and concluded
approximately 6:40
Michael Johnstone
at approximately
began at
The
Johnstone began
typed statement
of Michael
pagetyped
statement of
The seven
seven (7) page
ÍÍ0
dated
Michael
Johnstone,
of
statement
the
dated
fer
to
Johnstone,
details
For
re
Michael
incident.
of
without
approximately
:ôOpm,ïithout incident. For detaits refer to the statement
approximatety'f8:00pm,
2015
at
6:40pm.
22,
at 6l40Pm.
September
22,2015
September
Investigation
to continue.
continue.
Investigation to
Reporting
Detcctive
Reporting Detective
DANIEL
JR.
BOZZA JR.
DANIEL JJ BOZZA
Reporting
Signahrre
Detective Signature
neporting Detective
,&
@72*"t
Date
of Repon
Report
Dâte of
o9/23/2015
091ßl2aß
Supervisor
Sígnature
Supervisor Signature
rå¿
/76__'e:Q¢F,,‘aé_
4Æh-*
Prosecutor's
Prosecutor's File
File 0018
0018
Filed 08/04/16 Page 20 of 100 PageID:
Page D: 1055
Case
3:15-cv-08043-BRM-TJB Document 62-1 Filed
JJB
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Unit‘
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L Unit
__{_il-2Nl:‘.RAl. INVI-lSTlGATlON
4.
Àgcncy(s)
Casc Agency(s)
4. Case
Page
I
of
I
3.
#
Promis Gavel *4
3. Promis
7.
&. Time
Time
Date &
7 Reported
Rcported Date
J
a
6.
6. N..l.S.
N,J,S
5.
C¡i¡ne
5. Crime
REVIEW
POLICY
POLICYREVIEW
9. Location
of Crime
Crime
Location of
9.
NJ 07731:
07731i
NJ HOWELL,
HOWELL' NJ
1017
HOWELI,, NJ
#33, HOWELL,
HIGHWAY #33,
STATE HIGHWAY
l0l7 STATE
J-Blncident Date
Time
Ðate &
& Time
09/05/2015
6:1 9
a9t05n0 5 16:19
_
__
_
’
M
10.
Crimc:
Inoident // Crime:
Reporting Incident
Person Reporting
10. Person
11.
Suspect(s)
I 1. Suspect(s)
12.
lnfo(s);
Person lnfo(s):
12. Person
l3._Address(s):
13, Addrcss(s)l
14.
Victim(s):
14. Victim(s):
15.
Info(s):
15. Person
Person Info(s):
16.
t6. Address(s‘):
Address(s):
l8.
Wcapon llscd’
18, Weapon
17.
ProPertY:
/ Missing Property:
Stolsn /Missing
17. Stolen
\ \lil( \ l\
I
and II met
with Joseph
Joseph
met with
Wei sbrot and
Brian Weisbrot
Detective Brian
9:00am, Detective
approximâtely 9:00am,
at approximately
September
20 5, at
22, 20l5,
September 22,
New
in
Freehold,
Jersey.
Office
New
J
ersey The
The
Prosecutor's
Freehold,
Monmouth
tn
the
Office
at
—, at the Monmouth County
County Prosecutor'
Zimmennan,
DOBT,
Zimmerman DOB
that
incident
the
Zimmerman
that
regarding
ident
from
the
lnc
ing
regard
statement
Joseph
take
typed statement from Joseph Zimmerman
to take aa typed
was to
meet¡ng was
this meeting
of this
purpose of
5,
September 5
Harden. on
on September
Route
Timothy Harden.
1017
at
lnvo lving Timothy
located
NJ involving
occurred
at
Priediane,
Freehold, NJ,
3 Freehold,
Ro ute 333.
0
I
7
at
located
umed
al
Priediane,
occ
On
On
2015.
201 5.
concluded at
at
at approximately
and concluded
9.:29arn and
approxinrately 9:29am
began at
The
Zimmerman began
of Joseph
Joseph Zimmerman
statement of
(6) page typed
typed statement
six (6)
The six
dated
Zimmcnnan.
of
dated
stalemcnl
Joseph
the statement of Joseph Zirnmerman'
10:1 lam,
toihe
refer to
det¿ils refer
Êor details
incident. For
without incident.
approximately
lâm, without
approximatàfylO'l
9:29am.
2015
at
September
22, 201 5 at 9 29am.
September 22,
Investigation
continue.
to continue.
Investigation to
Reporting
Delective
Reporling Detective
J BOZZA JR.
DANIEL
DANIELJBOZZAJR.
Reporting
Signature
Dctective Signature
neponñg Detective
' ,£
q6
oi‘§e—pori
D2116
Datc'ol'RePort
09/23/2015
09l23lzltl5
Supervisor
Signature
Supervisor Signature‘
/£&£¢_F_:#‘
4æ/l*t;l.r-S :
Prosecutor's
Prosecutor's File
File 0019
0019
Filed 08/04/16 Page 21 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BBM-TJB Document 62-1 Filed
Page D: 1056
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4.
Agency(s)
Casc Agency(s)
4. Case
__
’
_fl
_
7.
& Time
Date &
7. Reported Date
6.
ó. N.J.S.
N.I.S.
5.
5. Crime
[of]
I of I
Props
iv
3.
ls
3.
2. Unit Filc #I
‘
Page
Page
POLICY
REVIEW
POLICY REVIEW
9. Location of
of Crime
Crime
07731;
NJ 07731;
1017
HOWELI,' NJ
NT HOWELL,
#33, HOWELL,
HOWELL, NJ
HIGHWAY #33,
STATE HIGHWAY
TOI? STATE
_
09/05/2015
L619
0910512015 16:19_
__
Bjncident Date &
& Time
Time
10.
Crime:
Incident // Crime:
Reporting Incident
Person Reporting
10. Person
Address(_s_):
Suspect(s)
Suspect(s)
12.
Info(s):
12. Person
Percon Info(s):
l3.
I3. Addrcss(s):
14.
14. Victim(s):
Victim(s):
15.
Info(s):
15. Person
Person Info(s)'.
I6.
Addrcss(s)
16, Address(s):
k
11.
I l.
18.
l7.
PropertY:
Missing Property:
17. Stolen
Stolen // Missing
Weapon Used:
Used:
\\l{ll\ll\l
wirh Joseph
J oseph
met with
and II met
Newman and
Daniel Newman
On
Detective Daniel
21, 2015,
5 :45pm Detective
åt approximately
approximate ly 5:45pm,
I 5, at
On September
SentemberZl.20
The purpose
New
in
Jersey.
Freehold,
Office
The
Prosecutor’s
Jersey
New
the
Monmouth
at
Wocio.
County Prosecutor' s Ofïice tn Freehold,
wocro. DOB
at the Monmouth County
uuÞ _.
r.
occurred at
at
that occurred
nc ident that
the incident
regarding the
w octo regarding
of
from Joseph
Joseph Wocio
meeting was
statement from
typed statement
take aa typed
to take
was to
of this
this meeting
2015.
5,
on
September
20
1
5
Harden,
5
Timothy
NJ , involving
involving Timotþ Harden, on September
Priediane,
Route 33,
F reehold, NJ,
33 t Freehold,
at 1017
i 0 I 7 Route
located at
Priediane, located
and concluded
at
rJ/ocio hogan
concluded at
6:06pm and
at approximately
approximately 6:06pm
bcgan at
The
Joseph Wocio
(7) page typed statement
of Joseph
statement of
seven (7)pagetyped
The seven
dated
of
Wocio,
September
the
Joseph
refer to
details rcfur
to the statement
without incident.
stâtement of Joseph Wocio, dated September
For àetails
incident. For
approximately
O:f*,ïithout
approximatety'i7:03pm,
2015
at
21,
6:06pm.
21,2015 at 6:06pm.
to continue.
Investigation
continue.
Investigation to
Reporting
Deteotivc
Rep,orting Detective
JR.
DANIEL
BOZ;ZAJRDANIELJJ nozz».
Reporting
Signature
Detcctive Signature
Re¡nrting Detective
,6
Date
Report
of Report
Þate of
09/23/2015
a9n3noß
Sup—cr\isur
Signature
Supcn isor Signature
/(‘£2z
â6
4,, ad,
Prosecutor's
Prosecutor's File
File 0020
0020
Case 3:15-cv-08043-BRM-TJB
MJJB
Filed 08/04/16 Page 22 of 100 PageID:
Document 62-1 Filed
Page D: 1057
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G115-00172
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3.
I
Prom Gave! It
3, Promis
2.
Unit
1.
l.Unit
GENERALL INVESTIGATION
TION
4.
Agency(s)
4. Case Agency(s)
___t_
__
__7
I
75.5. Crime
6.
6. N.J.S.
N.J.S.
7.
1
Time
Reported Date &
& Time
8.[ncident
& Time
Timc
S.Incident Date &
NJ 0773Ii
07731;
HOWELL,
HOWÞLL'N'
10.
Crime:
Incidcnt / Crime:
Reporting Incidentl
I0. Person
Person Reporting
Address(s):
T
Suspect(s)
12.
Info(s):
Person Info(s):
12, Person
13.
13. Address(s)
14.
14. Victim(s):
Victim(s);
15.
Info(s)l
15. Person
Person Info(s):
16.
16. Address(s):
Address(s):
Suspect(s)
’
'
9. Location
C¡ime
of Crime
Location of
9,
1017
N'
HOWELI,, NJ
#33, HOWELL,
HIOHWAY #33,
STATE HIGHWAY
IOl? STATE
11.
ll.
V
09/05/2015
16:19
0910512015 16:19
POLICY
REVIEW
POLICY REVIEW
I
Page
[of]
I of I
::ìl'tit .,__.,.
.., ., it!
t;..':
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17.
Missing Property:
Property:
17. Stolen
Stolcn I/ Mising
I8.
Weapon Used:
18. Weapon
\\l{l{\ll\l
Ladue,
with Philip
Phil rp Ladue,
met with
and II met
Perez and
Rosendo Perez
tembcr 22 I , 2015,
5am Detective
Detective Rosendo
On Sc
0: I Sam,
at approximately
approximately 10:1
20 5, at
On
Scptember
this
of
The
New
th s
Jersey.
of
purpose
in
Freehold,
The
Office
Prosecutor’s
New
Jersey
Monmouth
Freehold,
¡n
at the
County Prosecutor' s Ofüce
the Monmouth County
occurred
at
Priediane,
that
incident
the
ianeo
Pried
occurred
at
Ladue
that
from
regarding
incident
the
statement
tng
take
Philip
meeting
typed statement from Phi ip Ladue regard
was to
to take aa typed
meeting was
{ 2015.
20 5
Septembe r 5.
on September
Harden, on
Freehold, NJ,
located
Timothy Harden,
nvolving Timothy
NJ involving
Route 33,
33 Freehold,
0 I 7 Route
at 1017
located at
DOBh
ooelat
concluded
at approximately 10:31am
a¡d concluded
l0:31 am and
The five
began-at
Ladue began
Philip Ladue
of Philip
(5) page typed
typed statement
statement of
The
five (5)
dated
of
Ladue,
the
statement
Philip
refer
to
details
For
PhilipLadue,dated
without incident. Fordetailirefertoihestatementof
at 11:15am,
f f :fSam,withoutincident.
approximateiyát
2015 at
September
at 10:31am.
10:3lam'
21,2015
September 21,
approximately
approximately
to continue.
Investigation
continue.
Investigation to
Reporting
Dctectivc
Reporting Detective
BOZZA JR.
DANIEL
DANIEL JJBOT'ZAJR.
Reporting
S¡gnatute
Detective Signature
Reporting Detective
°6
@14""
Date
Report
of Report
Date of
09/21/2015
09l2lnaß
1
Supervisor Signature
Signarure
-SupeÑisor
/zccei
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rlL#/i-#
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Prosecutor's
File 0021
0021
Filed 08/04/16 Page 23 of 100 PageID:
-TJB Document 62-1 Filed
Page D: 1058
Case 3:15-cv-08043-BRM-TJB
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6. N.J.S.
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Crime
POLICY
POLICY REVIEW
REVIEW
of Crime
9.
Crime
I¡cation of
9. Location
0773Ii
NJ 07731;
[017
HOWELL, NJ
NJ HOWELL,
HOWELL, NJ
#33, HOWELL,
IOIT STATEHIGHWAY
STÀTE HiGHWAY #33,
Reported Date
& Time
Time
Date &
"
8.Incident
& Time
Tirnc
Date &
S.Incident Date
'
09/05/2015
l6tl9
09/0512015 16:19
_
_
_
Crime:
l0.
Reporting Incident
Incident // Crimel
10. Person
Person Rcporting
-
Suspcct(s)
Suspcct(s)
I2.
lnfo(s):
Person Info(s):
12, Person
14.
Victim(s):
14. Victim(s):
15.
Info(s):
15. Person
Person Info(s):
11.
ll.
I
18.
t8.
17.
PruPertY:
Stolen // Missing
Missing Property:
17. Stolen
\ \ .il{ \ Il\
_
13.
Address(s):
13. Address(s):
I6.
Address(s):
16. Address(s):
Weapon Used:
Used:
I
Casey Emilius,
Em l USt
Detective
wt th Casey
met with
and II met
Percz and
ve Rosendo
Rosendo Perez
On
5 :20pm, Detecti
at approximately
approximate ly 5:20pm,
September I7,
20 I 5, at
I 7 2015,
On September
of
The
New
this
Jersey. The purpose of this
Ofäce in
ln Freehold,
Freehold, New Jersey
DOB — at the
Prosecutor' s Office
County Prosecutor’s
the Monmouth
Monmouth County
at Priediane,
occurred
that
incident
the
at
o
Priediane,
Emilius
occurred
that
from
regarding
nc
ident
the
statement
take
Casey
a
regardin
to
lius
¿t
meeting
typed state ment from Casey Em
was to take typed
meeting was
5, 2015.
20 l 5.
Septem ber 5.
on September
Route 33,
NJ,t involving
Harden, on
located
Timothy Harden,
tnvo lving Timothy
Freehold, NJ
33, Freehold,
at 1017
I 0 I 7 Route
located at
noglat
concluded at
at
and concluded
approximately 5:22pm
5:22pm and
at âpproximately
The
began at
Emilius begun
of Casey
Casey Emilius
(6) page typed
statement of
typed statement
six (6)
The six
dated
of
Emilius,
September
state.-ntent
Casey
the
dated
September
refer
to
details
Emilius,
For
of
Casey
incident.
6:20pm, without incident. Fór details refer to thc statcmcrrt
approximately
approximatà ry^A:ãApm,w¡thout
2015
at
17,
5:22pm.
at5:22pm.
17,2015
Investigation
continue.
to continue.
fnvestigation to
Reporting
Detective
Reporting Detective
N
JR.
DANIELJBOZZA
DANIEI,J TOZZAIR,
Reporting
Signature
l.rctecllve Signature
Reporting Detective
S ,5
@fu"e
of Report
Date
Report
Date of
09/21/2015
09ntn0ß
‘
Supervisor
Sign¡ture
Supervisor Signature
4,e./iÈ
/‘flea Z dflaé
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Prosecutor's
Prosecutor's File
File 0022
0022
Filed 08/04/16 Page 24 of 100 PageID:
0359 3:15-cv-08043-BRM-TJB
3I15-CV-08043-BRM-I.J_B Document 62-1 Filed
Page D: 1059
Case
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6.
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) of I
Rt:[)cIrIt:(l Date && Time
Time
09/05/2015
1ó:19
091051201 5 16:19
POLICY
REVIDW
POLICY REVIEW
ofCrime
9.
Crime
9. Location of
0773 l;
NJ 07731;
NJ HOWELL,
HOWELL, NJ
1017
HOWELL, NJ
#33, HOWELL,
STATE HIGHW AY #33,
t0l 7 STATEHIGHWAY
_
_
8.Incident
Time
Date & Time
S.Incidcnt Date
_
_
—
10. Person Repoiting
Crime:
Incident // Crime:
Reporting Incident
10, Person
I
ll.
Suspcct(s)
I 1. Suspccl(s)
12.
Info(s):
Person lnfo(s):
12. Person
13.
Address(s):
13. Address(s):
14.
Victim(s)
14. Victim(s):
15.
Info(s):
Pqson lnfo(s):
15. Person
16.
Add¡ess(s):
16. Address(s):
_
_
_
18. Weapon Used:
Used:
17.
PropcrtYi
Missing Property:
Stolen / Missing
I 7. Stolcnl
\\l{lt\ll\l
r
County
Monm outh County
the Monmouth
of the
Perez of
Rosend o Perez
Detective Rosendo
On
3 r40pm, Detective
approx¡mately 3:40pm,
at approximately
20 5" at
7 2015,
On September
September 17,
Prosecutor’s
Monmouth
the
County
at
Prosecutor' s
DOB-—
County
Monmouth
the
at
with
Mahajan,
l
met
and
Prosecutor’s
Jeffrey Mahajan, DOBo ffìce, and met with Jeffrey
Prosecutor' Office,
the
statement
regarding
the
conduct
a
regarding
to
typed
was
statement
this
of
meeting
The
to
conduct
ryped
Office
purpose o f th ts meeting was
Jersey The purpose
N ew Jersey.
Freehold, New
OffTce inn Freehold,
Harden.
Timothy
involving
Freehold.
Harden.
NJ,
33.
Route
Timothy
[0
7
I
incident
at 0 7 Route 3 3. F reeho ld NJ lnvo lving
located at
Priediane, located
at Priediane,
lnc ident at
at
conclucled at
and concluded
3:46pm and
begun at
approximately 3:46pm
statement of
at approximately
Jeffrey Muhajan
The
Mahajan began
of Jeffrey
(6) page typed
typed statement
six (6)
The six
2015
dated
17,
September
2015
17,
of
Mahajan,
Septenrber
dated
the
statement
Jeffrey
to tñe sratJment oiieffrey Mahajan,
without incident.
Re-fer to
incident. Refer
approximately
4:5lpm, without
approximately 4:51pm,
at
details.
for complete
complete details.
3:46pm for
at 3:46pm
Investigation
continue.
to continue.
lnvestigation to
Reporting
Detective
Reporting Detective
DANIEL
JR.
BOZZA JR.
DANIEL JJ BOZZA
Reporting
Signature
Detcctive Signature
Reporting Detective
Wr"o
Report
Date
ofReport
Date of
09/21/2015
û9ntn0L5
7
Supervisor
Signarure
Supervisor Signature‘.
tat’.
r{Æ/ -*øa
nc=e.4.a¢_,=»*+-
Prosecutor's
File 0023
0023
Prosecuto/s File
Filed 08/04/16 Page 25 of 100 PageID:
M-TJB Document 62-1 Filed
Page D: 1060
Case 3:15-cv-08043-BRM-TJB
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2. Unit:
0115-00172
cIt 5-00 172
'
INVESTIGATION
(JEN!-.l{Al. INVESTIGA
G
4. Case Agency(s)
Page
Page
I
oll
Pros vel
3. Pmmis
‘
_
1
_
‘"
Time
7. Rcported Date
Date & Time
7.
Reported
‘
6. NJ.S.
.s.
5.
5, Crime
Crirne
REVIEW
POLICY
POLICYREVIEW
9.
9. Location of Crime
NJ 07731;
07731;
#33, HOWELL,
[017
HOWELL' NJ
NJ HOWELL,
HOWELL, NJ
HIOHWAY#33,
IOIT STATE
S'I'ATE HIGHWAY
Person
8.Incident
Time
S.Incident Date
Date &
& Time
09/05/2015
16:19
09/05/2015 16:19
—
10.
Crime:
Incident // Crime:
Reporting Incident
10. Person Reporting
Address(s-):
ll.
Suspect(s)
I l. Suspect(s)
12.
Info(s);
12, Person
Person Info(s):
13.
13, Address(s):
14.
Victim(s):
14. Victim(s):
-15.
Person Info(s):
Info(s):
15. Person
16.
16, Address(s):
Address(s):
18.
tE, Weapon Used:
17.
PropertY:
Missing Property:
Stolen // Missing
17. Stolen
\ \l{l{ \ I l\
‘
I
with John
John A.
Bree,
A. Bree,
and II met
met wirh
Weisbrot and
Brian Weisbrot
Detecti ve Brian
On
9:45am, Detective
at approximately
approximately 9:45am,
September 17,
I 7 2015,
2 0 I 5, at
On September
of
The
New
purPose of this
this
ersey The purpose
Freehold, New JJersey.
tn Freehold,
Office in
County Prosecutor’s
DOB _ at
Prosecutor' s Office
Monmouth CounÇ
the Monmouth
aÎ the
Route
1017
33,
located
at
Route
33
at
Priediane,
incident
I
01
7
at
the
looated
riediane,
statement
at
P
conduct
incident
regarding
to
meeting
typçd statement regarding the
was to cond uct a& typed
meeting was
Freehold,
Harden
Timothy Harden.
involving Timothy
NJ, involving
Freehold, NJ,
DOBN
concluded at
at
and concluded
pruxilnalcly9:47am
9:47-ant and
approximately
at ap
began at
Bree began
The
A, Bree
typed statement
John A.
of John
statement of
(7) page
pagetyped
seven (7)
The seven
2015
dated
17,
A.
John
September
Bree,
f
17,2015
Septembet
statement
0
the
dated
to
Refer
Bree,
without incident.
incident. Refer to the statement oiJohn A.
approximately
irizl"*, ïithout
approximatefi 11:29am,
9:47am for
at
complete details.
details.
for complete
at9:47am
Investigation
continue.
to continue.
lnvestigation to
Reporting
Detcctirc
Reportiog Deleclixc
__H
F
JR.
DANII-‘.l.
llozz-\.lR.
DANlIit, .1J no7.7..\
7
Z
Si gnature
Reporting
Detcctivc Signature
Rcporting Detective
S .6
@fu"a
Date
of Report
Report
Date of
09/21r2o1s
09Dtnali
MSu_pervEor
Signature
Supcrvisor Signature
1€/lrÆ/F
/’(£%_:._:g‘aé'
Prosecutor's
Prosecutor's File
File 0024
0024
Filed 08/04/16 Page 26 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1061
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5.
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Críme
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3.
3. Promis
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5-00t 72
I.
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Page
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__
7.
& Time
Tin¡e
Date &
7. Reported
Reported Date
09/05/2015
ß:19
09l05DAß 16:19
T
POLICY
REVIEW
POL¡CY REVIEW
9. Location
of Crime
C¡imc
l¡cation of
NJ 07731;
NJ HOWELL,
07731;
IOI 7 STATE
HOWELL'NJ
HOWELL,NJ
#33, HOWELL,
HIOHWAY #33,
srATE HIGHWAY
l0t7
8.lncident Date
& Time
Time
Date &
>_'
_
I0.
Cri¡ne:
Incidenl //Crime:
Reporting Incident
Pcrson Reporting
I 0. Person
ll.
Suspect(s)
I l. Suspect(s)
I2.
lnlo(s):
Person lnfo(s):
12. Person
I-3.3, Address(s):
Addrcss(s):
I4.
Victim(s):
14. Victim(s):
I5.
Info(s):
15. Person
Pcrson lnfo(s):
I6.
ló. Address(s):
Address(s):
I
l7.TStolen
Missing Property:
ProPcrtY:
17. Stolen // Missing
I8.
18.
Weapon Used:
Uæd:
\\lÌli\ll\l
of the
Tom Connors
Police
Township Police
Howell Township
the Howell
Connors of
On
Leonard Tom
Captain Leonard
with Captain
met with
10, 2015,
2015, II met
September 10,
Thursday, September
On Thursday,
I
that
Connors
advise
to
I
Captain
that
was
Connors
this
meeting was to advise Captain
purpoie of
of this.meeting
The purpose
function. The
Department Internal Affairs function.
Department'lnternalAffairs
Tecum
Duces
with
a
Service
Tecum
Subpoena
(EMS) with a Subpoena Duces
needed
to serve
Meclical Service (EMS)
Emeigency Medical
Township Emergency
l-lowell Township
t¡e llowcll
serve the
needcd to
this
matter.
regarding
regârding this matter.
met with
w¡th
subsequently met
and subsequently
Township Police
Department, and
Police Department,
II then
Howell Township
of the
the Howell
Kudrick of
with ChiefAndrew
Chief Andrew Kudrick
met with
then met
office.
his
in
Coordinator
EMS
Doyle,
oflice'
Howell
the
Township EMS Coordinator Peggy
Peggy Doyle, in his
the HowellTownship
of EMS
records of
EMS
all records
and all
for any and
matter for
this matter
regardirrg this
Tecum regarding
Duces Tecum
Doyle
with aa Subpoena
prov¡ded with
Subpoena Duces
was provided
Doyle was
Howell
in
20 5,
5,
on
September
in
Howell
I-larden,
of
5,2015,
Timothy
on
Seplernber
assistance/tretttnient
mediialassistance/treatmeniof Timothy Harden,
pËrtaining to
to the
the medical
response
resionse pertaining
v5'7"
Report - V5.7”
Care Report
titled “Prehospital
over a
(4) page document
"Prehospital Care
document titled
four (4)
a four
Township,
She turned
tumed over
Jersey. She
New Jersey.
Township, New
15166865.
PCR#0I
and
5—397l5
#201
Incident #2015-39715 and PCR#o115166865.
Harden. Timothy,
reference
Timothy,Incident
patient Harden,
to patient
refcrence to
—
review.
for review.
The
file for
the file
in the
included in
were included
documents were
The aforementioned
afiorementioned documents
Rcporti
_1tg Detective
Detect¡ve
Rcporting
A
K
/ .g-~
141-!
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ROCCO
ROCCO SANTORSOI
SANTORS()1.'l
L
‘Date
Report
olRcport
Date of
-Reporting
Signature
Deteclive Signature
Rc¡x'¡ ¡¡g Detective
mots
o9/1
09lltn0l5
Supervisor
Signuture
Supervisor Signature
tâà
4Æ B4,
/1€952, ;
-
.
_
.
.,
_
,
,A___
.
..
._
.
_.
Prosecutor's
Prosecutor's File
File 0025
0025
Filed 08/04/16 Page 27 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1062
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7.
& Time
Date &
?. Reported
Reported Date
6.
6. N.J.S.
5.
5 Crime
8.lncident
t Date
Date &
& Timc
8.
09/05/2015
l6t9
09105t20t5 i6:l9
POLICY
REVIEW
POLICY REVIEW
9.
of Crime
9. Location
Location of
07731:
HIGHWAY #33.
N I 07731;
NJ HOWELL,
HOWELL, NJ
I017
#33. HOWELL,
HOWELL' NJ
I OI7 STATE
STATP HICHWAY
10.
Crimel
lncident I/ Crime:
Pcrson Reporting
Reporting incident
10. Person
Suspect(s)
12.
lnlo(s):
Person lnfo(s):
12. Person
13.
13. Addressts):
Address(s):
l4.
Victlm(s):
14. Victim(s):
l5.
lnfo(s):
Person lnfo(s):
15. Person
l6.
ló. Address(s)‘.
Address(s)l
'
11.
I l.
Suspect(s)
I8.
18.
I7.
PropertY:
Missing Property:
17. Stolen
Stolen // Missing
\ \tit{ \ I l\
Weapon Used:
Used
I
Ricciardi and
Melissa
with Melissa
Detective Pamela
met with
and II met
g, Z0l
Pamela Ricciardi
2()l5.
On
6:30pm, Detective
i, at
at approximately
approximately 6:30pm,
September 8.
On September
this
of
The
meeting was
Oflice.
purpose
DOB-—. at the Monmouth County Prosecutor’.-;
Sievwright.
si;;;iiDoB._'.uttl'.tulon'nouthbountyProsecutor'soffice.Thepurposeofthismeetingwas
Harden'
Tirnothy Harden.
to obtain
on Timothy
information on
background information
obtain background
to
little over
over aa
dated for
for aa little
b.ut dated
up, but
broken up.
currently broken
she were
were currently
Ms.
and she
Harden and
Timothy Harden
that Timothy
repofted that
Sievwright reported
Ms. Sievwright
their
for
on
the
that the cause
and
cause for their on and
Ms. Sievwright
indicated.that
ol'l'again. Ms.
Sievwright indicated
was always
Their relaionship
relationship was
and-offagåin.
on and
ul*uyr on
year-ir.'iir
year.
be
would
Harden
Mr.
healthy
that
be
healthy
She
would
Ha.rden
reported
t!a¡.Mr.
Hardctfs
drinking problem. .S.he reported
offagain
was Mr.
Mr. Flarden's drinking-probtem,
relationship was
åf .g"in relationship
would last
money or
or
that would
out of
of moncy
ran out
alcohol binge
he ran
until he
last until
then
o11 an alcohol
weeks
and
four
three
binge that
to
for
and
go on;;
ãnd
then
weeks
good
tó
four
three
and óo¿ for
for
the
would
to
he
sober
gym
for
Harden
was
go
to
the
Mr.
when
would
that
he
added
happened. Ms.
something
Sievwrigtrt ãdded that when Mr. Harden was sober
Ms. Sicvwright
bad happened.
somi¡hing bad
and not
not eat
eat
sleep and
not sleep
would not
he would
binge he
an alcohol
alcohol binge
was in
in an
and
eat
healthy.
hours
he was
when he
three
really
However, when
three hours and eat really healthy. However.
l~larden‘s
Mr.
to
has
access
she
that
Mr'
Harden's
Ms. Sievwright
reported that she has acoess to
have the
Sievwright reported
if
get any food.
food. Ms.
to get
móney to
the money
not have
he did
did not
if he
4,
Septembe¡ 4,
on September
that on
additionallyreported
Ms.
Sievwright
account.
monitor
the
would
addhionally reported that
and
Ms.
Sievwrlght
bank
account
bank account and woutd mónitoi the account.
event.
at the
he
that
was
time
the
event'
out
he
was
at
the
taken
during
that
time
not
did
the
she
see
but
during
out
money
tãken
Harden
any
Mr.
paid, but she did not see
2015, Mr. Harden got paid,
2015,
Ms'
2l 2015. Ms.
August 21,
on August
slïEd on
that started
binge that
week binge
two week
on aa two
was on
Ms.
Mr. Harden
Harden was
that Mr.
reported that
Sievwright reported
'2015'about
Ms. Sievwright
that
and
2015
argued
they
about
24,
argued
about
they
that
and
or
home
her
on
August
at
24,2015
Harden
August
was
Mr.
stated that
Sievwright
thai Mr. Harden was at her home on or about
Sievwright statJd
text message on
August
or about
about August
on or
to Mr. l-larden
by text
spoke l?
l-larden by
event.
festival
the
last-spok.
to
him
Sievwright last
Ms. Sicvwright
event. Ms.
going
the
festival
to
ñir àoiñg
Yi.
Ms.
Sicvwright
worst
the
binge
yet.
yet.
was
Ms.
Sievwright
this
that
felt
binge
She
binge
worst
about their
and talked about
relationship. în. f"n itrrt this binge was the
their relationship.
25,
iOli""n¿t"U,u¿
il, 2015
accessed his
stated that she
his bank
bank
she accessed
binge. She
number because
Harden’s
She stated.that
Mr.
this binge.
blocked
she
of this
that
becausc of
number
Harden's
Mr.
reported
,rp*rO that she btocked
broke
he
then
Wednesday,
was
by
and
20):?
by
wednesday,
broke
28,
on Friday,
that he
Augtlst 28,ialS and then he was
Friday, August
gotten paid
paid on
account and
he had
had gotten
and noticed
noticed that
acoounr
Brothers,
Hardcn’s supervisor
at Toll
Toll Brothers,
learned
supervisor at
through Mr. Hardcn's
Ms.
eventually
20l
5.
learied_thrãugh.Mr.
Sicvwright
2,
September
ieptember Z,z0lS, Ms. Sievwr-ight eventually
this binge,
Prior
to
home.
j
sent
and
was
drunk and was sent home' Prior to this binge,
August 31,
20¡ drunk
I--larden showed
3 t, 2015
on hugust
work on
up to work
Scott,
showed ui-to
rhat Mr.
Mr. Harden
Scott, that
that
reported
Ms.
Mr'
Sievwright repoded that Mr.
binge in
July. Ms. Sievwright
in July.
had one
mid-May and
Harden had
one binge
thcn another
i¡lother binge
Mr. Harden
and then
¡n miO-uay
uinse i11
Mr,
would
do
he
itself
to do
drugs,
drugs,
he
would
do
to
do
if
the
presented
itself
the
presented
opportunity
while
at
festival,
but
opportunity
Harden
prefened alcohol,
atcohoÏ, but while ai the festival, if the
iar¿en preferred
them.
them.
Counselíng in
ln
from Markell
Markel I Counseling
Ed d te from
named Eddie
therapist named
was seeing
seerng aa therapist
Ms.
that Mr.
Mr Harden
H arden was
added that
Sievwright added
M s Sievwright
went
on
Harden
Mr.
Fridays
that
\rye
nt
on
Fridays
She
abuse.
Harden
coho]
Mr
reported
al
his
that
with
dea I with his co hol abuse S h e reported
to help
he lp deal
Morganville,
Jersey to
New Jersey
Morganvi le, New
other
Mr Harden,
with Mr.
tssues with
health issues
other health
of
before
l(I1ow ofany
times
four
not know
d id not
about
sh e did
they broke
went
and
broke up. She
be
fore
s
about four time
and
Reporting
Reporring Detective
DANIEL
JÍl.
J BOZZA
BOZ7.A JR.
DANIEL J
Signature
Reporting
Detsct¡ve Signature
Reporting Detective
' ,6
.
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Drte of
of Report
Report
09/I0/2015
09/r0/20r5
Supervisor
Signahrre
Supervisor Signature
teâ
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(_6Q=Q¢f__,__.,,,Bé_
Prosecutor's
Prosecutor's File
File 0026
0026
Filed 08/04/16 Page 28 of 100 PageID:
l.vLTJB Document 62-1
62 1 Filed
Page D. 1063
Case 3:15-cv-08043-BRM-TJB
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his afïns
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feel hisiarms.
not feel
could not
he could
her that
that he
te I her
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he wou
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the alcohol,
a lcoho t, he
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that Mr.
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most of his ife and reported that
for most
problem for
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had an
Ms.
has had
Harden has
believed that Mr Harden
Ms. Sievwright
Sievwright believedthatMr.
abuse.
alcohol
from
50
died
at
Harden’s
father had died at 50 f¡om alcohol abuse.
Harden's fatherhad
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.__...;:a
‘
‘—
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—
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then moved
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shc then
and she
t 3'2014
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June I3.
dating on
startecl dating
h¡¡d stztrted
Ms.
Harden had
reported that
and Mr.
Mr. Harden
that she
shc and
Sievwright reportecl
Ms. Sievwrip,ht
l:larden
never
Mr.
that
She
never
I{arden
New
reported
lvft'
that
Garwood, Ncw Jersey.
Jemey. She reported
Brtmeh on Scptember
to
September I, ?.(ll4,
frorn Garwood,
2014, from
Long Branclùn
to Long
house he
would
llarden
was
he would
ll‘Mr.
her house
often.
at her
staying at
over
not staying
was not
but
I'tardón
the
Mr.
just
If
into
stay
moved
oflen.
wouldjust
over
home,
str¡y
would
moved into the lrome, but
well
he
was
Harden
Mr.
doing
when
that
well
he
added
doing
was
his grandmother’s
Sievwright addccl that when Mr. l-lanleu
Ms. Sievwright
Belmar. Ms.
house in
in Belmar.
grandmot¡er,s house
stay
at his
stay at
he
drinking'
was drinking.
if he was
stay if
welcome to
let him
him stay
not let
would not
was
she would
but she
her, but
stay with
with her,
to stay
was welcome
into
would get into
stated he
he was
when he
he wotrld
She stated
drinking. She
annoying, when
was drinking.
Ms.
as annoying
Harden as
Mr. Harden
desoribed .Mr.
ñievwright described
Ms. Sievwright
intense.
would
so
get so intense'
that she
She reported
because hc would get
of him becausehe
scared ofhim
be searetl
shõ would
would he
reporred thai
childísh. She
very childish.
act vcry
your face
and act
face and
alien.
Ms.
human or
alien' Ms'
really hurnan
ol an
was really
if she was
asked ifshe
One
and asked
iievwright and
to Ms.
Ms. Sicvwright
close to
Flarden got close
time Mr.
Mr. Harden
lnhis
One time
which
would
hallueinate,
was
sponsor said
he
sâid was
his
which
Harden
withdrawing
waiwithdrawing he would hatlucinate,
Sicvwright
Mr. Harden was
thãt when
when Mr.
rcported that
Sicvwrighr reported
that
he
her
told
l-rlnrden
Mr.
where
time
he
described
told
her
that
a
then
Harden
to experience.
someone to
Sievwright then described a time where Mr.
Ms. Sievwright
experience. Ms.
typical
fi. someon"
typical for
that the
her that
the
told her
Ms.
Harden told
beer
reported thatMr.
Sievwright reported
that Mr. Harden
control
can.
a
was
the
remote
Ms. Sievwright
can.
a
beer
thought
was
control
tirãught the remote
hallucinations
him.
for him.
were scary for
hallucinations were
to say
want to
not want
did not
she did
said she
she said
beoause she
Ms.
statement, because
formal statement,
provide aa formal
Sievwright did
to provide
did not
not want
want to
Ms. Sievwright
Harden
on
Mr.
about
pâper.
anythingnegative
anything negative about Mr. Harden on paper.
Investigation
to Continue.
Continue.
Investigation to
Reporting
Detective
Reporting Detective
_
JR.
DANIEL
BOZZA,IR.
DANIEL JJ BOZZA
_
Reporting
Signature
Dctective Signature
Reporting Detective
g 79.6
@fu"6
Date
Report
of Report
Dato of
09/10/2015
09/10¿015
Supervisor Signature
Supcrvisor Signature
/‘£5952
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m6
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Prosecutor's
Prosecuto/s File
File 0027
0027
Filed 08/04/16 Page 29 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1064
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6.N.J.S.
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Rulportell Date
Dãfe 3!. Time
09/05/20151a:19
091051281516:19
REVIEW
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0773
HOWBLL, NJ
NJ HOWELL,
1017
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t33, HOWELL,
STA TE Htc¡.¡w A Y #33,
l0l 7 STATEHIGHWAY
l.8.lncident
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occurred
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at the
by security
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2015.
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investigation.
with taking
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lI was
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witnesses regarding
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fiom potential
formal statements
staternents from
was assigned
assist with
assignod to
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Pamela
Detective
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Ricciardi and
and
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of
this
the
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Prosesutor's
County
During
During thã course of this investigãtion Monmouth
from:
formal
statement
take
1I were
to
a
assigned
were assigned to take a formal statement from:
Patrick
Troy, 195 Riviera Drive, Brick NJ 08724, D.O.B T social security number
PatrickTroy,l95RivieraDrive,BrickNJa8724,D.o.BGsocialsecuritynumber
10 hours.
start
hours.
2110
time of
of 21
an ending
ending time
with an
hours, with
was 2000
2000 hours,
time of
his formal
formal statement
statement was
of his
start time
The
— The
of the
the Howell
Howell
II was
Antunez of
Christian Antunez
Sergeant Christian
with Detective
Detective Sergeant
formal statement
statement with
assigned to
was then
then assigned
to take
take aa formal
from:
Police
Department
Township
Township Police Department from:
I
-l'hc
Detective Brian
-tne
Brian
Office f)etective
II was
Prosecutor's Office
was then
with Monmouth
Monmouth County
statement with
formal statement
to take
take aa formal
then assigned
ass¡gned to
-County Prosecutor’s
number
security number
Priscilla
social security
D.O.B — social
Baker, 77
07725, 13.0.1;
Falls, NJ
NJ 07725,
Street, Tinton
Tinton Falls,
77 Pcaclt
Peaoh Slruut.
Prisci
la Baker,
hours.
of2300
time
with
an
2145
cmling
hours,
formal
230t
time
ofltt.-r
statement
was
of
start
cnding
lime
with
an
start time of her formal staternent was 2145 hours,
Weisbrot from:
Weisbrot
from:
social
number _
I
security number
Brian
social security
D.O.B I
08859, D.O.B
Parlin, NJ
NJ 08859,
Kenneth Avenue,
32 Kenneth
Avenue, Parlin,
Brian Toth,
Toth, 32
hours
0140
of
on
time
6,
September
with
2400
an
ending
hours
on
September
6,
was
his
formal
hours,
time
of
statement
0140
The
start
of
ending
time
Thc start time of his formal statement was 2400 hours, with an
should
be
it
is
2015,
September
5,
statement
formal
the
September
listed
September
it
should
be
noted
date
be
on
should
the
5,2015,
2015.
It
September
2015. It should be noted the date listed on the formal staternent is
2015, based
6,
on the
the time
time stamp.
stamp.
bascd on
6,2A15,
_
Daniel Bozza
Bozza and
andlI
Detective Daniel
On
Office Detective
2015, Monmouth
Prosecutor's Office
County Prosecutor’s
Monmouth County
23,2015,
Wednesday, September
September 23,
On Wednesday,
statements
to
from:
from
take formal
were _a_s_s_igt_1cd to take_formal
‘were
A
gnt»i.ture7
Reporti
ng>I‘)Ifem-.cth'
—eSiSignahrre
nçoning
etective
Reporting
Þelective
Reporting Detective
DANIEL
DANIEL NEWMAN
NETVMAN
L.
{J¿ÃA
M
T
‘Date
Report"
Date of
ofReport
10/08/2015
10/08/2015
_
_,
__
_
___
J
_____a_
_Supcrvisor
Signature
Supcrvisor SigTature
/
z :,,4,,a(_
råó
4Æ-4-*
_._.
Prosecutor's
Prosecutor's File
File 0029
0029
,
- - - -TJB Document 62-1 Filed 08/04/16 Page 31 of 100 PagelD: 1066
,1 "mm 1/
\mMImvm (m (ll'l'll'lf
Ema Pmmix 0mm
Ryan Edgar, social security numbey -
The sum time ofhis formal sutemcm was 096 hours. with an ending lime of [08 houls.
Jammy Hoffman--4 no.5 -- mm mm numbcr -
- The sum time ufhis rormnr Stan-men! was 1339 hours, with an cnding xime of1427 hours.
Joseph wm, .B -- mm murky number--
The sum lime cfhis formal was 1806 hours, with an ending time 0(1903 hours,
1
Copies oflhe aforementioned statements are attached 10 [his file.
Inveslignliun to continue.
REpming Ewan: 7 Du]: 'oTxmm-x' 7 SfimEml swan":
Mgra 1&4:
DANIEL NEWMAN
Prosecutor's File 0030
Filed 08/04/16 Page 32 of 100 PageID:
C ase 3:15-cv-08043-BRM-TJB
3215-cv 08043 BRM_TJB Document 62-1 Filed
Page D: 1067
Case
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(it-;NF.RAl. ri»I\1_r-,js_1;tg_:_p.'i"1oN
Case Agency(s)
4.
AgencY(s)
4. Case
l
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Gavcl #
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_
_
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one & Time
7.
?. Rcponed Date &
Reponed
6.
6. N.J.S.
N.J.S.
5.
5. Crime
REVIEW
POLICY
POLICYREVIEW
9. Location
l.ocption nt'(ir'nnt0773 tl
NJ 07731;
HO!trELL, NJ
NJ HOWELL,
1017
HOWELL, NJ
#33, HOWELL,
HTCI{WAY #33,
STA1E HIGHWAY
IOI? STATE
09/05/2015
16:19_
091051201516:19
8.Incident one &
ßL Time
S.Incident
_
Reporting.Tncident /—Crime:
10.
10. Person
Person Reporting Incident / Crime:
11.
11. Suspect(s)
Suspect(s)
12.
Info(s)l
Person Info(s):
12. Person
13.
Address(s):
13. Address(s):
l4.VVictim(s):
14. Victim(s):
15.
Info(s)l
Person Info(s):
t 5. Person
16.
Address(s):
16. Address(s):
Property:
18.
t8. Weapon Used:
17.
Missing ProPcriY:
Stolcn I/ Missing
17, Stolen
\\l(li\ll\l
which
death which
in-custodY death
an in-custody
au was
regafd rng an
not ified regarding
was notified
B ur€au
c nm€ Bure
Bias Crime
The
and Bias
Responsi bility and
The Professional
Professional Responsibility
Howell
Township,
#33,
State
Township,
Howell
1017
3,
Highway
cated at
Latvian S oc iety lo
at I 0 I 7 State HighwaY #3
located
occurred
J ersey Lawian Society,
New Jersey
Prieda lne, New
at the
the Priedaine,
occumed at
to
a
disorderly
disorderly
service
pertaining
(cF S)
S ) pertain lng to a
for servl ce (CF
callll for
9 I 1 ca
for aâ 911
This was
New
resu t of
of aa response for
as it result
was as
Jersey This
N ew Jersey.
event.
the
at
detained
by security
security ât the event.
being detain ed by
that was
was bemg
person that
Latvian Society,
New Jersey
sooioty'
Priedaine, New
the Priedaine,
Jersey Latvian
responded to
to the
approximately 5:30pm,
5:30pm,.II responded
On September
at appr.oximatety
5, 2015,
2015, at
september 5,
on
several
informed
l
by
was
arrival,
by
several
was
informcd
New
I
Upon
arrival,
Jersey.
upon
Howell
#33, Howeíl Township,
rownsrrip, Nåw Jersey.
located
Highway i$,
st"t" Hijú*uf
at 1017
r0r7 State
rocated at
to a 9
call
responded to-a
9l II call
members ofthc
t hat memb"tt
dcpartment responded
of ihe department
police
Police
Department
Howell
the
Township
of
members
ú;rû";;iúrat
members of the Howellrownship
DOB:
Harden,
Timothy
as
identified
DoB:
Harden'
ividual
was
Timothy
ind
as
disoiderly individual was identifïed
For
The disorderly
person. The
disorderiy p"tron.
for aa disorderly
service for
for service
and officers began to take
was strugg ling to restrain Mr. Harden
arrived
security
When
patrols
_
__w¡"" "t,ot*änivedsecuritywassirugglingtorestrainMr.Hardenandofficersbegantotske
liandcuffcd, but
was handcuffed,
but
eventually was
the päioåm."rs'
and eventually
control and
to resist
police officers‘ control
Mr. Harden
the scene.
i.ririil*
continued to
over
I{ardon continued
scene. Mr.
over the
I-larden‘s
of
Mr.
because
the
scene
Harden's
lied
to
of
Mr'
ca
were called to the scene because
combative. Howell
EMTs were
Township EMTs
would
Howeil Township
to be
be combative.
continue to
woüld continue
Mr'
scene' Mr.
on scene,
Howell
were on
Once
EMTs were
mouth.
his
around
Township EMTs
Howell Township
Once
he
and
bleeding
was
mouth.
his
extreme
behavior and he was bleeding around
extreme behavior
to
have
would
he
Harden
Mr.
have
to
he
would
determined that
was determincd
transpon Mr' t{arden
and itit was
to transport
that to
be combative
to be
continue to
Harden
combative and
would contínue
Harden would
before
but
they
the
sedation,
utilize
they
the doctor
to utilize the sedation, but before
doctor to
approval from
ALS Unit
from the
MONOC ALs
gotãpptãoul
had get
be sedated.
unit had
The MoNoc
sedared. The
be
Jersey
was
Harden
to Jersey
Mr.
transported to
then transported
was then
became
Harden
Harden
unresponsive.
Mr.
Mr.
could
sedation, Mr. HardeñU..äm" unresponsìve.
the sedation,
administer the
could administer
dead.
he
where
Center where he was
pronounced dead'
was pronounced
Shore
Medical Center
Uniu"rsity Medical
ihor. University
was volunteering
I larden was
Mr. I{ardcn
at
that Mr.
volunteering at
mined that
was deter
dctermined
it was
witnesses it
of potential
potential witnesses
' ‘hrough
sanvasses of
various eanvasses
Through various
John
wife
of
the
is
whom
John
of
Baker,
riscilla
the
wife
P
is
whom
owned
by Priscilla Baker,
over in
was owncd by
ttrat was
tent that
in aa tent
the
night over
the night
staycd the
and had
had stayed
cvent and
the event
the tent
of the
tent
Mr. Harden
inside of
remembered
seeing
she
I{arden inside
Hi:
it
seeing Mr.
stated
Halter
Mrs.
remembered
she
event.
ofthe
that
founder
stated
Mahujan
Mahajan aa founder of the evcni Mrs. Baker
the
indicated that
in the
stay in
not stay
Baker indicated
did not
that she
she did
the tent.
in the
was in
Mrs. Baker
tent. Mrs.
believe ânyone
not believe
else was
anyone else
the
did not
prior and
and did
night prior
the night
tent owned
by
owned by
the tent
for the
obtained aa Consent
Searoh for
to Search
else to
to ti"V
Consent to
for anyone else
stay in.
i". II obtained
had set
that she
set it
it up for
tent,
she had
tent, thât
the
of
Antunez
Christian
the
of
Antunez
Detective
if and
sergeant christian
witnessed Ly
by mysc
and Detective Sergeant
myrelf
signed and
prisoi[a
and witnesseá
Baker, which
Priscilla Baker,
was signod
which was
Prosecutor's
Office,
Monmouth
Office'
County
the Monrnouth County Proseoutorns
Louis Zuppa
of the
Zrpp" of
Police Ðepartment.
Department. Detective
D"t".ti;; Éuií
Howell Township
Township Police
Howell
only items
items
ofcvidcntiary
The only
items
I
value. The
no
and
rccovcrec
gakei
of evidentiary value.
Baker
Mrs.
items
owned by
ând recouorol'rro
and
by Mrs.
tent owned
the tent
searched the
and Ir searched
items.
loose
small
other
and
items'
some
loose
small
other
blan
chap-stick
small
ket; chap-stick and some
were a
of the
located
a small blanket;
tent were
the tent
inside of
located inside
—lieporting
betective
Tipotring Detective
BOZZA JR.
DANIEL JJBOT'7'AJR,
DANIEL
>Rep—o:.i
ng Detective
Signature
Detcctive Signature
Reportrng
‘'5
—_I
Date
RePort
of Report
Date of
09/['7/2015
09/17/2fl1s
Supervisor
S.ignature
Supervisor Signature
tå¿
,q{#./i:* taé.
ncse<2¢,.~—-re
Prosecutor's
Prosecutor's File
File 0031
0031
Pmmis Guveltt
i then secured from the scene and responded to the Howell Township Police Department.
0n same date at approximately 7:50pm, Brian Weisbmt of th: Monmouth County
Prosecutor's Office, and i took a typed statement from Brandon Keith Cruz, DOB: -- surrounding the
incident lhal had occurred involving Timothy Harden. It should be noled thal Cruz the sccurity worker
the! was punched in the fan: by 'l'imuthy Harden and is the for the Griffin Security ML
0111': six (6) page statement started at approximately 7:53pm and concluded at approximately 9:12pm. Mr.
Cruz's slalemem concluded William incidem. Refer the sulemenl of anlldan CHM, September
5,2015 at 7:53pm for complete details.
On the same date nl approximately 9:40pm. Detective Ruben onenzi, of the Howell Township Police
Department, and I lack is typed statement from John Russell Smidr lr., DOB: surrounding the
incident that had occurred involving Timothy Hntden. Mr. Smith is a per diem EMT with the Howell
Township Police Department and responded to the scene. Mr. Smith's five is) page statetnent started at
approximately 9:44pm and concluded at approximately 10:45pm. Mr. Smith's statement concluded without
incident. Refer to the statement ofiohn Russell Smith in, dated September 5, wt 5 at 9'44pm for complete
delsils.
0n the same date at appmximalely 11:40pm. Detective Pamela Ricciatdi ofthe Monmouth County
Pmsaculor's nmce, and arrived alqnar, Newlersey to make a death nolificalian
to Timothy Harden's next oflrin, Mary Green. DOE: lt should he noted that iI was requested that
a uniformed emcer from the Belmar ice Department he on scene during the notification. While notifying
Ms. Green osthe death of her grandson, Timothy Harden, Ms Green complained of chest pain. Ms. Green
indicated dtat she did not wish to go to the hospital. but did agree to let EMS personnel examine her in her
home. Ms, Green's vitals checked well and she again declined going to the hospital.
During the course cfthe meeting with Ms. Green, the stated that Mr. Harden her house on Thursday,
September3,2015, to go to the cvenL She stated that Mr. Harden was acting faraway heforc he left and was
complaining ora pain on his right side by his ribs. Ms. Green unaware ofany medicaliun that Mr. Harden
was taking. Sheaddod that his doctor was Dr. Bill Hayot in Ocean Township. Ms. Green stated that Mr.
Harden's girlfriend from Long Branch was sending him to some doctor every Friday, whom she thought was a
it should he noted that Ms. Green did not know Mr, Hardcn's girlfriend's name. Ms. Green
indicated that Mr. Hardcn's girlfriend kicked him out and and that is why he was living with
her. Ms Green reported that she thoaytt Mr. Harden was stoning to get bi-polnr like his mother. Sh: stated
that he would go on and on then would just want to he alone. Ms. Green also indicated that Mr. Harden-s
mother was Schizophrenic. She said that she wuuld tell Mr, Harden somcthing and he would hear iI
completely ditterent titan what she told him.
Ms. Green stated that Mr. Harden did not use steroids, but he did drink alcohol a lot. Ms. Green also
reported that she was unaware crany drug use hy Mr. Harden. Ms. Green stated that she thought that Mr.
Hardcn needed mental help and attempted to get him to go to Jersey Shore University Medical Center prior to
him leaving for the event. Mr. Harden refused to go and told his grandmothor that he did not have his
identification card his girlfriend had it. Ms. Green informed him that he lost his identification card a
ycnrago. Green informed as that Mr, Harden has a sis Theresa M. Harden Taylor. that lives in Brick,
pate oikepfi Supervisor sign-tote
departing lxtotaivc Retaining Detective'sigoatute
DANIEL liozu m. 09/I7/1Ill5
Prosecuior's File 0032
Case Document 62-1 Filed 08/04/16 Page 34 of 100 PagelD: 1069
I (ll
meis Gwen
Cue>>
Tdew' J'sEe'y'end slep sister. Melissa Barns, lives in New Egypl. New Jersey
I then enrnnelerl mick Township Police senreh rnl- Then: M. Harden
\c resnhs nl llre Mal eh prnvirled Dolls" and an ol -- Brick, NJ.
uriek 'l l'olicc dispaluhcil nn onieor to Ms, Taylor's home will wus guing lo have the
ne enll from Ms.
rhinily cull .ne mm: arrived. Appmxilnalcly ininules hirer. recciwd leiepho
'l aylur. Ms. 'l'aylnr informed pass of her hrolher, Harden. Ms. Taylor slalorl that Mr.
Harden Wu: reeling from a break up when he worn in lhe eoneen event. Ms. Taylor added the: she was
lo Mr, Harden via messag: lhe day prior. She also sutad Mr. Harden would drink, inn did not really
do drugs. bul she knew dings were pal-l orhis life. Ms. Taylor also ihat ier. Hardan Iliad lhe
opponllnity dc drugs al the evenl thal he would hav:
9:30am, I responded so |hc Medionl laxrnniner's
wick. NJ, for lhe ol Harden. 0n the
lcphune call Theresa M. llardcn Taylor. Ms. Taylor
was inquiring llbnul when the aulopsy would he Hiking piers and how she on gel her brother's body back. i
inslruoled Ms. Tnyiur le inl'nmr lhe funeral home that her brother is al the Middlesex ('nunly Medical
5 (mice and mm lhey will arrange for lhe transfer. Ms. Taylor lhen asked about had happened
lo because she was awakened from her sleep rind did run recull \vllal lnId in her she niglu
before. Ms. Taylor informed lhdi rhe Howell Township Poliee nerd responding in a call for servi in [he
oohcerl evenl for disorderly person nner Mr. llurden a security guurd eurnhelne.
Police arrived on scene and Mr. Harden became combative toward Ihe officers. EMS was callcd lo the seen:
and determined Mr. Harden would need to be sedated so he could be transported for medical mention.
MONOC was nlse on scene and had chained authority to adminisur the scdaiiorl; howevzr, Mr. Harden
unresponsive rind was lhen to Jersey Shore Universily Mediehl Ms, Tnylul' rhen
asked gave her hrud-lcr too much scdulion. I then clarified will! Ms. Taylor Illa! MONOC was unable to
give him 1h: sedation because he had becom: unresponsiv: bsfom Ihey adminislzred Ill: satiation.
0n Seprernher n, 20l5. in appraximulciy
umee. locnled mo Livingslon Ave,
53m: dale, al appmxilnnleiy imam. received 1:
Examine!'
lnvesrig ion (cl eonrinuc,
Repaninx Del-min; lispomng fieleelwesigh-lnr'e
DANIEL nnzz>>. m. Xfwme V9/I7l10l5 a:
Prosecutor's File 0033
Filed 08/04/16 Page 35 of 100 PageID:
C ase 3:15-cv-08043-BRM-TJB
3215-cv 08043 BRM_TJB Document 62-1 Filed
Page D: 1070
Case
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4. Case Agency(s)
Agency(s)
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DEATH
INVESTIGAÎION
DEATH INVESTIGATION
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'
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lS.lncidunIl):IIc&Time‘
& Time
nate&'I'IJF
i7.‘I'tep—orTed
Reported Date &
09/05/2015
14:52 0910512015 14:52
tl9!tI5I2(Il5 l4:52
l4:32
09/05/20I5
l6:15
09/05/2015 I6:l5
-
_
_
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9.
I.ocnIimIol‘Crimt
M
g
_
1-‘
07728i
I017
NJ 07728;
FREEHOLD. NJ
NJ.33 FREEHOLD.
IOIT NJ-33
Crime:
I0.
lncident I/ Crime
Reporting Incident
10, Person
Person Reporting
l:\dCll'€SS(5):
H
—
—
Person lnfo(s):
I2.
lnfo(s):
I 2, Person
ll.
Susp€ct(s)
I l. Suspectts)
E
—
—
I3.
I 3, Address(s):
’
_
Victim(s):
14. Victimts):
I).
I). HARDEN.
HARDEN.
TIMOTHY!
TIMOTHY J
‘HIS.
lnfo(s):
Pcrson lntbtsl:
15. Person
MALE:
sEX:MALET
Iooo,f DOB; sax;
I).
ssN: _
t). SSN:
RACE:
CAUCASIAN;
MCE: CAUCASIAN;
_
-
A
I7.
hoPertY:
Missing Property:
17. Stolen
Stolen // Missing
I8.
t8.
I6.
Address(s):
16. Addressts):
BAYVIEW AVE.
0?719
NJ' 0'I7I9
BELMAR. NJ.
AVE. BELMAR.
I). I201
l20l BAYVIEW
t),
Weapon Used:
\\l{l{\ll\l
CountY
Clancy of
of the
the Monmouth
Monmouth County
M ichaelClancY
Sgt' Michael
bY Sgt.
2015. this
assigned by
was assigned
detective was
this detective
On
5.2015.
SePtem ber 5.
Saturday, September
On Saturday.
had
been
Harden
Harden. Itl1 was
that Harden had been
learned that
was learned
Timothy Harden.
of Timothy
death of
Prosecutor‘s
the death
investigate the
to investigate
Office, to
Prosecutor's Office,
Latvian
prope rty,
Society Priedaine
Priedaine property,
Jersey Latvian Society
New Jersey
place at
the New
concert which
at the
taking place
was taking
which was
attending
multi-day concert
attending aa multi-day
Howell
Twp' Police
Police
that Howell Twp.
advised that
been advised
further been
Twp., NJ.
had further
NJ' II had
located
HowellTwp',
33, Howell
Highway 33,
State Highway
at l0l7
l0l7 State
located at
that
and
security
on
offìcers on
complaint. and that security officers
disorderly person complaint.
to aa disorderly
had been
due to
dispatched
area due
to the
the area
ispatched to
been d
Department
Department had
the
of
notification,
Harden, who
time of the notification,
at the
the time
was at
identified as
who was
TimothY Harden.
as Timothy
scene had detained the
the individual,
individual, identifìed
scene had detained
pronounced
deceased.
pronounced deceased.
officers of the Howell Twp.
met with
priedaine grounds.
several officers of the Howell rwp'
with several
and met
grounds. and
the Priedaine
to the
Therefore,
respond€d to
detective responded
this detective
Therefore, this
33.
was learned
officers
that Howell
Howell officers
learned that
It was
Route 33' It
to Route
adjacent to
located adjacent
area located
the area
Police
secured the
had secured
who had
Department who
Police Department
white male
of the
the white male
control of
maintain control
to maintain
attempting to
were attempting
who were
oflicers who
arrived
security officers
the security
and relieved
relieved the
scene and
on scene
arrived on
Police
Howell
Twp. Police
subsequently' Howell Twp'
and subsequently,
security officers
officers and
both security
resist¡ng both
consistently resisting
subject.
was consistently
who was
subject, who
the
in
handcuffing
successful
the subject.
subject'
officers
were
handcuffing
in
rwp. officers were successful
Howell Twp.
subsequentty, Howell
efforts. Subsequently.
Department
offioers, efforts.
Department officers’
Therefore,
medical
emergency medical
Officcrs' Therefore' emergency
Police Officers.
Twp' Police
Howell Twp.
with Howell
combâtive with
be combative
to be
However,
aontinugd to
Harden continued
However, Harden
behavior
extreme
continued
Harden‘s
behavior
to
extreme
Due
thereafter.
soon thereafter. Due to Harden's çont¡nued
arrived soon
and arrived
scene, and
to the
the scene,
sailed to
personnel
were called
personnet were
were
ALS were
MoNoc ALS
of MONOC
paramedics of
ambulance
in
question, paramedics
an
in question,
him
$/as in
and
safely in an ambulanoe was
abilityto
to transport
transport him safely
the ability
and the
received
and
for
Harden
transpon
received
sedate
and
to
transport
paramedics requested
approval to sedate Harden for
requested approval
summoned
well. Paramedics
as well.
anived as
and arrived
summoned and
Before
unresponsive' Before
of
became unresponsive.
Harden became
administration
the
sedative, Harden
the sedative.
to the adminisffation of the
that
prior to
However, prior
approval, However,
thal approval.
his
maintained
and
about.
his
and
maintained
and
moving
been
had been yelling
yelling and moving about'
Harden had
that Harden
iterated that
was iterated
becoming
unresponsive, itit was
becoming unresponsive,
in
I-larden
was
distress,
that
once it
officers. However,
was obvious
obvious that Harden was in distress'
it was
However, once
with officers.
to breatheand
communicate with
abilityto
breathe and communicate
abitity
Shore University Medical Center
to
Jersey
was transported
transported to Jersey shore university Medical center
he was
and he
commenced and
life-saving
immediatety commenced
efforts immediately
life-saving efforts
hours.
l6l4 hours.
at 1614
Yousef at
Dr. Yousef
by Dr.
where he was later pronounced
deceased by
pronounced deceased
where he was later
Office Professional
Responsibility Unit and
Professional Responsibility
of the
Proscculor's Office
County Prosecutor’s
Detective
Monmouth County
the Monmouth
Bozzaof
Daniel Bozza
Detective Daniel
investigation
conduct the investigation
well, to conductthe
as well,_to
the fairgrounds as
to the
resPonded to
unit, responded
same unit,
the same
of the
Sgt.
Santorso la of
Rocco Santorsola
sgl' Rocco
Unit and
Reportir-IE_Detective
Rcporting Detcctive
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Newman ofthesameunit
short time-later,‘
of the same unit
Det. Danie lNewman
i_ce custody?
‘regarding
time later, Det._Daniel
A short
police
custody. A
while in
in p—ol
death while
the death
regarding the
1:-
_
further details.
details.
reports for
for further
to their
their reports
refer to
responded
Please refer
assist. Please
to assist.
responded to
to
responded to
also responded
Bureau also
of the
Services Bureau
Technical Services
Det.
and Technical
Forensic and
Counfy Forensic
the Monmouth
Monmouth County
Zuppaof
Louis Zuppa
Det. Louis
Crimes
Office
Prosecutor’s
Major
Monmouth
County Prosecutor's Office Major Crimes
memorialize
of the
the Monmouth County
Brian Weisbrot
Weisbrot of
Det. Brian
scene, Det.
the scene.
memorialize the
well.
as
the
with
assist
investigation
to
Bureau
responded to assist with the investigation as well'
Bureau responded
is known
known to
to him.
him'
Harden is
Tirnothy Harden
that Timothy
was learned
tearned that
After
Mahajan, itit was
John Mahajan,
event coordinator,
coordinator, John
with event
speaking with
After speaking
located
which
on
was
in
tent
a
had
He
was
overnight
located
on
which
event.
Harden
stayed overnight ¡n a tenf
multi-day event. He had stayed
help out
out at
at the
the multi-day
to help
volunteered to
Harden volunteered
the
to
event
prior to the event
priscilla Baker,
Harden just prior
witnessed Hardenjust
she had
had witnessed
the
that she
indicated that
Baker, indicated
wife, Priscilla
grounds. Mahajan’s
Mahajan's wife,
the grounds.
with
a
could
investigators
and
Harden
with
a written
written fonnal
formal
with
Mr.
provide investigators
which
intervention with Mr. Harden and could provide
security intervention
precipitated security
which precipitated
and
after
Before
doing so.
so, and after
Headquarters. Before doing
Police Headquarters.
statement.
to Howell
Howell Police
respond to
to respond
was asked
asked to
she was
Therefore, she
statement. Therefore,
and
she
her
husband,
and
provided
she
provided
to
and signed
signed
in
belonged to she and her husband, she
confirming
had slept
slept in belonged
that Harden
Harden had
tent that
that the
the tent
confirming that
detectives
provide detectives with
with
that could provide
evidence thatcould
consent for
for any evidence
shelter for
investigators to
the temporary
temporary shelter
to search
search the
for investigators
conscnt
Detectives
Please
see
have
he
passed
away. Please see Detectives
information
why he may have passed away.
or why
manner or
in such
such aa manner
behaved in
Harden behaved
why Harden
information why
information.
fin-ther
for
and
Bozza‘s
rcpofts for further information.
Zuppa's reports
Bozza's and Zuppa‘s
'fwp, Police
Newman. obtained
obtained
with Det.
Det, Newman.
and with
Police Headquarters
HeadquaÉers and
to Howell
Howell Twp.
responded to
Subsequently,
detective responded
this detective
Subsequentty, this
Police
was
Howell
the
Department.
Twp.
is
was
who
Department.
Police
Patrick
by
from
employed
statement from Patrick Troy. Troy,
a
Troy, who is employed by the HowellTwp.
a formal
formalstatement
indicated
He
call.
initial
the
to
in his
his
responded to the initial call. He indicated in
identified as
that responded
Emergency Medical
Technician's that
Medical Technician’s
the Emergency
of the
as one
one of
identified
noted
he
that
Priedaine.
the
arriving,
at
Upon
intoxicated
he
noted
that
aniving,
to
Upon
he
an
that
sworn
dispatched to an intoxicated person at the Priedaine.
was dispatched
statement, that he was
sworn statement.
The
adult male.
male. The
an adult
as an
officers
described as
four
who was
was described
patient who
there
attempting
of the
the patient
were
gain control
control of
to gain
there were four officers âttempting to
that
continued
the
down
Troy
face
on
ground.
described
ground.
Troy
that
continued
as
identified
being
the
was
as
male
subsequently identified as Harden,
Harden, was described as being face down on
male subsequefrtly
officer
fourth
was
the
and
controlling
midsection, and the fiourth officer was controlling
two
his midsection,
one was
was at
at his
while one
his shoulders.
shoulders. while
hotding his
were holding
two officers
officers were
them
and
back
securing them
his
behind
on them
them securing
handcuffed
ties on
Harden
zip ties
had zip
feet. Harden was
feet had
his feet
the
was handcuffed behind his back and his
patient,s feet.
the patient’s
officers
the
at
blood
yelling
repeatedly
spitting blood at the officers repeatedly yelling
was spitting
and was
combative and
Harden as
as very combative
together.
Troy described
described Harden
together. Troy
and
provide
and
face
to provide
his
blood
had
He
attempting to
Troy
die.
partner were
were attempting
his partner
that
on his face and Troy and his
going to
to die. He had blood on
was going
he was
that he
behavior.
continued
Harden’s
due
to
medical
successft¡l due to Harden's cont¡nued behavior.
not successful
were not
patient. However.
they were
However. they
to the
the patient.
service to
medical service
summoned and
and
were summoned
paramedics were
behavior, paramedics
continued that
Harden's behavior.
of Harden’s
the extreme
extreme nature
nature of
because of the
Troy
that becauseof
Troy continued
of
efforts
officers
the
and
to
behavior and the efforts of offìcers to
Harden's behavior
arrived
details of
of Harden’s
scene. Troy’s
provided fitrther
further details
statement provided
Troy's statement
on scene.
arrived on
which
to
investigators.
in
his
which
description to investigators.
was explicit
explicit in his description
Troy was
on them.
them. Troy
blood on
keep
spitting blood
from spitting
Harden from
kcep Harden
indicated
further
He
to
restricted.
cont¡nued to
that Harden continued
Harden’s
time
indicated thatHarden
was
that
airway
at
further
indicated
no time was Harden's airway restricted. He
indicated that at no
breathe.
around.
move around.
yell. spit.
and move
spit, and
breathe, yell.
personnel
emergency personnel
Íansport, emergency
for transport,
provide aa sedative
sedative for
Once
to provide
sought authorization
authorization to
and sought
paramedics arrived
anived and
Once paramedics
thathe
was
immediately
indicated
placed on
on aa
Troy indicated that he was immediately placed
observed the
breathing. Troy
and stopped
stopped breathing.
catm and
patient became
became calm
the patient
observed
Howell EMTs
EMTs
with the
the Howell
and CPR
paramedic stayed
stayed with
A paramedic
commenced. A
CPR commenced.
stretcher,
removed. and
were removed.
his handcuffs
handcuffs were
stretcher, his
the
that
ambulance
so
the
drove
medical
to the
entire transport
Officer drove the ambulance so that the medical
Police Officer
Howell Police
hospital, and
and aa Howell
the hospital.
during
transport to
the entire
during the
the
turned
medical
to
over
was
Harden
the
to
the
Once
at
over
mcdical
turned
Harden.
of
was
hospital.
their
care of Harden. Once at the hospital. Harden
professionals
cont¡nue their care
could continue
professionals could
details.
there. Please
staff
for further
further details.
Troy for
of Patrick
Patrick Troy
statement of
the statement
sce the
Please see
staffthere.
o_l‘ Report
‘Supervisor Signature
ve Signature
Date
Signature
Dale
Reporting Dhetecti
Detective
Reporting Dcttrdive
.
PAMELARICCIARDI
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Document 62-1 Filed 08/04/16 Page 37 of 100 PagelD: 1072
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Soon the'reaher, undersigned then obtained a tormsl statement trom security amoer.
DanielCastitlo. Castillo had been requested to respond to Howell Twp. Police Headquarters to provide a
statement to detectives. Castillo indicated that he worked security for Grimn's Security. although he had not
been scheduled to work on September Castillo indicated that he received text from his boss that they
needed extra people at the event and was requested to respond. Therefore. Castillo responded and arrived at
approximately 1500 hours. He was directed to a specific location to park his car and teamed at that time that
there was a security situation that he was needed tor. He was directed Io where security guards were
attempting to subdue an adult male. He recognized one orthe other Griffin Security guards as Brandon Cruz.
When Cruz saw Castillo. he told him that he couldn't hold the individual dawn anymore and needed relisr.
Castillo then sat on the subject's arm and held his head down. At this time, Cruz remarked to be earerut atthe
blood that was an the subJect's tace as he was spitting blood. Castillo indicated that as he sat on his arm. he
held the subject's neclt and race to be positioned away iront him. He informed otncets that despite having all
oihis weighton the subject'sarrn. he was still able to liti Castillo up otrthe ground with one arm. Castillo
proceeded to remain in this position until the police arrived which he estimated to be approximately htiecn
minutes.
Castillo described the subject's behavior as completely out orcontrol. He was speaking. but was not making
any sense according to Castillo. He stated that he was soaking wet with sweat. crying. and apologizing to his
(uthetas well. Castillo continued that once the police arrived on scene. each oftlie security officers were
removad from detaining the individual. and the police took over. Castillo continued that one oftlle security
guards that he did not know remarked that the subject had been acting out all day.
Cnstillo remained at the scene for several minutes. He indicated that he observed as th: police took control of
the subject. During that time, Castillo indicated that he never witnessed the police strike the male or use any
weapons on him. Please refer to Castillo's stntement fur funlter details
Following the stateInEnI ofCastillo. Del. Bow and the undorsigncd traveled to the next ofkin's msidence to
make notification. Mary T. Glenn been idmlified as th: deceascd's grandmother. It was leflmed that she
lived at Theretore, these detectives met with uniformed ort'tcets ot the
neither Police Depanrnent. Officers were very familiar with Timothy Harden and his tamiiy. one to the
nature ofour visit. Belmar omcersoontacted Ms. Green's neighbor. Beth Rotchrord or--
to stay with her while officers spoke with her. EMS was also summoned to the rcsidence to check on her well-
being, however, Green declined treatment.
Mary Green continued that she was Timothy Harden-s grandmother and next ofkin. as his parents were
deceased. Green indicated that the last timc she saw her grandson was on Thursday. September 2, ml 5. She
stated that he had heen acting strange and complained atpain on the right side othis stomach. His doctor is
Dr. Hayet in Ocean, She believed Harden to he receiving care at the behest orhis previous
girltriertd with whom he used to live. However, she believed him to have stopped seeking counseling since
Harden and his girlfriend broke up she could not provide his girltriend's name. When questioned turther
with regard to problems. Green admitted that she believed him to he bipolar and indicated that
Reporting DetsZitre 7
PAMELARICCIARDI <Filed 08/04/16 Page 38 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
Page D: 1073
3:15-cv-080_43_-BRM-TJB Document 62-1 Filed
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he wanted
perceived
cond ition.
rh percei
for this
he lp for
Harden?
to seek
s€ek help
wanted him
h tm to
She
illness. S
mental illness.‘
from rnentid
suffered from
also suffered
mother also
Harden mother
I
s
and Ms.
stay with
w ith
to stay
agreed to
Rotch ford agreed
M s. Rotchford
Green was
information and
the information
but
for the
was thanked
thanked for
unsucc€ssful. Green
was unsuccessful.
she was
but she
Harden’s
better.
felt better.
she felt
unfil she
grandmother until
Harden's grandmother
Sievewright.
girlfriend, Melissa
Melissa Sievewright.
and the
g. 2015.
with Harden‘s
Harden's girlfriend.
met with
undersigncd met
the undersigned
Det. Bozza
Bozzaand
September
2015. Det.
Septernber 8.
of
her
knowledge
information
of Timothy
Timothy
and
regarding
knowledge
her
with
provide information regarding
investigalors and provide
Sievewrightagreed
to speak
speak with investigators
Sievewright agreed to
she
that
conftmted
and
Office
and
Prosecutor's Office and confirmed that she and
Harden.
County Prosecutor’s
Monmouth County
the Monmouth
to the
responded to
Sievewright responded
Harden. Sievewright
indicated
abuse.
Sievewright
alcohol
his
of
because
indicated
Sievewright
broken
had
abuse.
Harden
recentty because of his alcohol
They had broken up recently
dating. They
been dating.
had been
Harden had
but had also spent time
relationship'
their relationship.
I
during their
about
for
time apart
apart during
been
had
Harden
and
she
dating
that
that she and Harden had been dating for about I year. but had also spent
On
on
scared of him when he
and she
on drinking
would become
become scared of him when he
she would
binges and
drinking binges
would go on
Sievewright explained
that Harden
Harden would
exptained that
Sievewright
of money.
that when
when he
he
investigators that
informed investigators
She informed
money. She
did
he ran
ran out
out of
binge until
until he
to binge
would continue
continue to
He would
did so.
so, He
able
feel
his
be
to
not
would
and
hallucinate
would
he
discontinued
her that
that he would hallucinate and would not be able to feel his
to her
would explain
explain to
he would
drinking, he
discontinued drinking,
Harden
thought
occasion. Harden thought
one occasion.
On one
example. On
provided an
an example.
and provided
for him
him and
arms.
frightening for
was fiightening
that it
it was
told her
her that
He told
arms. He
indicated
about
Sievewright
asked
When
that
drugs, Sievewright indicated that
that
can. When asked about drugs.
beer can.
was aa beer
the television
television was
for the
control for
remote control
that the
the remote
alcohol.
to
addiction
was
his
really
well.
to
alcohol.
do
However,
would
was
really
he
as
addiction
if
drugs as well. However. his
were available,
available, he would do drugs
if they
they were
binges. She
She
have binges.
to have
him to
to get
he continued
continued to
however, he
addiction. however,
get help
for his
his addiction.
help for
Sievewright
convinced him
had convinced
Sievewright had
and
would
bank
account
online
his
to
had
she
and
would
access
because
account
bank
was binging
indicated
binging because she had âccess to his online
when he
he was
she knew
knew when
that she
indicated that
midst
that on
was in
he was
in the
the midst
occasion. he
bars
and
this occasion.
from
on this
deductions
was aware
aware that
the
She was
observe
sfores, She
liquors stores.
observe the deductions from bars and liquors
of
binge.
ofaa binge.
that
She indicated
indicated that
statement. She
investigators with
typewritten statement.
with aa typewritten
When
provide investigators
to provide
declined to
Sievewright declined
asked, Sievewright
When asked,
to
want
did
she
formally
speak
poorly
not
poorly
she didn’t
information, she did not want to formally speak
while
this information,
with this
providing detectives
detectives with
mind providing
didn,t mind
white she
see Det.
the building.
Det. Bozza’s
Bozza's
time
for
her
Please see
thanked
building. Please
left the
then left
was
and she
she then
about
Sievewright was thanked for her time and
Harden. Sievewright
about Harden.
additional information.
information.
report
for additional
repol for
testing'
toxicological testing.
and toxicological
autopsy and
The
the autopsy
of the
pending the
investigation isis pending
the results
results of
The investigation
Reporting
Detecl¡ve
neporting Detective
-
PAMELA
P,AMELA RICCIARDI
RICCIARDI
Reporting
Si gnature
neporting Detective
Dercctive Signature
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Date
of Report
Date of
11/24/2015
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File 0037
0037
Case 315 cv OQOAE-BRM-TJB Document 62-1 Filed 08/04/16 Page 39 of 100 PagelD: 1074
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POLICYREVEW . arms/2m: Idflr 7A 7_ 7_
.tion olCrirne
STATE Hl GNWAV m. HOWELL. NJ HOWELL. NJ 0773
In. linen Repcning incident mime: .
I3.
ll, suspeoltl lz Person lntolsl:
T4. Wuimtsi: ls. Person lti. Andreasist
TlTWeapon lined
ii. Stoien iMittin; Pmpeny:
On Saturday September 5. ms at approximately 5:30 PM Detective Sergeant Michael Clancy orthe
Monmouth County Prosecutor's office Major Crimes Bureau Issigned me to respond to the Howell
Township Police Department located in Howell. NJ to assist with an death i arrived
al the Howell Township Police nepanment at approximately 6:45 PM and was subsequently bricreo by
Detective pamela or the Monmouth County Prosecutor's omco Major Crimes Bureau and
Detective Daniel Newman or the Monmouth County Proseculor's omee Prafcssional Responsibility amt
Elias Crime Bureau regarding the circumstances surrounding this investigation. 1 was infmmed that the
incident being investigated occurred during the "Soupcr Groove Music Festival." held at the Priedaine New
Jersey Latviltl Society lootted at 1017 State Highway 23. Howell Townshi ,Nl. The deceased was identified
as being Timothy J. H.nlen._ -- beimar. NJ. DOB: --
AI approximately 3 PM. Detective Daniel Bozza of the Monmouth County Prosecutor's omcee
Professional Responsibility and Bias Crime Bureau and interviewed and obtained a six to) page typewritten
statement from Brandon Keith cm. Sayrevilie. telephone numbcr
in reference to this investigation. The statement was obtained at the Howell Township Police
Department, was employed as a Sacurily Guard for Griffin Security at the time of the incident. For
additional information. please refer to the statement
Al 9:3? PM. Dulcclive Ricciurdi oflhc Mul'lmoutlt Prosecutor's Office-7
Major Cr'mcs Bureau and interviewed and obluirlcd five (5) page ly written statement from Daniel
Castillo,-- Brick. NJ. DOB: "umber bi" "fume In lhis
investigation. The statement was obtained at the Howell Township Police Daniel was
as I Security Gulrd for Griffin Security at the lime incidml. For informalimt, please refer to
the statement.
On Sunday, September 6, 20|5 at approximately i :00 AM, Detective Daniel Newman of the
5 Crime Bureau and I interviewed and
County Proseculur's Office . Professional Responsi lIily and Bia
oblaincd a seven (7) n.Ea typewritten statement from Brian rant, Purl" NJ 08859.
--
and cellular telephone number
DOB home telephone number
lteponintnelectlve Reponineueteuivesign-tnre Danoixopm
WEISHROT 52/ (rafflf a [u Inn-mus WWEG
Prosecutor's File 0039
Case Document 62-1 Filed 08/04/16 Page 41 of 100 PagelD: 1076
redraw: to this investigation 'The statement was obtained at the Howellewnship Police Department lir'lan
was employed as a Security Guard for Grimn Security at the time incident. For additional information,
please refer to the statement.
On Tuesday, September a. 2015 at approximately 5:30 PM, Detective Rosendc Perez cf the Monmouth
County Prosecutor's Office 7 Professional Responsibility and Bias Ctilnc llutciul anti I traveled to
- Lukehurst. NJ for the purpose of meeting with Andrew J. Nari rm. were made with
Ne for Detective Perez and to travel to his restdence and transpon him to the Lakehurst Police Department
in reference to this investigation. Mri Neri was subsequently transported to tile Lakehurst Police Department
in the rear ufmy County issued vehicle without incident,
At so it PM. Detective Rnsendo Perez and interviewed and obtained an eleven (1 I) page
'tcm Andrew J. Neri -- Lakehurst. Ni tum, DDB: -- telephone
min reference to this investigation The statement was obtained at the lecllursl Police
1 was employed as a Security Gourd with Griffin Security on the date cfthe incident. For
additional information, please refer to the statement.
it should be noted that at the conclusion of the statement. Detective Perez and transported Mr. Nert back
to his residence located at 304 Maple Street. LakehursL NJ without incident
On Thursday. September l7, ZUIS at approtimately 9:47 AM. Detective Daniel 80123 of the Monmouth
County Frusecutot's orftoe Professional Responsibility and Crime Bureau and interviewed and
obtained at van i7 Rug: typewritten statement from John A. Bree._ M-wt. PA
19010. no numbcr_ in reference to this investigation. The statement was
obtained It the Monmouth County Prusccular's Office located in Freehold. NJ. John WIS a participant in a
band (Nik Greely and the Operators) playing at the Pt-iedaine on the date of the incident. For additional
information, please refer to the statement.
On Tuesday. September 22. ZOIS at approximately 9:29 AM. Detective Daniel 39223 or the Monmouth
County Office 7 Professional Responsibilily and Bias Ctimc Bureau and and
obtained a seven (7) age typewritten stulcmcil in loseili East Brunswick.
NJ 08m. DOB number in reference to this tnvesttgultum The slulunienl
was obtained at the Monmouth Cfluuly Prosecutor's othce located In Freehold Nib Joseph is employed as a
Paramedic with MONOC and responded to the Priedaine on the dot: of the incident and assisted in treating
Timothy Harden. For additional information. please refer to the statement.
For detriled information pertainmg to this investigation. pl use refer to the reports prepared by the
Monmouth County Prosecutor's Office Responsi lity and alas Crime Bureau, case it Glis-
00172.
Nothing furtherto report at this time.
"Supervisor signature
Teporttn. Deirotive Reporting Detective start-trite 'nnte afflict?
BRMN WEISIIOT a} (rat/~4- a tu "(4&th
Prosecutor's File 0040
Filed 08/04/16 Page 42 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BB_M-TJB Document 62-1 Filed
Page D: 1077
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DEATH INVESTIGATION
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Suspect(s)
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13.
13, Address(s):
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Person lnfo(s):
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Percon lnfo(s):
15. Person
lnfo(s)r
DOB:
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Doa:
RACE:
CAUCASIAN;
RÀCE: CAUCASIAN;
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Victim(s):
14, Victim(s):
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I). HARDEN.
HARDEN.
TIMOTHY JJ
TIMOTHY
Property:
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Missing ProPertY:
Stolen I/ Missing
17. Stolen
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MALE;
sEX:M,{LE;
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Address(s):
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NJ,07719
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BELMAR. NJ,
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ASSIGNMENT:
ASSIGNMENT:
Monmouth County
County
the Monmouth
contacted the
On
2015, the
Deparlment contacted
Police Department
Township Police
Howell Township
the Howell
5,2015,
On September
September 5,
Monmouth
the
from
assistance
for
A
County
Monmouth
death
the
County
prosecutor's Office
Prosecutor's
request for assistance from
investigation. A request
regarding aa death investigation.
Office regarding
for
made
examination
Scene
was
Crime
Unit.
Services
Bureau.
Technical
and
for
examination
made
Forensic
prosecutorns Office.
Prosecutor’s
Office. ForensiJ and Technical Services Bureau, Crime Scene Unit. was
Clancy, of
the
Michael Clancy,
of the
Sergeant Michael
and
l6l5 hours,
hours, Sergeant
At approximately
approximately 16l5
victim, At
scene and
and victim.
the scene
of the
documentation of
and documentation
stated
that
the
Howell
and
contacted
me
Crimes
Bureau,
Prosecutor’s Office,
Monmouth
Major Crimes Bureau, contacted me and stated that the Howell
Office, Major
County Prosecutor's
Monmouth County
Route 33,
l0l7 Route
to respond
Society, 1017
33,
Latvian Society,
Priedaine Latvian
to the
the Priedaine
respond to
Township
was requested
requested to
bepartment was
Potice Department
Township Police
identified
later
as
control
of
with
out
Timothy
subject,
an
as
Timothy
assist
later
identified
to
New
subject,
security
guards
control
out
of
Howell.
guards
with
an
Jersey,
secur¡ty
to
assist
Jersey,
Ñew
Howell.
were attempting
attempt¡ng to
who were
to
offìcers who
responding officers
Harden.
with the
the responding
not cooperate
coop€rate with
Harden did
did not
that Mr.
Mr. Harden
was advised
adviied that
Harden. If was
Aid
the
First
that
to
stated
responded
involved.
of
Aid
responded
the
Clancy
the
First
to
Sergeant
for
stated
that
Harden
Mr.
Clancy
safety
Sergeant
everyone
secure
involved.
of
the
safety
for
s€cure Mr. Harden
Center
where
he
Medical
was
Shore
to
Harden
Mr.
University
Center
where
he
was
and
Jersey
Medical
priedaine
University
Priedaine
the
Shore
transported
to
Jersey
Society
Mr.
Harden
transported
and
Society
the
pronounced
pronounced deceased.
deceased.
Officer
at Jersey
met with
with Officer
and met
Center and
At
Medical Center
hours, II arrived
University Medical
Shore University
Jersey Shore
arrived at
1700 hours,
At approximately
approximately 1700
Mr.
Harden.
Officer
with
standing by
Howell Township
by with Mr. Harden. ofäcer
was standing
Sean
Township Police
who was
Department who
Police Department
of the
ttrcHowett
MacD'onatd of
Sean MacDonald
Dr.
1614
at
deceased
hours,
by
Harden
Youssef; of
of Jersey
Jersey Shore
Shore
Dr. Youssef,
was
that
Mr.
by
stated
hours,
pronounced
MacDonald
at
16l4
pronounced
deceased
MacDonald stated that Mr. Harden was
Elan
Canon
EOS
7D
a
documented
utilizing
Harden
Canon
Elan
Mr.
a
EOS
7D
was
Center.
photographically
Medical
utilizing
documented
photographically
University
University Mcdical Center. Mr. Harden was
the
at
were
the
of
All
unit.
developed
flash
EXII
images
580
were
developed
with
Canon
at
the
in
the
images
a
of
All
unit.
digital
conjunction w¡th a Canon 5S0 EXI¡ flash
digital camera. in conjunction
"rrrrru.
and forensic
forensic hard
hard
disc and
prãsecutor's Office,
on aa compact
compact disc
and retained
retained on
Monmouth
Unit. and
Scene Unit.
Crime Scene
County
Office, Crime
County Prosecutor’s
Mãnmouth
Mr.
collected
Harden’s
then
I
details.
additional
for
Photo
Mr.
Uniform
collected
Harden's
then
the
I
Report
details.
drive.
appended Uniform Photo Report for additional
to tire appended
Refer to
drive. Refer
approximately
At approximately
underwear. At
black colored
colored underwear.
shorts and
and black
pair of
colored shorts
black colored
of black
of aa pair
clothing
which consisted
consisie¿ of
clothing which
Priedaine
the
to
and
Society.
Center
Medical
Sociery.
responded
Priedaine
Shore
jersey
the
1810
Úniversify Medical Center and responded to
left Jersey Shore University
lBl0 hours,
hõurs, II left
arrival, I met
Rocco Santorsola,
Santorsolq
Sergeant Rocco
met with
w¡rh Sergeant
At
Upon arrival,
scene. Upon
on scene.
arrived on
hours, II arrived
830 hours,
At approximately
approximately 1830
Prosecutor's
Monmouth
the
of
County
Bozza
Daniel
Prosecutor
s Office,
offi C€t
Detective
and
Detective
Newman and Detective Daniel Bozza of the Monmouth County
Danie Newman,
Detective Daniel
Monmouth
the
of
Ricciardi
Pamela
Detective
County
Monm
outh County
Professional
was Detective Pam el a R icciard of the
Also on
on scene
scene was
Unit. Also
Responsibi ¡ry Unit.
Professional Responsibility
Police
Howell
the
of
Township
members
several
and
Pol tce Department.
Bureau
Department.
Crimes
ip
Townsh
Howel
of
the
Prosecutor’s
several
mem
bers
Office,
Major
and
B
ureau
Crimes
aJor
M
o
ffi
co,
Prosecutor's
the
crime
Yellgyv
tape was
was
as
Ricciardi
scene
c
flme
scene
were
lead
lllVC5lig_a_l0I'S.
Detective
Y
e
llow
assigned
Bozza
lead
as
thc
were
Ricciard
and
éDetective
and
Detective Bozza
‘T
SupervisoI7Signature
Dale
o—fReport
Signature
Detective
Supcrvisor
Signature
of
Report
Detective
Date
Reporting
Repo¡ting Detective Signature
Reporting Detectivc
Reporting
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File 0041
0041
Filed 08/04/16 Page 43 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
Page D: 1078
3:15-cv-08043-BRM-TJB Document 62-1 Filed
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FN
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5.00 197
parking lot
the incidentincident
lot where
where the
the parking
in the
raff¡c in
utilized
off any
any vehicularfland
vehicular and pedestr¡an traffic
and block off
down and*block
to shut
shut down
utilized to
information
was
occurred.
provided:
preliminary information was provided:
following preliminary
The following
occurr€d, The
—pedestrian
SYNOPSIS:
SYNOPSIS:
two day
celebrating its
its
event celebrating
day event
2015, the
On
was hosting
hosting aa two
Society was
Latvian Society
Priedaine Latvian
the Priedaine
5,2015,
On September
Seplemb er 5,
of
the
tents.
in
Organizers
the
camping
invited
of
the
on
to
Organizers
Attendees
sleeping
grounds,
tents.
were
camping
grounds,
sleeping
in
stay
the
stay
on
organization.
invited
to
were
Attendees
organization.
Harden
Mr.
was
overall
and
security.
vehicle
with
Harden
was
assist
to
Mr.
parking
security.
parking
overall
event
and
personnel
security
with
vehicle
personnel
employed
to
assist
security
evãnt employed
and acting
acting
to himself
himselfand
observed
parking lot
talking to
lot talking
walking around
entrance parking
by security
main entrance
the main
around the
staffwalking
security staff
observed'by
needed
if
he
to
see
Mr.
with
Harden,
checking
any
to
staff
needed
see
if
he
The
to
speak
checking
attempted
Harden,
Mr.
security
with
abnormally.
to
speak
abnormalty. The sicurity staff aUempted
the
of
and
one
security
guards.
combative
guards.
became
Harden
Mr.
punched
that
advised
the
security
I
punched
of
assistance.
one
was
and
combative
became
assistance. t was adviscà that Mr. Hãrden
The Howell
Police
Township Police
restrain Mr.
no success.
HowellTownship
Additional
success. The
attempted to
harden with
with no
personnel att€mpted
security personnel
Mr. harden
to restrain
Additionalsecuriry
and
scene and aa
on scene
anived on
officers arrived
uniformed officers
Several uniformed
assistance. Several
Department
additionat assistance.
for additional
was contacted
contacted for
Department was
Harden
Mr.
was
on
the
advised
spitting
l
officers.
and
the
was
Harden
Mr.
was
spitting
on the
the
between
ensued
Harden
Mr.
the
was
advised
struggle
strúggle ensued between Mr. Harden and the oflicers. t
with
it
Mr.
on
unsuccessful
hood
but
sock
were
placing
placing
with
it
on
Mr.
a
who
officers
spit
were
unsuccessful
protective
deployed a protective spit sock hood but
ultimately deployed
ofliðers who ultimately
oleoresin
issued
utilized
his
officers
capsicum
of
the
that
received
department
capsicum
one
Information
issued
oleoresin
was
Harden.
department
Harden. Information was ieceived that one of the officers utilized his
to the
the scene.
scene. After
After aa
to respond
respond.to
requested to
and requested
was contacted
contactcd and
during
Aid was
First Aid
Township First
Howell Township
struggle. Howell
during the
the struggle.
have
be
would
sedated
to
to
Harden
Mr.
that
determined
it
and
secured
was
Harden
have
to
be
sedated
to
Mr.
would
was
lengthystruggle,
lengtñy struggte, Mr. Harden was secured and it was determined that Mr, Harden
administer
the
could
aid
first
Before
sedation,
Center.
Medical
Shore
him
could
administer
the
sedation,
to
safely
University Medical Center. Before first aid
transport him to Jersey
Jersey Shore University
safãyirunspõrt
where he
and was
Center where
he
Medical Center
Harden became unresponsive
Mr.
Shore University
University Medical
Jersey Shore
to Jersey
was transported
transponed to
unresponsive and
Mr. Hardenbecame
in
involved
the
who
staff
were
and
directly
officers
the
advised
that
involved
deceased.
I
in
the
security
was
was advised that the officers and security staff who were directly
pronounced deceased. I was
was pronounced
Police
Howell
the
incident
Township Police Headquarters.
Headquarters.
presently at
at the HowellTownship
were presently
incident were
SCEEE:
SCENE:
the main
was located
into the
the Priedaine
Priedaine
entrance into
The
main entrance
north of
of the
located north
parking area
event was
used for
for the
the event
area used
The main
main parking
temporarily utilized
utilized to
was temporarily
to
area that
that was
field // grass area
paved lot,
was aa large
large field
lot. itit was
Society.
parking area
was not
not aa paved
area was
The parking
Society. The
brush.
As
and
trees
heavy
surrounded
The
heavy
was
overgrown
brush.
large
vehicles.
area
by
As
trees
and
oYergrown
large
parking
by
surrounded
parking
was
guest's
area
The
park
gr".f'r
vehicles.
park the
túe
Observed on
on
occurred. Observed
incident occurred.
the incident
stated
placed around
where the
the area
area where
around the
was placed
yellow crime
scene tape
tape was
crime scene
earlier, yellow
stated earlier,
dust
a
a
mask,
used
and
protective
both
of
gloves,
protective
new
protective
medical
gloves,
a
dust
mask,
waste
protective
a
the
consisting
was
and
used
both
new
ground
of
waste
consisting
the ground was medical
documented
The scene
utilizing aa
photogtaphically documented utilizing
a non-rebreather
was photographically
scene was
mask, The
protective
and a
non-rebreather mask.
hood, and
protective spit
sock hood,
spit sock
All
ofthe
unit.
flash
EXll
580
were
images
with
Canon
a
in
All
of
the
images
were
unit.
EOS
7D
flash
Elan
conjunction
Cation
EXll
camera,
5S0
digital
with
a
Canon
in conjunction
b"non Elan EOS 7D digital
retained
disc
and
on
a
Scene
Unit,
Crime
Office.
compact
Prosecutor's
Monmouth
on
a
compact
disc
retained
the
and
at
Unit,
Scene
County
Crime
Office.
developed
developed at the Monmouth County Prosecutor's
details.
It
should
be
additional
for
Photo
Uniform
the
Report
Refer
to
details'
lt
should
drive.
be
hard
additional
forensic
for
and
Report
appended
Photo
and foiensic hard drive. Refer to the appended Uniform
forensic
the
for
utilized
investigation.
the
camera
was
that
same
known
known that the same câmera was utilized for the forensic investigation.
familiar with
was familiar
with Mr.
event, was
Mr.
the event,
planning the
II was
with planning
who assisted
assisted with
Baker, who
Ms. Priscilla
Priscilla Baker,
that Ms.
was advised
advised that
and
she
the
event
at
Harden
Mr.
was
volunteering
that
team
eve¡t
gave
the
and
the
advised
at
she
Harden.
investigating team that Mr. Harden was volunleering
Ms. Baker
Baker advised the investigating
Harden, Ms.
filled out
by Ms.
Ms. Baker.
Baker. authorizing
authorizing
out by
was fÌlled
Search fonn
form was
Mr.
to Search
A Consent
Consent to
tent. A
her tent.
permission to
to utilize
utilize her
Harden permission
Mr. Harden
I900
Ms.
hours,
At
tent.
of
her
search
conduct
approximately
a
to
1900
hours,
Ms. Baker
Baker
of the
members
team to conduct a search of her tcnt. At approximately
investigative team
the investigative
members of
exterior
and
tent’s
interior.
the
documented
I
her
tent.
exterior
and
to
interior.
escorted
photographically documented the tent's
and me
me to her tent. I photographically
Boiza and
Detective Bozza
escorted Detective
of evidential
was retained
value was
retained from
from
evidential value
In
tent. Nothing
Nothíng of
of the
the tent.
the interior
interior of
searched the
Baker,II searched
presence of
of Ms.
Ms, Baker,
the presence
In the
information.
fiirther
for
form
Search
Consent
to
the
Refer
to
information.
of
the
tent.
fr¡nher
search
for
the
appended
Search
form
to
Consent
the
appended
Refer
to
tent.
the
search
of
the
that were
the incident were‘
in the_incident
were
involved in
were involved
the s_ecurity_guardss that
of the
that two
two of
learned that
Detectiv_e_
Bozzs learned
Detective Bozza_
‘Reporting
ReportinB Detective
Dctective
zurm
LOUIS
LOUIS ZI.IPPA
Dale
Dato ol‘_Repor1
ofRepoñ
Reporting Detective
Detective Signature
Si gnature
Reporting
gut
Úr'.r.
Acþ .,dg°w_,
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at
4 /4.7
tøz
to/ts/zois
I 0/15/t015
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Supervisor
Signature
Supervisor Signature
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Prosecutor's
File 0042
Prosecutor's File
0042
Filed 08/04/16 Page 44 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
Page D: 1079
3:15-cv-08043-BRM-TJB Document 62-1 Filed
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and I responded
lo the
the additional
add itiona
responded to
at aa secondary
Bozza ând
Detective Bozza
parki ng area.
working
a rea. Detective
secondary parking
working at
who
Toth
to
with
Mr.
agreed
Bozza
Detective
Toth
who
to be
agreed
be
Toth.
briefly
Brian
spoke
with
Mr
located
and
parking
parki ng area
arca and located Brian Toth. Detecti ve Bozza spoke briefly
that
advised
he
who
Toth
was
Mr.
documented
I
adv
sed
that
he
was
who
Toth
the
of
photog raph ically docu mented Mr
part of the investigation.
invest igation I photographically
photographed
âs part
photographed as
deta ils.
additional details.
for additional
Repon for
Ph oto Report
not
Un form Photo
appended Uniform
the appended
Refer to
to the
lnc ident. Refer
the incident.
d un ng the
not injured
nJu red during
currently
on
cu rrently on
scene
scene
Mr. Neri
Neri agreed
agreed to
to be
be
Neri. Mr.
Detective
Andrew Neri.
with Andrew
spoke with
and briefly
briefly spoke
then located
located and
Bozza then
Detective Bozza
advised
who
he
that
Neri
Mr.
documented
was
as part of
photographically documented Mr. Neri who advised that he was
investigation. II photographically
photographed
of the
the investigation.
photographed as
details.
the appended
for additional
additional details.
Photo Report
Report for
not
Uniform Photo
appended Uniform
to the
incident. Refer
Refer to
the incident.
during the
inluróO during
not injured
POLICE DEPARTMENT:
H()WF.l..L POLICE
DEPART$ÞNT:
HOWELL
of the
the investigative
investigative
Members of
At
Department. Members
Police Department.
the Howell
Howelt Police
at the
1930 hours,
hours, II arrived
arrived at
At approximately
approximately I930
The
incident.
in
the
involved
officers
following
and
following
the
incident.
The
1
in
the
that
guards
security
involved
team
guards
officers
and
photograph
te.r requested
r.qu"ntld that I piotograph the security
documented:
were
:
photographically
security
guards were photograph ical ly documented
security guards
_
1.
D.O.B f
Cruz, D.O.B.
I. Brandon
Brandon Cruz,
2.
Castillo, 13.0.13.
D.O.B
2. Daniel
Daniel Castillo,
‘
in the
under his
his Iefi
left eye by
by
the face
face under
punched_in
While
he was
was punched
that he
advised that
Mr. Cruz
Cruz advised
Mr. Cruz,
CruA Mr.
photographing Mr.
While photographing
Cruz’s
Mr.
documented
I
face,
Mr'
Cruz's
face,
restrain.
a
photographically
scale,
to
documented
the
Utilizing a scalen I photographically
ãttempting to restrain. Utilizing
he was
was attempting
subjeot he
the subject
specifically
his left
Iefr eye.
under his
area under
the area
specifically the
The
documented:
photographically documented:
to be
be photographically
agreed to
officers agreed
The following
following officers
#644
1.
Conaty, badge
badgø#644
Jim Conaty,
L Jim
#647
2.
Bonner, badge
badge#647
2. Vincent
Vincent Bonner,
3.
Murphy, badge
#643
badge #643
3. Daniel
DanielMurPhY,
4.
badge #645
#645
Migdon, badge
4. Michael
Michael Migdon,
5.
#654
badge #654
Austin, badge
Nicholas Austin,
5. Nicholas
the incident.
incident. Officer
during the
Officer
capsicum during
It
oleoresin capsicum
his oleoresin
Conaty deployed
deployed his
Officer Conaty
that Officer
teamed that
It was
was learned
and
retained
as
his
from
belt,
photographed,
removed
photographed,
and
duty
retained
as
belt,
oleoresin
duty
was
voluntarily removed from his
Conaty’s
capsicum was voluntarily
Conaty,s oleoresin capsicum
evidence.
evidence.
belt
duty belt
Conaty's duty
I5-0577-5-4
from Officer
Officer Conaty’s
capsicum fiom
oleoresin capsicum
brand oleoresin
RED brand
SABRE RED
15-0577-5-4 SABRE
asked if
had sustained
sustained any
if they
they had
the officers,
offtcers, II asked
documenting the
photographically documenting
Additionally,
while photographically
Additionally, while
None
of
officers
documented.
be
could
None
of the
their
the officers
incident so
the incident
result of
photographically dooumented,
injuries could be photographically
as a
so their inþries
injuries
äithe
a resulr
injuries as
incident.
the
that they
involved
they were
were injured
during the incident.
injured during
me that
advised me
involved advised
..l
Reporting
Detective
Reporting Detective
LOUIS
ZUFPA
LOUIS ZUPPA
gnature
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Detective Signature
Reporting Detective
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Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
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deposited
items into
Prosecutor’s Office and
into
following items
the Monmouth
and deposited the following
II then
to lhe
Monmouth County Prosecutor's Office
then responded
responded to
Vault:
Evidence
Unit’s
Forensic
the
Temporary Evidence Vault:
the Forensic Unit's Temporary
County
SUMC
colored shorts
victim at
at JJSUMC
15-0577-5-1
from victim
removed from
shor.ts removed
Black colored
15-0577-5-l Black
at JSUMC
JSUMC
victim at
15-0577-5-2
from victim
removed from
underuear removed
cotored underwear
Black colored
l5-0577-5-2 Black
black colored
colored
pocket of
victim's black
of Victim’s
right pocket
from right
15-0577-5-3
removed from
lighter, removed
brand lighter,
BIC brand
Red colored
colored BIC
ts-0577-5-3 Red
shorts
JSUMC
at JSUMC
shorts at
beh
duty belt
Conaty's duty
capsicum from
Officer Conaty’s
from Officer
15-0577-5-4
oleoresin capsicum
brand oleoresin
RED brand
SABRE RED
lS-0577-S-4 SABRE
postmoñem
the postmortem
attended the
and II attended
Bozza and
Detective Bozza
2015, at approximately 1000
On
hours, Detective
1000 hours,
6,2015,a1approximately
September 6,
On September
Diane
Karluk
Dr.
conducted
by
at the
the
was conducted by Dr. Diane Karluk at
examination was
examination
postmortem examination
the postmortem
tlarden. The
Timothy Harden.
of Timothy
examination of
Karluk’s
Dr.
at
the
examination,
of
various
at
Dr.
Karluk's
Office.
examination,
stages
the
Examiner's
of
During
Medical
stages
various
During
Middlesex
office.
County
Middlesex County Meãical Examiner's
that the
evidence. Dr.
additional items
advised that
the
Karluk advised
Dr' Karluk
of evidence.
items of
cotlecred additional
and collected
direction,
the victim
victim and
photographed the
àirrrt¡o", II photographed
will be
The
details.
further
for
report
Karluk’s
be
The
reportwill
Dr.
details'
Refer
to
further
report
for
death
of
report
were
Kartuk's
pending.
Dr.
and
to
pending.
manner
Refer
cause unå runn.r-of death were
*u*
date.
later
file
at
a
the
case
to
appended
appended to the case file at a later date.
placed into
into the
the
examination, placed
postmortem examination,
of evidence
the postmortem
during the
The
collected during
were collected
evidence were
items of
following items
The following
for
secured
and
labeled
transport:
collection
fortransport:
evidence
secured
envelopes.
and
appropriate
virgin evidence collection envelopes. labeled
appropriate virgin
received at
I5-0577-5-5
autopsy
at autopsy
card, received
FTA card,
Victim's FTA
ß-a577-5-s Victim’s
at autopsy
autopsy
received at
15-0577-5-6
fingerprints, received
and right
right fingerprints,
leff and
Victim's lefi
15-0577-5-6 Victim’s
County Prosecutor’s
Prosecutor's
Monmouth County
the Monmouth
in the
was secured
secured in
same day,
Later
evidence was
listed evidence
the above
above listed
day, the
this same
Later this
Vault.
Evidence
Forensic Unit’s
Office
Temporary Evidence Vault.
Unit's Temporary
OfTice Forensic
County
Monmouth County
to the
the Monmouth
was delivered
delivered to
investigation was
2015, all
this investigation
On October
to this
relared to
evidence related
all evidence
15,Z0lS,
October 15,
On
Monmouth
the
County
Refer
to
appended
Monrnouth
County
for
safekeeping. Refer to the appended
prosecutor's Office Main Evidence Vault
Prosecutor’s
Vault for safekeeping.
Office Main Evidence
further assistance
requested.
assistance requested.
no further
was no
Prosecutor’s
prosecutor,s Office
There was
Receipt. There
Evidence Receipt.
office Evidence
Reporting Detective
@i4Detective
LOUIS
ZUPPA
LOUIS zurm
_'
Repomng
Signature
Dctective Signature
Rcpoding Detective
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raz
3þ.6ç 4 ((37
at
Date
Report
of Roport
Date of
10/15/2015
l0/l5/20ls
§upervisor
Signature
Suþcnvisor §ignatuT:
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Prosecutor's
File 0044
0044
Prosecuto/s File
Filed 08/04/16 Page 46 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
Page D: 1081
3:15-cv-08r043-BRM-TJB Document 62-1 Filed
UNIFORM
TTNIFORTT
._.
pnoro
REPORT
PHOTO REPORT
.
._.
.
FN
#215-00197
FN#:1Þ00197
Harden
SUBJECT: Timothy
ImolhyHardcn
SUBJECT:
JURISDICTION:
Townshrp
Honell Township
JURISDICTION: Howell
DATE
DATE PHOTOGRAPHED:
PHOTOGRAPHEOI 9/6/15
9/6/1 5
INCIDENT:
Dr6lh Investigation
lnv€stigatlon
INCIOËNT; Death
SERIAL #:
CDIDVD
CDiDVD SERTAL
ti 00001797490
00001797490
MEDIA
DIGITAL
TYPE(S)J DIGITAL
MEDIA TYPE(S):
TOTAL
lft{AGEs: 0142
ÎOTAL IMAGES:
0142
PROCESSING
FTSU
PROCESSING POINT:
POINT: MCPO
MCPO I-TSU
CAMERA
MAKBMODEL: CANON
CANON ELAN
ELAN EOS
EOS 7D
70 DIGITAL
DIGITAL
CAtvlÊRA MAKEIMODEL:
FLASH/CAMERASHUTTER/APERTURE:
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FLASHICAMERA
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EXII FLASH
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INCIDENT
DATE: 9/511
INCIDENT DATE:
9/5/155
EXII FLASH
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IMAGE
IMAGE
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PHOTO
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'
I -0090
IMG_0(IO
rMG*0001-0090
IMG_0091-0142
rMG 0091-0142
(‘_A__I_3_ HOTOGRAPH DEEIETINQISHOWING. ')
TIMOTHY
IIARDEN'S AUTOPSY
TIMOT}fi' HARDF.N’S
AU'TOPSY
._
Overalls
ol'victinr
Overalls ofvictim
Photographs
of Dr. Kurluk
Karluk
the direction
directíon oI'Dr.
Photographs taken
t¿ken at
at the
EXHIB]T
/ryc P,tI ¿17- 1
t
DATË.
LC_.__
_'°.69.E_? 1. 93'‘
Prosecutor's
Prosecutor's F Iee 0045
0045
Filed 08/04/16 Page 47 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1082
UNIFORM
UNIFORÛT
REPORT
PHOTO
PHOîO RTPiORT
Howell Township
JURISDICTION:
TownshiP
JURISDIGTION: Hottoll
Hanion
SUBJECT:
TimothYHadan
SURIECT: Tlmolhy
#115-00197
FN
FN#:1540197
g5/15
INCIDENT
DATE: 9/5/15
INCIDENT DATE:
DATEPHOTOGRAPHED:
9/115
ÖAfE PHOTOGRAPHED: 9/5/15
INCIDENT:
lnì/tsti€stion
Ot.th Investigation
ItICIDENT: Death
CDIDVD
#: 00003437901
0(X)03437901
CD/D\D SERIAL
SËRIAL #:
MEDIA
DIGITAL
TYPE(S): DIGITAL
MEOIA TYPE(S):
90
TOTAL
TOTAL IMAGES:
II AGES 90
PROCESSING
FTSU
ifCPO IWSU
PO{NT; MCPO
PROCESSING POINT:
CAMERA
7D DIGITAL
EOS 7D
DIGITAL
ELAN EOS
CANON ELAN
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SHUTTERIAPERTURE: VARIED
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FI-ASIUCAMERA SHUTTËFVAPËRTURE:
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F áSH UNIT
CANON 530
ITAKEÄ ODEL: CANON
FLASH MAKE/MODEL:
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LENGTH: VARIED
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LENS FOCAL
UNIT
INDOORS /I CANON
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FLASH UNll
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580 EXII
CANON 580
CONDInol{s: INoOORS
wEATHER/tlCHTlt¡G CONDITTONS:
IMAGE
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NUMBER
NUMBER
pHoro DESCRIPTION
PHOTO
oEscRlpTloN
CA PHQLQERAPH 9I.5P'°T.'NG’§’iQW'NCi_-J
_
IMG_0001-0020
tMG_000¡-0020
IMG_0021-0033
IMC_0021-0033
IMG_0034-0047
IMG_003+0047
IMG_0048-0057
tMG_0048-0057
IMG_0058-0067
rMc_00584067
IMG_0068-0080
tMG_0068-00t0
IMG_0081-0090
IM6_00E1-0090
RTMENT
DEPA
HOWELL
PARTMENT
POI
HOWELL POLICE
Officer Brandon
Security
Cruz
Brandon Cruz
Securiry Officer
Castillo
Daniel
Officer
Castillo
Security
Daniel
Security Oflicer
police Officer
O.C.
Police
beh and
and O.C.
duty belt
Conaty I/ Ofiiccr
Conaty's duty
Ofticcr Conaty’s
Jim Conaty
öflicer Jim
Police
Vinccnt Bonner
Bonncr
Police Ofiicer
Officcr Vincent
Officer
Police
Daniel Murphy
MurPhY
Police Offrcer Daniel
Police
Migdon
Michsel Migdon
Policc Officer
Officcr Michael
Austin
Nicholas
Officer
Police
Polícc Officer Nichol¡s Austin
CASE JACKET
JACKÊT
LOCATION
CO/DVD; CASE
OF ORIGINAL
ORIC IÛ{L CDIDVD:
LOC¡lTlOl.l OF
JACKET
LOCATION Of
OF PI-IOTOGRAPHSICONTACTSHEET: CASE
N1/r/gr;
te /t.r/tr
PAGE:
PAGE: 11 OF
1
Prosecutor's
Prosecutor's File
File 0046
0046
Filed 08/04/16 Page 48 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1083
UNIFORM
UT{IFORM
PHOTO
RÞPORT
PHOTO REPORT
2
—
JURISDICTION:
Hoûell Township
Townsh¡P
JURISÞlCTlON: Howell
SUBJECT:
Hardon
Ilmolhy Harden
SUBJECT: Timothy
FN
FN #:15-00197
l:1540197
.-
INCIDENT
INCIDENT DATE‘
DATE' 9/5/15
9/å/15
975/155
DATE
PI.IOTOGRAPHED: 95/1
DATE PHOTOGRAPHED:
INCIDENT: Dsalh
lnvostigatlon
Oeath lnvesligatlon
INCIDENT:
CDIDVD
#i 00001797474
04001797474
SERIAL #2
CD/DVD SERIAL
MEDIA
DIGITÀL
MÊD A TYPE(S):
TYPE(S): DIGITAL
TOTAL
10f
llüqËEs: 101
TOTAL IMAGES:
PROCESSING
FTSU
MCPo FTSU
P0INT: MCPO
PROCESSING POINT:
CAMERA
7D DIGITAL
DIGITAL
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EOS 7D
CANON ELAN
i¡IAKFJMODEL: CANON
CAMERA MAKEIMODEL:
FLASHICAMERA
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SIiUTTËR/APÊRTURÉ VARIED
FI.ASIVCAMERA SHUTTERIAPERTURE:
FLASH
UNIT
FLASH UNIT
EXII FLASH
580 EXII
FI.ASH MAKEIMODEL:
MAKE/IIOOEI: CANON
CANON 580
LENS
VARIED
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LENGTH: VARIED
LENS FOCAL
EXII FLASH
CANON 580
WEATHER/LIGHTING
FLASH UNIT
UI'¿IT
580 EXII
OUTOOORS I/ CANON
CONDIlIot.¡s: OUTDOORS
YVEATTIER/I,IGHïNG CONDITIONS‘.
IMAGE
IiÍAGË
NUMBER
NUMBER
PHOTO
DESCRIPTION
PHOTO DESCRIPTION
SCENE
SCENE
IMG_0001-0031
IMG_0001-0011
IMG_0032-0056
IM0_0032-005ó
IMG_0057-0079
rMG_0057-0079
IMG_0080-0090
tMc_00E0-0090
IMG_0091-0101
¡MC_0091-0101
(‘A PI-IOTO_G_RAPH DEPICT NC_3l_SHO}N NG...')
”
of parkirtg
Overalls
parking lot
scene
lot // scene
Ovcrafls of
medical
waste
/
Scene
wsste
/
medicsl
Scene
Search Ms.
Consent
Baker's lent
Ms. Priscilla
Priscilla BaI¢r,url l
etc.)
¡umbcr etc.)
MIl¢e.color,sizt-,mudel
nu
(Le.
No.
No.
I5-0577-5-I
ts-0511 -5-l
viclim nl
at JSUMC
JSUMC
Black colored
ñom victim
rcmoved fmm
¡ho¡t¡ removed
colorcd shons
I5-0577-5-2
t5-0517-5-2
at JSUMC
victim ¡t
JSUMC
from victim
am
æmovcd fmm
¡urdøwc¡r nemoved
colo¡td underwear
Blrck colored
I5-0577-5-3
ts4571-5-3
colored shons at JSUMC
colored BIC brand lighter. removed from right pocket of victim's black
Red
RcdcolorcrlBlCbørdlightcr,ranovcdfromrightpockctofvictimbbltckcolomd6hofs¡tJSUMC
5>0577-5-4
ts.057?.54
bclt
dury bcll
cìon¡ty's duty
brand oleorain
olliccr (‘.onaIy's
fTom Omcer
capsicum finm
SABRE
ofcortsin crprcunr
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I5-0577-5-5
r5-0577-5-5
II uulupsy
attlopsy
Victim's I-‘TA
surd, ICI.‘t‘IVL‘d
touetvcrl rt
l'l'Å curd,
Victirrr's
I5-0577-5-6
t5-0577-5-6
ct uuuapsy
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rccrlitcd ul
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tìngcrprllìts, rucciwd
nght fingerpnnLs.
lcll and
und nghl
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LOUIS
Delivered
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It
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om .- 9/ao/2015
Mum
Prosecutor's
Prosecutor's File
File 0049
0049
Filed 08/04/16 Page 51 of 100 PageID:
:£1ase3;15.-cv-08043-BRM-TJB
Page D: 1086
Case 3:15-cv-08043-BRM-TJB Document 62-1 Filed
MONMOUTH
Office
County Prosecutor's
Progecutot's Office
fllONi¡IOUTH County
EVIDENCE
EVIDENCE RECEIPT
RECEIPT
Ð
I
l
Case
Caso lnfonnation
lnformavon
County
County MONMOUTH
MONMOUTH
Submlt
COUNTY
Agency MONMOUTH
MONMOUÍHCOUNTY
õuÞmltAgoncy
PROSECUTOR
PROSËCUTOR
Munlolpallty
TWP
iltunlolpallty HOWELL
HOWELt TWP
Case
Case Number
N umber Information
I nfotmøtlon
IIWIPD
Cùr ## 1-_ _f_»i >15-D01_7_7
lnvrPD Cue
77 /1_5-397i15‘
t1b.39715
PGICSI Ca¡ot
Case 0 i_________‘PG/CSI
Log
Log infonnation
lnformatÍon
#
Evidence
15-0577
Evldence Property
Property #
15-0577
Unlt
Unlt
QENERAL INVESTIGATION
Incident
Date
8:
Time
00:00
09/05/2016
lncldent Dato & T¡mo
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7
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Batch
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lncldont Offense
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Incldant
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Evidence
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ÑJ
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1017 STATE HXGHWAY
f?tÍ
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___________
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ond video
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audio and
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contnlning mvr
briefdescrlptlon:
on¿ dvd
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qurnllty: 1I brief
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is
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number
no recovered
vehicle
blob¡zsrd:
It
nnntber
31,
daniei
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pãlrol
v¿hlcle
of]?
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faamgefrain ol\ danlel
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5 00:00
r:An:<;onv:A1Ioio/viom
ttitl¿o
orrd video
atullo and
nn'r amllo
co¡ttqlt l,tg mvr
dvtl containing
orte dvd
brlcf description:
sub category:
dcscription: one
q u¡nll ty: i brief
dvtl quantity:
cetcßory: divd
Ito
relrlcic number 07. is biohzunrd: no
oflf lreatlrer
from oJr.
hcalher .sr:In:rbiu.rln"spurruir¿hlcle muúc¡ 07. is biohnz¡rd:
date Sr
rccovcrcd d¡tc
& iirnc: 09/07.-C20155 00:00
CA'l’[~‘.GOR\':M Di0l\’lDl-20
video
audio and
øud vldeo
lion: one
tfll,Í audio
cou!ølnîng mvr
otte dud
dvtl containin
uanli :1I brief
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descrlption:
11 : dvtl
brlef descri
c8
recovered
no
is
05.
number
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no
ls
blohrr¡rdl
weg pofiol vehlcle uumber 05.
off
olï s8L lhotnøs wegpatroi
lillit &
& lime:
l¡nte¡ 09/07/20lS 00:00
__
____'
_
_
AUDIO/VIDEO
AUDIÚ/VIÜEO
5"0577'l'5
I 5"057i-l -5
—
-6
15-05774
t5-0577-l-6
Aumo/VIDEO
AUDIO¡/IDEÔ
15-0577-1'7
ß-a577-l-7
AUDIO/VIDEO
AUDIOTVIDEO
IS-0577-l-8
154577-l-8
AUDIO/VIDEO
AUDIO/VIDEO
Property
bY:
Delivered by:
Property Delivered
bY:
Property
Received by:
Property Received
footage
faoragejeagrr s;-It. rhontrym
,
R
3:‘
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biohfizard:
velilrlcie
CATI~‘.GORY:AUDlONlDE()
911 callr
calls
ol9lI
autllo of
the audio
dlg1 containing the
oile disc
dcscriPtion i one
ub category: dvd
bricf description:
quantityr 1I brief
dvd quantity:
dntc & time: 09/07/M15 00:00
inn!
n0 rccovcrui
radio rrurrsnrlssions. is
ls lziuhmunrd: no
L.
/A-’gfi:.Tz:i:::r;
4"‘,
t.
ií
,
Signature
Srgnature
Date:
Date:
BOZZA,
JR.
DANIEL JJ JR‘
BAZZJ', DANIEL
09/17/2015
13:52
0911712015 13:52
_
Frini
Fti¡tl Name
liann
/.;'
./. -
00:00
timc:
Date:
Date:
GAUGHRAN.
JOHN
GAUGHRAN. JOHN
.,
7
—
09/17/2015
13:52
0911712015 13:52
?—————_.§
-
Print
Name
Print Name
Page
of 1
Page 11 of
1
Prosecutor's
Prosecutor's File
File 0051
0051
Filed 08/04/16 Page 53 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1088
MONMOUTH
Office
County Prosecutor’s
Prosecutor's Office
MONMOUTH County
RECEIPT
EVIDENCE
RECEIPT
EVIDENCE
Case
Cese Information
lnlormation
Submit
COUNTY
MÛNMOUi-H COUNTY
Agency MONMOUTH
Submit Agency
TWP
Municipality
Municípality HOWELL
HOWELLTWP
County
fvIONMOUTH
County MONMOUTH
PROSECUTOR
PROSËCUTOR
Case
f{umôer lnformation
Case Numberlnformation
_97_‘i_5
f G 15-0O1_f{g~I_1Ӥ>;_Zi
ç11 5-001'731U--.3J:u-1!
lnvIPD
Case
lnv/PD Case#
FGlCSiCase#
PG/CSI Case # //
Log
Log Information
lnformatton
Evidence Properly
Ptopet'ty ii#
Evlcler:ce
UN‘
Unlt
Incldenl
& Time
lncldent Date
Date 3.
Tíme
~"mh:r.
___V
_iii_:r§ZjV
5-0577
_F_3_E.fl-’*Ul‘{\£§§I.i_.CiE\T_‘ 9.._N.,
ffi
I
ffi09/o5r2oT5"6o:oo
_7
_
4
_
7r~=v°rr'='«55"rv'51‘>'°“°"
E
"“dc .; ltem Cotcgory
Elidcncc
.
_
A_____
_7
_
__
-_ 0377 2 1
[3
t 5.0577-2-l
_
V
___
W
Defendants
Ðefendants
Item
Item
Nrrmbcr
_
_
_
__
._
'
_
Batch
Båtch It#
'“°'d°'“°"°"5°
lnc¡dont Oftense
Incident
Locallon
lncldent Locarron
E0UCJ'”EV*EW
POTICY FEVIEW
___
‘____
‘_
__
__
_ 1
_
-
1017 STATE HIGHWAY 233. HOWELL, NJ
.
_
Lil tót
_rjowE#NJo77_ar
HOWELL,
________
_
hfqfm¡tior,
ebdv
dcßribÈ
llcscrlpdon
Pi-‘5¢ jlP“°"
Ssit¡ tù¡nb.r, t{¡tc, I'lodcl. ct(
i c.
¡nt
_,
lrd¡tþlfGd@
Contact/Recovered
Contâct / Recovere¡l
by
b¡'
__
_
(‘ATEGOR
(.-¡\TUGOR V:/\UDI()l\’IDi-‘.0
Vr  l ll)l(l/1{ nRf}
3 telephone
rclePhone
description: 1disc containing
cot,tu¡,¿¡ng 3
I- disc
sub
quantitS': 1I brief
brieftlcscrlption:
cd andla
audlo quantity:
sub category:
cstegor'!'¡ ed
d:
lrurr all lunllallip
lriul¡r¿r¡,.l:
pulice rlrirpuu/I.
lìtputú, 3.5ir biuir:u..~u
¢.unm:I5rrlir»ir.r
tørushìp puliuc
gruun uml
øul lut'úl
tthll)t ¿Íct:tt
L4Í can
¿ell /may
rutn'¿ß.ilhrlt Imn
09/21/20155 00:00
recovered
0A:00
rccovarcd (late
tletc 8r
& time:
ümtt 0îf2l/201
AUDIO/V1DEO
AUDIOTVIDEO
_
_
Dcb¡l€d
lEvidcrce Typc)
_._;§___A__
2-
Mu
r¡¿
_#_
_
__
$9‘
:'”“'-="§"';-lg6
//“5",3,'.-"...”77*‘5/'
2/
Property Delivered
Delivered by:
bY:
Property
_
-'
"'_,/+____,.
Signature
Signatura
"
_
Property
bY:
Recelved by:
PropeÉy Received
-
Date:
Date:
BOZZA.
JR.
DANIEL JJ JR.
ïOZZA, DANIEL
09/22/2015
13:48
0912212015 13:48
_-——
.
.
._.-
.-»—_—_
_.
_
[1
t'
(/ /;///’/__..~
I
Print
Nême
Pr¡nt Name
BARNER.
JEFFREY
BARNËR. JEFFREY
09/22/2015
13148
09122ì2015 13:48
Date:
Dale:
V
Slyrraiura
_
_
_
_
H‘
Prinl
Pt'i;tl l‘~J.:r.'na
îla:na
Page 11 of
of 11
Pago
Prosecutor's
Prosecuto/s File
File 0052
0052
3:15-cv-08043-I3RM-TJB
Filed 08/04/16 Page 54 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1089
MONMOUTH
Office
Prosecutor's Office
County Prosecutor’s
MONMOUTH County
EVIDENCE
RECEIPT
EVIDENCE RECEIPT
c'a§o—Ifi6rmatran"
1-
Case
Case Numberlnformation
Number I nformation
lnv/PD
/1 5-397
I5
.§—;'49_715
case ## §l_1>_‘._i:Qi_II172_/1_’
lnv/PD Case
PGICS Case#
PG/CSI Case # I
Log
lnformation
Log Information
______
Evidellce
Ptr.rperty #
#
Evide¡tce Propeily
Unlt
Urìlt
Incident
& Tlme
lncldent Date
Date &Time
15-057?
5,0577
1
_
_
PROSECUTOR
PROSECUTOR
_
__
_>
___
AV
_____
‘
Balchfl
Batch #
Incident
lncident Offense
Offense
Incident
Locatlon
lncident Location
_
00:00
09/05/2015
09/05/t015 00:0û
__.5___________________l
_
Defendants
Ðefendants
E\,;dc;
3 W’
Categor¡'
ltcm C
Evidcncc mm
(Evidcnce
__
I7-3-2
“-03
r 5.()5??.3-2
-
.
‘k
‘
“'03
' N‘
t-i-0s7i"3-3
.,
i
,
_
_
I
,
_.
I
trlskc,
Contact/Recovered
Contnct / Rccoïercd
L»by
[lodtl .tc
Ltütlv dðrloa t[v orqhþ[(
_
CATEGORY:IIllSCEI.L!\NE0I.IS
ìu)
ts biuI1uLmI; no
¡r¡¿¡Åt' rlscd an .\'cr:m:. is
quantity: 2 ln‘IcI dcscriplluu: nvo- ¢'.\'r:ru;:Ic H95 Inuslw
(.‘A' ‘EC0I{Y:l\lISC ‘2I.l..4\NE0US
CA
nn
Is hlnhnznrd:
rrrrçl' lç
hlnhnz¡rd: øn
qunnlliy: JI brief dutrlplion: nm- 4-xnmplr mrglml mark
_
.
.
MISCELLANEOUS
NIfSCELLANEOUS
_
l¡füo¡lioÊ
Dcscri Ption
Pl'5\""l-M0"
c S.úl Nsnbc¡.
__§
_
I.A'\'ICt)l'.<
(.‘A'l'I-TQOII\’:MIS(‘IiI
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)t
t.4
urremprerl to
¿n
to be
be used
usul on
thut was
lptts ttÍl't"tþr¿d
uus* mm
description: oneo,tXrgat nruxk
euonryle o.\ygeu
one- example
quantity:
b¡'ief rlcscription:
n¡ity¡ 1,l brief
want. is
¡s lIiulnu‘.ur1.I:Mu
Ml5_('{:L'L"fl“b0US
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tvIISCELLANHT)US
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MISCELLANEOUS
MISCÊLLANEOUS
I
.
,__
_
.
I5-0577-3-I
I i.0577-3-l
.
0
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‘V
_#
fl)_g fl___V_‘__
STATE HIGI-KW/\Y I333 HOWELL
LL NJ
10177 STA
NJ
_oH0W_E -L;M9773l
HOW ELL. NJ
'17731
_
___,____
_
___
__
__
i__
'7
F.5EI~II§RA_l. lNVESTIGA1'lOM_
__.
_
‘
"
Submit
COUNTY
Agency MONMOUTH
MONMOUIH COUNTY
Subm¡tAgoncy
IWP
Municipality
l1OWEtt lwP
Munloipality HOWELL
County
MONMOUTH
County MONMOUTH
mm
llcm
~"'-b~
Nu m bor
‘
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"
_
?'—
_
_
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—
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Property
by:
Dellvered by.
Properly Delivered
I
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-
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,,
09/23/2015
15:35
09/2312015 15:35
Date:
Date:
GAUGHRAN.
JOHN
GAUGHRAN, JOHN
a/
Signature
Signaiure
9/23/2 015 1535
00912312015
15:35
-
Print
Natne
Ptitú Name
S/gnafune
Slgnaturc
Property
bY:
Rcc€¡ved by:
Property Received
Date.
Date:
BOZA,
JR.
DANIEL JJ JR.
BaZZA, DANIEL
_
..
,
_._.-
.-._____
F,-1'...‘ .’/um:
Page
of 11
Page 11 of
Prosecutor's
File 0053
0053
Prosecutor's File
Case 3:15-cv-08043-BRM-TJB Document 62-1 Filed 08/04/16 Page 55 of 100 PageID: 1090
Otfice
MONMOUTH
Prosecutor's Office
County Prosecutor’s
MONMOUTH County
EVIDENCE
RECEIPT
EVIDENCE RECEIPT
-ase
/ri$rnia!/on
-ase
County MONMOUTH
MONMOUTH
County
Submit
COUNTY
Agency MONMOUTH
MONMOUTH COUNTY
SubmltAgoncy
PROSECUTOR
PROSECUTOR
Municlpality HOWELLTWP
Information
Case
N umber I nformetî on
Cese Number
nvlPD
/15-39715
Gtf5.00172 /15-39715
Câse 8# gI15-00172
lnv/PD Case
case #
PG/CSI
# g_/
PGICSI Case
Log
lnformatìon
Log Information
L
Evidence
ProPertY if#
Evlrtence Properiy
Un t
Unit
Incident
& Time
Time
Date 8
lncldent Date
t5l?
___ rf_€_£f_'
_‘_f__7_
__f;l;Nifi»_’\_ iN\_‘_ E_STlQA'
U ;=vN
s q¡¡e n¡l Nvesr cô1¡o_N_
I
t
_
‘
I
09/05/2015
00:00
09/05/201 5 00:00
_
‘_
__
___v_
_
Batch
Eatclr 39#
Offense
Incident
lncident Offense
Incident
Location
lncldent Location
i_____________
POLICYY R§ll _E_\4_y'
_v_v
REVI
_________
T
î¡l---' -
1017 STATE HIGHW.hY -‘:11 HPIWELL NJ
HOWEI-L_i:1;'_0@_
o7731
HOWELL,
‘
__
__
_
_
_‘__
____
0
__
__
_
.__
_
,
_
_
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Defendants
Ðefendants
_
"cm
Ifcm
mber
N"
Numhcr
Evidence
Itcnr Category
Category
Eridcnce Item
0577-4 1
15
l5-057?4-l
MISLELLANEUUS
lvllSu'ELLAl.lE0US
_
_
"‘
DescrlPtion
p°5°'_iplion
Þrtûilrd lnfornolion, i c S.rial Numbtr, M¡tc
'Ev'*°==
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lÊvldcncc Wm
by
b¡'
rlcücl, "°
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.
I
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DANIEL
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olh¿t (m/.vcu/lnueaus)qunulllyz
c¡t legor'-Y: 0/I/er
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n-.m\'erL-ti:
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& time:
tlmer 09/15/2015 00:00
’!UI1'£‘”IIl'[J.pU}l-1.‘!ffEfllll'u'lHEfHrccmercd dale &
land"
_
__
I
ti
1
,2" _ _...‘.___/
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t
I
I
lrY:
Property
Property Delivered
Delivered by:
,¡
I
’
nr
..,}
"._
—s_
I_:_.:""'
t: -2.f;
- ;-'
-,
Signature
Signsfure
b¡l:
Hroperty
Recê¡ved by:
droperty Received
‘J0 ’__ff‘§
C'l;.-yak’;-5
-.‘.,.
-..
Date:
Date:
NEWMAN,
DANIEL
NEWMAN, DANIEL
»
09/25/2015
14:17
0912512015 14:17
__
.
-
_._—__.-,.-
_
_..._
»
..
-
Print
Prínt Name
Nama
Date:
Date:
GAUGHRAN, JOHN
JOþIN
GAUGHRAN,
__
_
09/25/2015
14i17
09t2512015 14:17
_____V__
L
P.-‘En.’ Nam:
Page
Page 11 of1
of
1
Prosecutor's
File 0054
0054
Prosecutor's File
3:15-cv-08043-BR_M-TJB
Filed 08/04/16 Page 56 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1091
MONMOUTH
Office
Prosecutor's Office
County Prosecutor's
MONMOUTH County
EVIDENCE
RECEIPT
EVIDENCE RECEIPT
Case
lnformation
Casë Infonnation
County
IVIONMOUTH
County MONMOUTH
Submit
COUNTY
Agency MONMOUTH
MONMOUTH COUNTY
SubmitAgency
PROSECUTOR
FROSECUTOR
TWP
Municlpallty
HoWEtLTWP
Municipallty HOWELL
Information
Case
atÍ on
N u ntber lnfornt
Case Number
lnv/PD
/15-39715
Case #
# HM15-O_Q1_7_’7
HM15-00177 /I5-39715”
lnv/PD Case
PGlCSlCase#
PG/CSI Câse #
/
__
__
__
_
_
__€
_
__
__
Evidence
5:7_
ProÞertv ## I_E-_t.'
15.0577
s;ldence Property
Unit
__GENEfiAL_[tiVEST GAT@________
-"GENERA-L !\yÊs-TtçÁLlo!-"OS/0520f5-00ñõ
Incident
Oate 8.
8. Time
Time 09/05/2015 00:00
tncident Date
unit
I
_>
____
Log
lnformatlon
Log Information
______
_>______
--
_>
Batch
Batch ##
Incident
Offensa
lncldent Offense
Incident
lncldent Location
Locst¡on
4__
4
_
__
POLICY
POLICY REV EW_____
1:33 HFJWEH NJ
1017
17 STATE HIGHWAY
_
>
__
_
__
HOWELL-_NJ_0_7??a1
HÔWÊLL. NJ o7731
__
____
>
__.__
ltem
.“em
nfonmtion,li)ec§:r :Pl'f1?nl:>er,Mike,Mad¢l,elc
COMM‘
Contûct I/ Rccowrcd
llccovercd
Dcscriptlon
N
u In her
fiutgber
Cstegory
ltem Caugory
Evidencc “em
Evidence.
(Ev¡drßc Ty”)
Typ.)
I5-0577-3-]
l5-0577-l-l
MISCELIANIFOUS
lvllSCFl-l.ANf Ot,S
CA't‘EGOR\':t\IISCELIANEOUS
CA
be used on
rryß dßtntrtcil to he nseil an
e.\-urupte 0.13-gen
t,nsk that
ll,tt( Wtl.1'tII/t.’m])It‘l/I0
o)Ð'geil mask
otre- exunqle
quantity:
descrl prl on: mrertR r¡liryl II brief
brlef dgscriplionz
l5‘0577'3'2
t5-0577-3-2
MISCELLANEOUS
MIScELLANE0US_
«fut:tfi$:(;'$‘i::fItfifiEl:h:;:Ef;?0l:l§.L't Imtlt!
-,.,
“~03
' "'1 -3
r i-üii7-3-3
<1:
Mm‘LLLANLUUb
l\,1lscËLt,\Ncuus
15-05774“
t5-05774-t
MISCELLANEOUS
MISCELLANEOUS
.
,
Delailcd
Drtôilcd lnfomlior, ic Scti¡l Nunb.t, Àhk., lvlodcl,
in detail
p¡otùittd wags:
ncrpg¡ !¡
dcqil
Clearly
¡nv ptolubited
Clc¡¡lv describe
dc¡cibc lnv
‘fwdflm
1
,
.
1'£.'£flr.'. is
¡s
by
by
Êtc
_
:IIolt:t7.tu'd: Im
two-
('.‘ATliGOR\': \IlS(‘l-Zl.l.ANEOUF
tro
1:95 mask:
l¡ bluhuzn rd: no
wasks used on scene. ls
_
qtnunllly: I hrlcf dcscrlplitm: oue- e.\'umph' sttrglcal mn.tA‘_ ;_b o utznrt. :no
CA‘l‘EGOR\':I\~llSCF2l.LANEOUS
c.{Tscõn11lì¡¡EdELL.{NEoÌ.rs
,,the.
nusß ”rIte
exouryIe /ttusk
dcscr.lptlon,' exatttple
cub category:
quântiÐ.i 1I brief
bricf description:
(niscellanao'tJ,,, quantity:
olher (mlxcellancous)
*r.go'y' other
recovered:
where
dtmlel
newman
:det.
b
'uu
recot'ered:
recovered
F1100!/"5
ìt'hcre
no
biohnzard:
is
ttmusk.
da,!l!t,tt:Tt'rran
3’
P
ís biohrzard: ,t¿ reõo"crcri byt det,
'riri;;iãt,iott.
00:00
09/25/2015 00:00
Iron-ell
& time:
¡lmu 09/25/10!;
útae 8;
rccoycred date
tlcpadurctrl recovered
\ov.el! nyp.
itto, police
øolíc¿ department
.
.
I
_
__
I
_
_
Defendants
Ðefendants
_
__
DET.
DET. DANIEL
DANIËL
NEWMAN
NËWMAN
__
____
_
_
_
-
5 ,f
by:
Property
Delivered bY:
Property Delivered
I
L
Proper1yReceIved
bY:
Property Receivod by:
-
5-
-
"
-'
75;.
-/’
GAUGHRAN,
JOHt'l
GAUGHRAN, JOHN
“
_
.
_jignature !,_...
-9ignaluro -ãa
—
’
11/05/2015
09:01
11/05/2015 09:01
__.._
____;;_:'_‘_,_;,.-; /,6:
_
Date:
Date:
_
"I
/:ig.I?s':."=.-'-
Print
Name
Prlnl Name
R.
BOZZA,
DANIELJJ JJR.
BOZZA, DANIEL
'
D
ate.
Date:
-
09-01
11/o5/2015
I1/05/2015Ú9:01
.
.1’-’.'r"n!.’.’a.'n-.=
Page
of II
Page 11 of
Prosecutor's
File 0055
0055
Prosecuto/s File
Filed 08/04/16 Page 57 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1092
MONMOUTH
Office
County Prosecutor’s
MONMOUTH County
Prosecutor's Office
RECEIPT
EVIDENCE
EVIDENCE RECEIPT
_Case
lntormatton
Case Information
Case
Case NumberInformation
N u mber I nform atio n
##
Unit
Unlt
Incldent
E Tlme
llmê
lncldont Date
Date 8
IE-G577
1E.i577
___?__‘_____w_._
I5-0577-3-I
l5-0i77-3"r
MISCELLANEOUS
¡!llSCËLLANEOUS
ls-057134
ls-0571.3^2
NHSCEUANEOUS
I\,f ISCELLÂNEOUS
M[SCELLANEOUs
ÀfISCELLANEOUS
_
.
3
r‘
—v=..=—:.4 I-.
DI:n._,I......_y
:I.'F.. '1;
L.y
Prct:í1! Deli:*i9J
.;
.
.
_
__§
_
I
#
i___
_
Dcscription
p"'"iI".i°"
5:rl3l ì'urÉ.t,
lirrilld
r
'"""'t’.:'£j_':{
.
,
l¡fJm:nor. i
_
.
I tdr¿ :
,
..
t:Jil.
.
_
___
C°“"‘“/
Conlact /
Recovered
Rtcovcred by
b.r,
“°
êlc
is biohnzard:
l¡0
bioh¡zard; mi
2
ht'G
tt95 nnsks used on
ou scene.
¡c¿¿¿. is
FATFGORY:i\‘IISCELLAI\'EOl'S
c{TF:GOR\'riltlSCEtL NEO['S
Is biohnznrd:
rlo
qunnmv:
runntitr.: If brlcfdescriptinn:
brlcfdcscrlnlion: rmtonc- t'_\'flIII[}’(.'.TIlfg’Cfl,"I{l.\"\'
evnmnlcs¡tnlcal ¡¡tnskls
biohtznrdl no
LSCATEGOR\
CEI. LANEOUSquunlity: / brierdescrimion: evample uotk
category: ':MlS(miscellaneous)
DET.
DET, DANIEL
DANIËL
NEWMAN
NE\ùT4AN
-
—
ii
ffiHovÆLL-rJJ-_---
CÅTEGOR Ì': ¡}IISCE I,LANEOUS
ub c¡lcgory: other
olttêt (ruisrrllã,teo,,rt quttr li$': I bricf descriplionz cuample mask "Ihe
rub
"lhe
hood"
tthcrc recovered:
rccolcrctll
uctt,rltrr¡ where
recovcred by:
by: (let.
ilet, rlnniel
laníel mswnum
hoor!" spit
tuosk ls
l¡ blohaznrdz
lo recovered
spll nmsk.
bfoh¡z¡rd: no
00:00
09/25/2015
&
Iawell my}.
r¿covt¡'cd dale
d¡lc & time:
llm.: 09/2!/2011 00:00
hor¡'cll
htn golice
nolìce tlzpurmmtt
tl¿nudatnl rcco\':rcd
L/I
—---
'0"/'
/>_%'(_,__’____:_;,_,
"¿:'c/ v
.->r>¿
.
‘
"
Property
Received by:
by:
Property Received
—_
\I
___
_
\TEG0RY:.\IISCELLANEOl7S
C
C,\TEGORl':ììItSCELL\¡iEOLrS
qullunntifr':
nnlity: 2 bricfdcscription:
bri¡fdcs¿rinlio¡t ho'0- cmmple
&ûntÐl¿ n95 lHI1!I(.\‘MJ£d
4-1
150577
t5-0577-4"1
..
__
__
POLICY
POLICY REVIEW
REVIE'û'
1017' STATE HIGHWAY #33 HOWELL NJ
NJ 07731
__I-IQ\LE_ _.L
l1qWq-LL-!!-qZr"3l*
no
Ion
on scene.
sc¿ne, is
is biohaurd:
biohezt¡tt¡ uo
M1°L‘H‘LANhUU°
MIùLËLLANLUI-JS
.
_
CATEGOR‘r':.\llSCI5LLANI£OLIS
CATEC()R\'; ll ISCI¡Ll-l¡ifiOLrS
be used
t,'ñs artempred
to be
us¿tl
qunnfity:
ntlenryted In
qu0otib': It brief
nosk that
lhßl was
ouè- awnnple
e,couple o.\1!een
ost'qet mask
brlcf description:
descrlptionz om:-
b'UD77‘3-J
ti-ú5 i 7-J -j
.
4
4-.----__
Batch ##
Bâtch
lncldant
lncldenl Offense
Offcnse
Incldenl
lncldent Locallon
Locåtlon
I
I
.
___
_
09/05/2015
09/05/2015 00:00
00:00
EvIdum:c
Er4dcncc Iicm
Ilcm Category
Cafcgoq'
lE\'inaIc:
Eü€cÊ rype»
lypcr
V_
_
_V_
Number
liumbcr
.
_
__GENERAL
I¡¡VESÎIGATION
GENERAL INVESTIGATION
Defendants
Dafondants
.
__
-
_
lnformatlon
Log Information
I Log
Evidence
Evldence Property
Property
FROSECUTOR
FROSECUTOR
.
/15-39715
InvIPD
lnv/PD Case
Cesâ ## HM15-00177
HM15-00177/15-39715
PG/CSI
Cðse #
# I
PG/CSI Case
"Om
Itcm
MONMOUTH COUNTY
Subm tAgency
COUNTY
Submlt Ag€noy MONMOUTH
HOWELLTWP
Munlclpallty
Munlclpallty HOWELL
TWP
county
County MONMOUTH
MONMOUTH
I‘
)
«
/I
S:gn.=.!».rr9
"
'5'
.Il‘\ 1II..LJuI\.
DL4LL:-‘I, -‘-"I
ÐúZZÅ.
ù,'.1 llËL i .i;-.
""-“~'
'
=3
Daie:
"—‘
IJdI&.
‘
II I/05f20l5
l/t5;2ú 15 I1‘5-‘.
I 1:54
.
Pm!
Name
Pin! l\lene
.
is
BARNER.
JEFFREY
BARI,IER, JEFFREY
ignalurs
Print
líañe
Prìnt Name
Date:
1110512015 11:54
11:54
Date: 11/05/2015
Page
Fage I¡ o!
of II
0056
Prosecutor's
Prosecutor's File
File 0056
3:15-cv-08043-_BRM-TJB
Filed 08/04/16 Page 58 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1093
MONMOUTH
Office
County Prosecutor’s
Prosecutor's Office
MONMOUTH County
EVIDENCE
RECEIPT
EVIDENCE RECEIPT
‘—'
"
tíon
Casetion
'
"
'
’
Case
lnlorntatlon
N untber Information
Case Number
invIPD
HM15-6A177 ¡15-39715
lnv/PD Case#
Casô # HM175_-0__0_177/15-3971_§.
PG/CS!
Casø # _I¡
PG/CSI Case#
Log
lnformation
Log Information
Evidence Property
Propcrty ## _1S-G577
11'c577 Évldence
-õEñEMIIÑVESfIéIIIQ:j
Unit
_.§‘_5Nfl»°:.E. '*\/§TLGi\.T HCL-‘i__
UnÌt
09/05/2015 00:00
Incident
& Time
Tim€ -õ9ñ540ß-00''00
Date 8.
lncident Date
b__
__
4
___
__
_
_
T__
___
.
_______“
___
T
“___
.
____
_
_
M
Batch
Bâtch 3#
'"°ide'“
orrèrìsÊ
lncide¡¡t 0”=‘m5"=
Location
Incident Location
lncldent
_
_
__h
____
_
4
E;3_L.'E"’_.Rfl’.l!5.'~_‘s’
_
1017
NJ
STA TE HtGHW.¢.Y 1233. I-tOWl':LL. NJ
1017 STATE
t:i_J_077_3i
_HOWELL.
0773.
HOWELL. r'rJ
.-.--
__
V
__&_
_
lDescriptlon
_c)¢5¢ _'
iPN0"
SdillNùnbcr, Mlli€, Mod.l, .lc
Contactl
Rrcoveled
Contâct/ Recovered
i5-0577-3-1
t5-0577-3"1
MISCELLANEOUS
M¡SCELLANEOLIS
that was
ns¿d an
on
be used
¡o be
tt'as attempted
ßile"tqßtl Io
description: aneu-t¡'gen na$ thut
eta mptt u.\ygenm1rsA'
- [ I.'tlIlif_\':
øtte- ewunplu
tir,r: 1,l brief
brlcf dêE'jt'iptionl
MISCELLANEOUS
t¿flSCELL¡\NEOUS
('.‘ATE(i() W.'i\IISCELLANEOIIS
V:il1
IJ biulm2:n'rI: no
brief tlcscripflon: nvu- emuy.-/v H95
u95 mask:
ntosks user! qu A'r:;'m'. is
qllrmlityz 2? l¡rlcf
CATI-IGOR\’:MISCELIANEOIIS
_l_5'(_)§77'3'3
I
MISCELLMEOUS
lr4lSCELLÀn"EOUS
,
Clc,. lv rr
____________
__
<
_
_V_
_
__
__
__
_
______
__
D.r¡rt¿d
_____A
o7731
..H0!ViL-_ELJ.9_77_31___
HOWELL.
o____._
n°i°'.1P"°"
Oxct'lPlfott
l¡f,ìmi{m r t lai¡l Numb¿r
ClÐl! .l.¡Jrt! ¡,¡ !!vlú.li¡s,l
_A_>
__
.,
__
T.
_.
_
_
MU
_-_.
_.._
y
.
-_
...
CU"““i‘/
Cu¡¡l¡lct /
R°m"°rNl
h!'
Itccor,cretl by
m
rYtld.l- al.
¡Vrl-.' ~
i¡'
_
_
;
vcn
_,,_._
—
_
5:'
DE :'ßozzA
o[2';":lE]‘
DET. D¿\NtEl,
__
_______
_
_
’
-;::.‘;~.-._,,..~._‘ ' _..:.'L%
4
I
-
K
_
y
'
‘-:"§!§7n’a!ure
Property
by:
Recelved by:
Property Received
__
_
____
.
Delivered by:
Property
bi":
Prcperfr' Delivcred
I
______
_
__
__
t¡
__
____
_
P0LlI.‘.‘r' REVIEW
101? STATE HIGHWRY #33. HOWELL.
HOWELL. NJ
"t4¡ 'l¡"il
'r\' 'EGOR\‘:liL.ECTRONlCSlHOUSEI-IOLDAPPLIANCES
crs
one blur/nmnmc cellphone Will!
I hml
qunnmy:
sub
.lascr¡pll0n¡o,t¿tluanenlltcccllphotewitlt
br.Gl descriplmn:
cellphone
category:
cet!phoncqwntity:f
rrtraatogory,
ELECTRONICS/HOUSEHOL
EHOL
Imz'i:0!-10IfiMJ68!94.!
ICS/}IOUS
ELESTRON
hiolî'1rd:
umdcl: c650u, iutct:0!l0lt1t0368ttlt isls hiohnznrd:
mblvur msc. brmld:
-NIH.‘
írunit: harem,
¡niiìtË¡rc¡'c,ac'
b'occlti nnilc!: €650",
LS
D
D MJPHANL
¡\PPl.lANCb.S
ratrìevilfranprÌstillu^
rccot'crtú; rctriemlfrulllpriscillu
\t'll{rc rccovurcd:
ua
bua{l where
i,tuitt buzzu
ilet. zI.:m'n.'I
¡'ccor'crcd by:
b¡'z Met.
r¿ recovered
13:20
10/05/2015
& lime:
tlmc; I 0/0 5f20 I 5 I I 2 0
&!o u ttt!) rccovcrcrl llnle
î os t &foumi)_recovereL
/Ikzr(fomyI
n'cevemt Iasl
nk¿N la u wl In
!¡lc &
,
__
_______
W_____
ti
_§__
Batch?!
Batch #
Incldenl Offense
lncldent
Offense
lncldent
Location
lncldent Location
____,_,,_,
tEvSdenceT\-rm
I E\idrcr 1r'm t
_
_
_
..____
_
___
___
l1\'idcucc
Cntrgory
lìriricncc llcm
lrcm Cmegory
15.n,<77-6-!
I 5-nS??-6. !
L_____
-
___
Defendants
Dêfendents
‘__
W
__
__
_;_
_______
“NH
Iler¡r
Number
ìVumhcr
Submit
COUI'¡TY
lviOFllvlOUTH COUNTY
Agency MONMOUTH
Submit Agency
PROSECIJTOR
PÊOSECIJTOR
Munlclpality
TV'r41
HOWELT TWP
Munlclp¡rlity HOWELL
Case
l¡t[ot ntatio¡t
Nunúer Infounation
Case Number
.’lff-I'1'J}’1:'»
lnvlPD
1 5.00177 1 I
Case ##
lnv/PD Case
PGICSlCase#
PG/CSI Gase # /____V___
Log
lnformatîon
Log Information
Evidence
Proporly ftI _1_§_0_!_:fl
Ev¡doncê Propeny
GE!-!ER:’~L INVESTIG-\T O ~I
Unll
Unlt
09/05/2015
lncldent
8. Tlme
09/051201 5 00:00
00:00
lncld€nt Date
Date &
Tlme
___
“
—
P
H
“
f
I
.
V-1
\
BOZZA,
JR.
DP,NiEL J JR.
POZZ^¡., DANIEL
',
Dale:
Datê:
10/os.'2o15
13:20
1()/0GJ2019 13:26
Dale
Date
1OI06l2015
13:26
10/06120,15 13:26
Print
Nane
Pdnt Name
3
.r'..a.mrurc
2;}:
!;'i
_:
v#'
V
BARNER.
JËFFREY
BARNER, JEFFREY
_
Print
Nane
Print Name
Page
Pâge 11 of1
of f
Prosecutor's
Prosecutor's File
File 0059
0059
flm4&BRM-TJB
Case 3:15-cv-08043-BRM-TJB
Filed 08/04/16 Page 61 of 100 PageID:
Document 62-1 Filed
Page D: 1096
»
y._J&tA:Q$\ln%wL1a¢;uKr
.,
.-I,
{l
.
w
,-
EVIDENCE/PROPERTY
RECE PT
EVTDENCE/PROPERTY RECEIPT
I
-
MIDDLESEX
OFFICE
FXAMINER'S OFFICE
MIDDLESEX COUNTY
COUNTY MEDICAL
MEDICAL EXAMlNER'S
AVE.
LIVINGSTON
1490
1490 LIVINGSTON AVE.
08902
NORTH ERUNSWICK,
BRUNSWICK, NJ
NJ 08902
NORTH
732-745-3190
732-745-319A
..
EVIDENCE/PROPERTYRELEASED
TO:
RÊI€ASED TO:
DECEDENT/OWNER
NTORMATION :
DECEDÉI{T/OWNER INFORMATION:
I
NAME:
TIMOTHY
HARDEN,
HARDEN,TIMOTHY
13-15-0970
13-15-0970
AGENCY:
A6gNCY:
DR KARLUK/CM
CITY:
CIIY:
(orn fkj Pros cm/far: Of-Fm
()
‘P1 oumwm Court
I
ADDRESS:
a00nEss:
el6l2aß
ZIP:
zrP:
FATE:
5TÀTT:
PHONE
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Prosecutor's
File 0061
0061
Prosecuto/s File
Case Document 62-1 Filed 08/04/16 Page 63 of 100 Pagellq: 1098
COUNTY UNIFORM
RECEIPT
DEFENDANT INFORMATION JPY
NAMEIV
ADDRESS, JPY
AGENCY INFORMATION
AGENCY Monmoum Caunly Pmsecuwr's Office
ADDRESS 1512 JersevaIIe Ave
Flaehold' Hm
ZIP 7
N0. PHONE NO
INVEST Del. Dame! Bazzs RACE: SEX:
CODEFENDANTS,
AGENCY CASE NO 91500172
CRIME DATE 09/05/2015
REASON FOR SUBMISSION
(DWNERNICTIM)
NAME Twnolhy Harden (Deceasde I GRAND JUHV
BeImar NJ TRIAL
(SENT. DATE I
PHONE NO: OTHER
INVENTORV
ITEM QTY. DESCRIPTION 4%
I Ina, Mm Maia]
4' Inna omeogfimeg-l/r; WM 91.; [Lee
Paw/A meg amt .3 WM
7/7/15)
CHECK HERE IF ADDITIONAL INVENTORY LIST ATTACHED
HELINQUISHED BV RECEIVED EY
rummI Prosecutor's File 0062
Filed 08/04/16 Page 64 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1099
CONFIDENTIAL
CONFIDENTIAL
NMS
Labs
NMS Labs
åNMS
3701
3701 Welsh
\ô/elsh Road,
Road, PO
PO Box
Bor 433A.
4334, Willow
lMllow Grove.
Grove, PA
PA 19090-0437
19090-O437
Phone:
(215) 657-4900
(215)657-2972
Phone: (215)
Fa¡c (215)657-2972
657-d900 Fax
e-mall: nms@nms abs.com
emall:
nms@nmslabs.e¡m
RobertA.
RobertA. Middleberg,
Míddleberg, PhD,
PhD, F-ABl-‘r,
DABCC-TC, Laboratory
D¡rôclor
F-AtsFT, DABCC-TC.
Laboratory Director
Supplemental
Report
Supplemental Repon
Patient Name
Patlent
Nama
Patlent '°
lD
Report
Report Issued
l¡sued 12/14/2015
1211412015 09:59
09:69
Last
Issued
Last Report
Report lrsued 11/01/2015
111ü/2A15 09:58
09:58
Chain
Y
Age 38
Age
38 Y
Gender
Gsnder
w°"‘°"d°'
Workordar
To:
'10174
To: 10174
Monmouth
Medical Examiner
Monmouth County
County Medical
Examíner
300
Halls Mills
Mills Rd
300 Halls
Rd - 2nd
2nd Floor
Floor
HARDEN,
TIMOTHY
HARDEN, TIMOTHY
°
13-15-0970
11881850
DOB Not
Given
DOB
Not Given
Male
Male
153735“
1.5¿ ?¿L¿ T
Page
Page 1I of
of88
—
Freehold,
Freehold, NJ
NJ 07728
A7728
M?
Positive
Findings:
Posltlve Flndlngs:
K:-I
Qnmimund
Compound
Result
Result
Ethanol
Ethanol
113
113
0.113
0.113
Blood
(BAC)
Goncentretlon (BAC)
Blood Alcohol
Alcohol concentration
Naioxone
Neloxono
11-Hydroxy
Delta€ THC
TllC
l1-Hyûory Delta-9
Delta-9
THC
D€ t .9 THC
Benzoylecgonine
Benzoytccgpnlne
Creatlnine
(Vitreous Fluld)
Creatlnlne (Wtnour
Fluld)
Sodium
Fluld)
Sodlum (Vitreous
{Vltreour Fluld)
Potassium (Vitreous
Fluld)
Potrrelum
Mfrour Fluld)
Chloride
(Vitreous Fluld)
Chlo¡ldc (Vltreous
Fluld)
Urea
Nitrogen (Vitreous
(Vltmous Fluld)
Fluld)
Urua Nltogen
cocaine
Metabolites
Cocelne /I lletebolltos
canneblnolds
Csnnablnoldr
Creatlnlne
Creallnlne
Testosterone
Têttoúsrone
units
Ito¡¡Ê
mgldL
mg/dl
mL
9/100
9ú100 rnL
ngImL
nglmL
ngImL
nglmL
ngImL
ngrmL
ngImL
nglmL
mgIdL
rñgrdL
Positive
Poslüve
1.0
t.0
1.7
1.7
150
150
0.95
0.95
mmoIIL
mmoUL
137
137
10
10
122
122
12
"t2
mmoIiL
mmol/L
mmollL
mmoUL
Presump
Por
Prerump Poe
Presump
Prssump Poe
PoB
Epltestosterone
Epltertoeterone
TestosteroneI
Ratlo
Ep¡têttotterona Ratio
TGûþttrrone, Epltestosterone
522.7
622.7
48
48
4.0
4.0
12
12
mgIdL
mgldL
ngImL
nglml
ngImL
ng/mL
mglL
mS/L
ngImL
ng/mL
ngImL
nglmL
MiIl:‘D$_5.D.I. .l:l2fl
ilatrix Source
O01
Femoral Blood
001 'Femoral
Blood
Femoral Blood
001
Blood
00r - Femonl
Blood
O01
Femoral Blood
001 - Femoral
001
Femoral Blood
Bood
001 - Femoral
O01
Femo¡al Blood
Blood
00r - Femoral
001
(xll - Femoral
Femoral Blood
Blood
002
Fluld
vitÉor¡t Fluid
o02 - Vitreous
002
Vltrcot¡s Fluld
Fluld
042 - Vitreous
002
Fluld
o02 - Vitreous
Vit¡souc Fluld
002
Fluld
002 - Vitreous
Vltrsous Fluid
002
Vitreous Fluld
Fluld
0a2 -Mtreoue
003
Urlne
0lr3 - Urine
003
(Xt3 - Urine
Urlne
003
Urlne
003 - Urlne
003
Urlne
003 - Urlne
003
Urlne
003 . Urine
003
Urlne
003 - Urlne
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Detailed Findinge
See
Findings action
for additional
infonnation
sect¡on for
addilional information
See Detailed
Testing
Requeated:
Tectrng Requested:
Analysis
Code
Analyrlr Code
1919FL
1919F1
8050U
8050u
B0528
80528
OB
B21
82108
8756B
87568
9306U
s306u
95668
95668
Description
tÞscrlPtlon
and Glucose
Electrolytes
Fluid (Forensic)
PEnel (Vitreous),
Glucose Panel
Electrolytes ãnd
Mtreous), Fluid
Add-on (6-MAM
Postmortem
(6-{IIAM Quantification
Quantification
Urlne Screen
ScreenAddon
Postmortem Toxicology
Toxleology - Urine
only)
only)
Blood (Forensic)
Postmortem
(Foronsic)
Expanded, Blood
Toxicology - Expanded,
Postmortem Toxicology
Substances
Novel
(NPS)
Psychoactive Substancês (NPS) Screen
Blood
Screen 2,
2, Blood
Novel Psychoac{ive
Screen
Substances
1,
Novel
(NPS)
Blood
(NPS)
1, Blood
Psychoactive
Scraen
Substances
Novel Psychoactíve
-
-
Anabolic
Urine
Steroids Screen.
Anabolic Steroids
Screen. Urine
Postmortem
(Add-On),
Screen (Add-On).
Slntheüc Cannabinolds
Cannabinolds Screen
Toxlcology - Synthetic
Postmortem Toxicology
Blood
Blood
-
Specimens
Recalved:
Spcolmenc Received:
ID
Tube/Contalner
lD Tubelcontainer
Volume!
Volume/
Mass
ilett
001
vlrhtte Plastic
PlÍlsflc Container
contalnor
001 White
20
20 mL
mL
Collection
Collocüon
Daterrime
Datommo
Not
('tv€n
NOf Given
Source
Matrix
ilatrix Source
Miscellaneous
tllscellansous
Information
lnformaüon
Femoral
tslooo
Femoral Blood
v.16
v.16
Prosecutor's
File 0063
0063
Prosecutor's File
Filed 08/04/16 Page 65 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1100
NM
&år\MS
CONFIDENTIAL
CONFIDENTIAL
Workorder
Workorder
Chain
Chain
Patient
Patient ID
lD
,
'
'
I
15272629
15272629
11881850
1
1 881 850
13-15-0970
1 3-1 5-0970
V
Page
Page 2
2 of
of88
ID
TubelContalner
lD Tube/Container
Voiumel
Volume/
Mass
ll¡3s
NotGlvan‘
Not Givên
002
002 White
whnB Plastic
Plastic Container
mL
Çontalner 1.75
1.75 mL
003
35 mL
Clear Plastic
Contalner 35
003 Clear
Plastíc Container
mL
Miscellaneous
lllscallaneous
Matrix
Matrlx Source
Source
Collection
Collectlon
Daterrlme
tlatelTlme
‘
Not
Not Given
Given
“
Vltl'eOLlS
Vitr€ous Fluid
Fluld
'
Information
lnformatlon
'-’
‘
Urine
Urine
All
All sample
volumesôveights are
approx¡mations,
sample volumes/weights
are approximations.
09/11/2015.
Specimens
Spec¡mens received
recelved on
on 09/11/2016.
Detailed
Flndlngs:
Detalled Findings:
Analysis
Commonts
Analycle and
and comments
Units
Unlte
Result
Result
113
mgIdL
mg/dL
113
Ethanol
mL
0.113
g/100
0.113
BloodAtcohol
9/100 mL
Concentration
(BAC)
Concentration (BAC)
Positive
Naloxone
ng/mL
nglmL
Positive
Naloxone
ng/mL
11-Hydroxy
ng/mL
1.0
Delta-9 THC
1l-Hydroxy Delta-9
THC 1.0
1.7
THC
Delta~9
nglmL
1.7
ng/mL
Daft¡a-9 THC
ngImL
Benzoylecgonine
ng/ml
150
Beruoylecgonine 150
Confirmed
Ethanol
rnS/dl
Confirmed mg/dL
Ethanol
0.95
Creatinine
mgIdL
Fluid)
(Vitreous
mg/dl
0.95
Crealinine Mreous Fluid)
mmoi/L
Sodium
mmol/L
137
Fluid) 137
Sodium (\/itreous
Mtreous Fluid)
mmol/L
Potassium
(Vitreous Fluid)
1O
mrnollL
Fluid) 10
Potassium (Vitreous
mmol/L
Ch on'de Mtreous
'122
mmol/L
Fluid) 122
Chloride
Mtreous Fluid)
Glucose
Detected mg/dL
mg/dL
(Vitreous Fluid)
None Detected
Fluid) None
Gtucose (\/itreous
mg/dL
Urea
mgldl
12
Nifogen (Vitreous
Urea Nitrogen
Mfeous 12
Fluid)
Fluid)
Pos
ng/mL
Cocainel
ng/rnL
Presump Pos
Metabolites Presump
Cocaine / Metabolites
Ethanol
Blood Alcohol
Rpt.
Rpt.
Source
Umlt Specimen
Speclmen Source
001
10
Femoral Blood
Blood
10
001 - Femoral
Blood
Femoral
001
0.010
Femoral
Blood
0.010 001
1.0
Blood
001 - Femoral
Femoral Blood
1.0 001
Femoral
001
1.0
Blood
1.0 001 - Femoral Blood
0.50
(þ1 - Femoral
Blood
Femoral Blood
0.50 001
Blood
Femoral
001
50
00'l - Femolal Blood
50
001
10
Blood
001 - Femoral
Femoral Blood
10
002 - Vitreous
0.050
Fluid
Vitreous Fluid
0.050 002
Vitreous Fluid
002
80
Fluid
@2 -Mtreous
80
1.0
Fluid
Vitreous Fluid
002 - Vitreous
1.0 002
002 - Vitreous
70
Fluid
Wreous Fluid
002
70
002
35
Fluid
Vrtreous Fluid
002 - Vitreous
35
Vitreous Fluid
3.0
Fluid
0O2'Vitraous
3.0 002
150
Urine
003' Urine
150 003
umlt
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Analysis
Analysls By
By
GC
Headspace
HeadspaceG0
Headspace GC
Headspace
GC
LCITOF-MS
LC/TOF-MS
LC—MS/MS
LC-MS/MS
LC-MS/MS
LC-MS/MS
GC/MS
GC/MS
Headspace
H€adspace GC
GC
Colorimetry
Colorimetry
Chemistry
Chemistry
Analyzer
Analyzer
Chemistry
Chemistry
Analyzer
Analyzer
Chemistry
Chêmlstry
Analyzer
Anelyzer
Chemistry
Chemistry
Analyzer
Analyzer
Chemistry
Chemistry
Analyzer
AnalYzer
EiA
EIA
gs GC/MS
is recommended.
recommendêd.
GC/MS is
This
such as
tochnlque such
by a
a more
more definitive
definltive technique
Confrmallon by
screen. Confimiailon
Thls test
test is
fs an
an unconfirmed
unconfirmed screen.
EIA
Urine
003
20
EIA
Pos
Urine
ngImL
003
Cannabinoids
20
Presump
ng/ml
Cannabinoids Presump Poe
recommended.
is
GC/MS
such
as
definitive
technique
Confirmation
more
a
is
recommended.
screen.
unconfirmed
GC/MS
testis
This
such
as
by
an unconfirmed screen. ConlTrmation by a more dafinÍtive technlqua
This test ís an
Calorimetry
100
Colorimetry
522.7
003 - Urine
Ufinê
mg/L
Creatinine
100 003
mg/L
522.7
Creatinine
LC-MS/MS
Urine
003
2.0
LC'MS/MS
48
Urlne
ng/mL
003
Testosterone
2.O
ng/mL
Æ
Testosterone
LC-MS/MS
LC-MS/MS
003 - Urine
Urine
ngImL
2.0 003
ng/mL 2.0
Epltestosterone
4.0
Epitestosterone 4.0
LC-MS/MS
Urine
003
LC-Ms/Ms
12
003 - Urine
TestosteroneI
12
-
-
-
—
Tsstosterone
/
-
Epitestosterone
Ratlo
Epítestosterone Ratio
reveal any
poûltlve findings
of
flndlngr of
any positive
dld not
notreveal
Other
cubmltted did
epeclmen(s) submitted
of the
the speclmen(e)
examlnaíon of
flndlngs, examination
¡bove findings,
tñe above
other than
than the
Summary.
in
the
outlined
accompanyingAnalysis
Summrry.
Anrlysls
procedures
by procedures outllned ln the accompenylng
toxicologicalsignificance
toxlcotoglcrl slgnlllcance bÍ
Reference
Comments:
Reference Comments:
1. 11-Hydroxy
Blood:
(Acnive Metabolite)
Femoral Blood:
THC (Active
Metâþolite) - Femoral
Dalta-9 THC
11-Hydroxy Delta-9
1.
-
(THC) the
lhe active
active
of tetrahydrocannabinol
têbahydrocannab¡nol (THC)
metabolite of
11-Hydroxy
intermediate metabolite
THC is
is an
an active
ac{ive intermediate
Delt+9 THC
11-Hydrory Delta-9
after smoking.
smokìng'
THC levels
levels after
peak levels:
10% of
than 10%
of THC
Less than
component
levels; Less
Usual peak
marijuana. Usual
of marijuana.
comóoneni of
v.16
v.16
Prosecutor's
Prosecutor's File
File 0064
0064
Filed 08/04/16 Page 66
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
P
ID: 1101
6.6 offl
100 PageID:
MS
&&l.,lMS
CONFIDENTIAL
CONFIDENTIAL
Workorder
Workorder
Chain
Chain
Patient
Patlent to
lD
.
!_
15272629
15272629
11881850
1 1 881 850
13-15-0970
13-15-0970
i
I
2
Page
Page 3
3 of
of I8
Reference Comments:
Referunce
Comrnents:
2. Benzoylecgonine
Benzoylecgonine (Cocaine
product) _ Femoral Blood:
(Cocaine Degradation
Degradation Product)
2.
-
Femoraf Blood;
Benzoylecgonine
Benzo-ylecgonine is
metabolite and
is an
an inactive
inadive metabolite
and chemical
chernical breakdown
Cocaine is
DEA
breakdown product
product of
a DËA
of cocaine.
cocaine. cocaine
is a
schedule
central nervous
schedule itll controlled
conl¡olled c€ntral
nervous stimulant
st¡mulänt drug.
drug. Effects
Ereas following
iollowing cocaine
cocalne use
euphoria.
use can
can include
lnclude euphoria,
excitement.
excitement, restlessness.
restlessness, risk
taking, sleep
risk taklng,
steep disturbance.
disturuaãcu, and
mental and physical
ano aggression. A
period oi
A period
of rnentat
physical
and
fatigue
follow the
þtigue and
use of
ånd somnolence
sotnnolencs follow
the excitant-stimulant
"ttiãision,
the ùse
eflectrs wear
of cocaine
off.
bcalne after
afrer ihe
exciãnt+timulant
ersae
wáaion
Benzoylecgonlnehas
hall»lileof
Eenzoylecgonlne
hours. The
has aa half-life
of 6
6 to
to 10
10-lnulq.
rne average
concentration in
averatô blood
g06
benzoylecgonineconcentration
oìãóo banzoytecgonine
in 906
impaired
was 1280
'1280 ngImL
lmpelred drivers
5 - 17600
drivers-was
ng/ml (range
(range.S
blood concentrations
t76oo ngfmL).
in
Benzoyleogonine
ng/nl), Ëãruãirecgontne
blood
pãtient*
concentrations
in patients
admitted
to
an
for
room
admltted to ân emergency
related rñø¡,å¡
medical complaints
emergency room rc,i cocaine
1280 nglmatsol
coãatne-relabd
ngImL (SD 1290
comÈräinË were
we¡,a reao
rzso ngImL)
ns/mL).
Benzoyiecgonlne concentrations
Eonzoylecg_onine
oral administration
concentrations in
plasm3.following
following orat
¡n plasma
of cocaine over
6 days.
adminiítrãT¡on of2
gtdaioräoi*
of 2 g/day
ou";ü;Ë:""
-
=
averaged
ng/mL. The average blood
averaged 4900
4900 ndry!,-Th9
37 ócaine
cocaine retateo
blood benzoyiecgonine
related fatalities
benzoyldponine concentration
was
concentration in
inã7
fatalitlài'was
7900
nglmL (range
(range 700
7900 ng/ml
700 - 31000
91000 nglml.)
ng/ml).
-
3.
Cannablnolds - Urine:
3. Cannablnoids
Urine:
Cannabinoids
Cannabinoids are
derived from
aro chemical
chemical compounds
compounds aeri.v{
plant Cannabis
from the
lhe plant
(marijuana), including
Cannabls sativa
sativa (marijuana).
íncluding active
aclive
components.
compon€nts, chemical
chêmicalcongeners
congeners and
is
the principal
and metabolites.
metabollles. Delta-9—TetrahydrocannabinoI
DBlta-'+Tetrahydrrrcannabinà (THC)
active
ís'ihó
ffr:lCl
frincilalaøive
component.
component.
-
4.
4.
This
This result
result derives
presumptíve test.
derive-s from
from a
to cross-reactivity
a presumptive
test, which
whích may be
be subject
subject to
cross-reactivity with
with non-cannabinoid
non-cannablnold
related
test ls
is necessary
refated compounds.
to confirm
cornpounds. Asecond
Asecond test
necessary to
coriñrm the
presence of
theþresence
of cannabinoidrelated
cannabinoid related compounds.
compounds.
Chloride (Vitreous
Chloride
Fluid) - Vitreous
Vltreous Fluid:
Fluid:
ffireous Fluid)
Normal:
Normal: 105
105 - 135
l3S mmol/L
mmol/L
-
-
5.
5. Cocaine
Cocaine I/ Metabolites
Metebolites - Urine:
Urine:
Cocaine
Cocaine is
is a
a central
central nervous
nervous system
system stimulant
stimulant and
and drug
drug of
of abuse.
-
abuse.
This
a presumptive test.
This result
result derives
d€r¡ves from
Êom.a
test, which
which may be
be subject
subjed to
to cross-reactivity
cross-reâd¡vlty with
with non-cocaine
non-cocaine related
related
compounds.
to confinn
the presence
compounds. A
A second
second test
test is
cocaine related
is necessary
nec¿ssary to
presence of
confirm thà
of cocaine
related compounds.
compounds.
6.
Creatinine - Urine:
6, Creatinine
Urine:
U.S.
Population
U.S. Poputation (10th
(l0th - 90th
percentiles, median)
90h percentiles,
medfan)
All
participants: 335
AJlparticípants:
335 - 2370
2920 mgIL.
mg/L, median
(n=22,245)
median 1180
11BO (n=22.245)
Males:
Males: 495
495 - 2540
2540 mg/L,
mg/l, median
rnedian 1370
(n=10,6fb)
1320 (n=10,610)
Females:
2170 mg/L.
gg4 (n=11.635)
Females: 273
273-2170
mg/L, median
median 994
(n=il,6Oi5)
7.
Creatinine
7. Creatinine (Vitreous
(Vrtreous Fluid)
Fluid) - Vitreous
Mtreous Fluid:
Fluid:
Nonnal:
Normal; 0.6
0.6 - 1.3
1.3 mg/dL
mgtdL
Delta-9
8.
THC
(Actíve ingredient
8. Delte-g THC (Active
Marijuana) - Femoral
lngrêdient of
of Marijuana)
Femoral Blood:
Blood:
-
-
-
-
-
-
-
-
Marijuana
Maríjuana_ is
is a
a DEA
DEA Schedule
Scfredule iI halluclnogen.
halluclnogen. Phannacologicaliy.
Pharmacologicslly, itit has
has depressant
depressant and
and reality
reality distorting
distorting effects.
effects.
Collectively.
Collectivel¡ the
the chemical
are known
chemícal compounds
compounds that
thãt comprise
comprlse marijuana
marijúanaäre
known as
as Cannabinoids.
Cannabinoids.'
Delta-9-THC
pdnciple psychoactive
Delta-9THC is
ls the
fhe. principle
psychoactive ingredient
marijuanamashlsh. itlt rapidly
lngrêdlÉnt of
of manþana/hashlsh.
repidly leaves
leaves the
blood, even
the blood.
even
below detectable
during
failing to
within sev-oral
during smoking,
smoking,.fallirrg
several hours.
totelow
deteciable levels
levels within
HCC) is the
hours. Delta-9-carboxy-THC
Delta-9äróoxy.THo (T
the
[rHGC)'is
to one
inacl¡vÊ m6tãbolito of
delta-9-THC and
of THC
THC and
and may be
day or
be detected
detscted for
for up
up lo
one day
or more
rnore in
in blood.
blood. Both
eótn ¿eÈ-+fHb
and
THCC may
be present
may be
THCC
present substantially
substenüally longer
fonger in
ln chronic
chronic users.
ijsers.
THC concentrations
THC
concentrgtions]nin blood
usually about
blotil. are
are usually
sbout one-hall
one-half of
of serumlplasma
serum/plasrna concentrations.
peak levels
concentrstions. Usual
Usual peak
levels in
in
1.75% or
serum
serum for
for 1.75%
9 minutes
or 3.55%
cigarettes: 50
to
3.55% THC
THC marijuana
ngimL at
maríjuana cigarattes:
60 - 270
270 ngiml
at 6
minutes after
I
to g
afler beginning
beginning
smoking.
6moklng, decreasing
decroasíng to
ngfmL by
less than
to less
than 55 ng/mL
by 2
2 hrs.
hrs"
9. Epitestosterone
Epilestosterone (4-androsten-l7alpha-ol-$one) - Urine:
Urine;
Epitestosterone
anabolic androg€nic
Epitestosterone is
that is
an endogenous
endogenous anaþolic
androgenic steroid
is an
prohibited by
st€roid that
¡s prohibited
by the
2010 World
the 2010
World Anti-Doping
Ant¡-Doplng
Code
recommends additional
Code when
wl¡en administered
administered exogenousiy.
exogenously. WADA
W,ADA recommends
additionat testing
testing of
of any
airy total
total epitestosterone
epitestosterone
concentration
concentration greater than
ng/mL.
than 200
200 ng/mL,
10.
(EthylAlcohol)
Alcohol) - Femoral
10. Ethanol
Ethanol (Ethyl
Femorat Blood:
Blood:
inactive metabolite
-
9.
(4—androsten—1Yalpha-cl-3-one)
—
-
Ethylalcohol
(ethanol, drinking
dnnking alcohol)
Ethyl
ãfcohol (ethanof,
alcohol) is
depressant and
as
is a
a central
centraf nervous
nervous system
system depressant
and can
cân cause
cãuse effects
effecls such
such as
impairedjudgment.
impairod judgment, reduced
coordination. Ethanol
reduced alertness
aler:lness and
and impaired
impaired muscular
muscular-coordinai¡on.
product of
Ëthanol can
can also
also be
be a
a product
of
'¡e
decomposition
alcohol concentrations
decomposit¡on or
concentrations (BAC)
or degradation
degradation of
biological samples The
of biologicalsamples
The blood
blood alcohol
(BAC) can
can be
expressed
expressBd as
as aa whole
whole number
mgIdL or
number with
with the
the units
of mg/dL
units of
or as
a decimal
dedmsl number
as a
number with
with units
unlls of
of g/100
mL which
which is
ls
9/100 mL
wlv. For
equivalent
equ¡valent to
to %
Vowlv.
mgldL equals
For example,
øxample, a
a BAC
BAC of
of 85
85 mg/dl
equals 0.085
0.085 g/100
mL or
or 0.085%
0.085% w/v
wlv of
of ethanol.
ethanol.
9/100 mL
16
v.
v,16
Prosecutor's
Prosecuto/s File
File 0065
0065
Filed 08/04/16 Page 67 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1102
kN
À¡{MS
CONFIDENTIAL
CONFIDENTIAL
Workorder
Workorder
Chain
Chaln
Patient
Patlent ID
lD
_
15272629
15272629
11881850
11 881 850
13-15-0970
I 3-1 5-0970
1
Page
Page 4
4 of
of 8I
Reference
Reference Comments:
Commentg:
11.
11. Glucose
Glucose (Wreous
(Vitreous Fluid)
Fluid) - \/treous
Vitreous Fluid:
Fluid:
Normal:
<200 mg/dL
Normal: <200
mg/dL
—
Postmortem vitreous
glucose concentrations
Postmortem
v¡treous glucose
concentrations >200 mg/dL
mg/dl are
are associated
associated with
with hyperglycemia.
hyperglycemia.
Sinoe
postmortem vitreous
glucose concentrations
SincÊ poslmol"tem
and in
vllreous glucose
rapidly after
concentrations decline
decline rapidly
añor death
death both
both in
in vivo
vivo and
in vitro,
vitro, care
care
should
of results.
vitreous glucose
should be
be taken
in the
been noted
traken in
tho interpretation
interpretation of
glucose for
resulls. Stability
Stability of
of vilieoús
for up to
to 30
30 days
days has
noted
has Þeen
when specimens
by NMS
by
NMS Labs
Lebs when
speclmens are
are maintained
(-20°C).
malnhined frozen
trozen ZO"C¡.
12.
Blood:
(Narcan@) - Femoral
12. Naloxone
Naloxone (Narcan®)
Femoral Blood:
Naloxone
narcotic
is
effects of
Naloxone ls a
a narcotic antagonist
antagonist used
used to
to counter
count€r the
ths central
central nervous
nsrvous system
systom depression
depresslon effec{s
of opioids,
opioids,
including
depression.
including respiratory
deprassion. itlt is
is also
also used
used for
for the
lhe diagnosis
diagnosis of
of suspected
susþeaed acute
opioid overdosage.
overdosage.
acuto opioid
çspirqlory
Naloxone
is available
mg/mL solution
Naloxone is
available as
as a
a 0.4
0.4 mg/mL
parenteral injection.
solution of
of the
the hydrochloride
hydrochloride for
injecion.
br parenteral
-
Naloxone is
in combinationwith
treatment of
Naloxone
also available
ls also
availaHe ln
e¡rnbination with buprenorphine
[Suboxone®) for
buprenorphine (Subo
No
No
Flmarms
Flrearms Discharge
Dlschargo
tnhnttonal
I Intentional
Rcc¡oenta¡
E Accmmal
n Canine
3
I
rd hl
Sex
mg§ (check-a’l that uppty)
Realsted
pollce ofllcer
Reslsled police
ofilcer control
control
officer or
Physical
Physlcaf threat/attadt
threaUattack on
or another
on offcer
anolher
E
Yes
Yes
Kllled
Killed
A
N/A
1/ Compliance
Gompllance hold
holcl
Handsltlats
Hends/ñst8
7‘ Klckalfeel
Klcks/Ëel
EI
I Chemlcallnatural
Ch€rnlc¡Unalural agent
agent
Strlkeluse
obþd
Stdlcl/use baton
belon or
or other
olhor object
E
3
Injured
lnjur€d
change‘
Gh8fgeE
0
unoer the
ttre Influence
lnfruence
fJ Under
fl
Kllled
Klll6d
No
No
Uniform
Unlform
Yes
Yes
77
Stop
Other (apegL)
(check all that apply)
Hream
FllBarmg D,sc,,,,ge
Dlscharg€
mtenuom
rnþnt¡onat
Accldemal
flRob"nt.t
D
E
Numberof
Fired
Numbor of Shaw
Shot3 Flred
Number°'
Numbor
of Hus
Hlts
(Use
(Use UNK
unknorvn)
UNK If
lf unknown)
I
_
met more than two aubJ_o_cta In th1lI_
FORCE REPORTS.
thlr lncldent. attarch
rtlrch addltlonal
rddltlon¡l USE
USE OF
OF FORCE
#4:/j_
( /ú^{f#éfl
183768/2015
Datc:
09/08/2015
h 9 reviewed
promfiy address
(SUPERVISOR)
any issues
issues as
as they
(SUPERVISOR, II hereby
utd have
haw promptly
addnss any
fâey may
may L
and completeness
conpldanøss and
høúby certify
this Use
al Force
Fone report
rcpoil for
lor accuracy
accunoy and
ætlìty thatl
that I hah
nvldved this
Use of
ecommendations to modifypolicy;apply remedial training beyondwhat can be
to policy interpretation. training. weapons or equipment or discipline. RRewnmenddícrl,stonoditypdlcy:applyranedialtninlngbdyoñwhatcanbe
pertain
paftainlopolbyittlorpntdìwr,tnining,weepnsorequipnent,udisciplirc.
be thoroughlydocumented and
performed
by me. to wit: modify policy; change weapons, equipment or tactics; or applydiscipline beyond my capabilities shall
pe¡lo¡nadbyme,towlt:modilypol@:ohangewapws,equlpmrûortactlæ;orrylydiæiplinebeyondmyeapaôi/iilras
sâollôellproughlydæunentedand
._
.
of commandto
the Chief
of Palice._
forwarded
Police,
clnln oî
ænnand tolhs
Chielof
thmygh thechain
tu*zrdúthrowhlhe
Prtnt
PrlnÍ supo
1s7or~Narne:/Lg’ flm
_
zsî
_
‘
lsupo ;o j:f;fl>
-
-
712010
l
Prosecutor's
File 0072
0072
Prosecutor's File
Filed 08/04/16 Page
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1109
Page 74 of 100 PageID:
HOWELL
HOWELL TOWNSHIP
TOWNSHIP POLICE
POLICE DEPARTMENT
DEPARTIIENT
USE
USE OF
OF FORCE
FORCE REPORT
REPORT
A.
A. Incident
lncldent Information
lnformatlon
Date
Time
9/8/2015
st8t2015 1452
1452
Tvos of lnddeflt
.T.Y&
Crime In
ln Progress
Progmos
[-l0dme
I
Day Br Week
Location
rucroeur NUMBER
pRtËDAlNEn-ATVtAN socrerv
SATURDAY
1017 RT
RT 33.
33, PRIEDAINEILATVIAN
5.3971 5
SAÏURDAY 1017
SOCTETY 1
15-39715
Other
Ottrer Dispute
Dlsgne
Domestic
oomestc
I
spedty) DISORQERLY PEi3_SONlASSAL£T
LT
B. Officer lnfonnation
lnformation
.1 Other
Name
(L¡st, First,
Middle)
Name (Last.
Flrst, Mtddle)
Badge
B.dgo #
f
AUSTIN,
AUSTIN, NICHOLAS
NICHOLAS
Rank
RânK
PATROLMAN
PATROLMAN
Race
Race
Sex
Sex
654
654
Duty
Duty Assignment
Ae8lgnmenl
Suspicious
Swpldous Person
Pereon
M
M
Injured
lnJurcd
Age
Age
W
W
Yeare
YðarB at
of Service
Süvlca
PATROL
PATROL
TratflcStop
aop
flrramc
27
27
On-Duty
On-Duty
2.5
2.5
W
W
STATUS
'
'
:~
(check all that apply)
t
Thraalenedlattecired
Threalcned/attaclcd otfioer
oficer or
or anotherwith
another wttñ blunt
blunt objed
obJed
Threatenedlattacked
Tìrsalenod/stt cfted otiicer
oflloêr or
or anotharwith
anothor wllh knifeloutting
knlfcúcuílnS object
obþcf
Threatenedlattacked
Ttroslanod/altacted otticar
oficor or
anolhcr wflh motor
or anotherwith
motor vehicle
vehlcle
0ttrgr_(SP8 '«'“Y)
C2.
c2, Subject 22
Sex
Ssx
E
>
YES
YES
NO
NO
_l
n Flmams Discharge
Flrearms Dbcñarge
lnt"r,u*rt
D lmemma,
I
k
Awdemal
n
"r"nt.l
Number
Number 01
of Shots
Shotr Hmd
Flred
Numberof
‘S
Numberof HI
Hlts
(Use
”"k"°w")
(Uee UNK
UNK Iflf unknovrn¡
—‘
.
hi
a
Threatened/attacked
ottioer or
fhrp¡tened/att¡cl(êd ofrcðr
or anotherwith
anolhor nlür blunt
blunl object
obJcd
Threatened/attacked
knlte/cutting object
Thrcdcnod/sttd(od otticer
oficer or
or anotherwith
amther wth knllê/cútlng
objed
Tirraatenedlattached
TùrÊalened/attr(fted ottioer
oftcer or
or another
another with
wlû motor
motor vehicle
whlde
Threatened
Th¡eeterpd otficar
ofioor or
or anotherwith
anolhor wlth tireann
frroarm
Fired
at
otticer
another
or
Flrêd åt olÍcor or anolhsr
other
qrt"rtro"alrl
(epegiy)
E
ff
_
>
Weapon
Wcapon
Injured
lnjuf€d
'
Killed
K¡fled
(.;nårgeg
°"“'“°°
A"°"°"
An6s¡Êd
Under
the rnrluence
unOertte
tnlþonce
that apply)
§umgg1;s_Ama_rg (check
(droc* all
sll that
spply)
Reaisted
ottloer
control
police
poÍce
Reslsted
olllcer confol
i__
Physical threat/attack
Phrßlcal
thruauattacft on
on otiicer
oficâr or
¡nolher
or another
_
Age
Age
Race
Rece
Condition (specify)
oln"r Un**l0ondtüon
(epeclfy]
Ij OtherUnusual
__
I
Killed
Killed
Other
Olher (specify)
Name
(Last, First,
Nånc (Last.
Flrst, Middle)
Mlddle)
E
injured
lnjured
(check all that apply)
apply)
3
Threatened
otiicer or
another with
ThÉalenêd olïcêr
or anoll¡er
wlth firearm
ffrcarm
Fired
Flßd at
åt otiioer
oficer or
or another
rnothêr
I
i
/ Compliance
compllanco hold
hold
Handslfisis
Handsfisle
Kicks/feet
KIcllÍrst
Chemicallnatural
Chanlcallnalural agent
agent
Strikeluse
Strlke/use baton
baton or
or other
othtr object
object
Canine
Canlrp
thnaatlattackon
another
Physical
Phlrlcâlthrçat/atlack
o¡ ottioer
oficor or
or ¡ndher
Weapon
w88pon
NO
NO
A
N/A
NO
_
oe otiioer
Redsted pollca
ofreer control
control
_
38
38
r°"°'9°‘
chåfgBs
""°“°"
rurgEted
I under me
MENTAL STATUS
the mauenoe
lnfrr¡ence ALTERED
ALTERED MENTAL
flunc"r
Other
Unu¡u¡l Condition
(Bpoclfy)
Condltion (specify)
flomr Unusual
Age
ABC
M
M
I
YES
LYES
YES
YES
Race
Rsco
Sex
Sox
HARDEN,
HARDEN, TIMOTHY
TIMOTHY
NO
NO
Uniform
Unlfum
C1.
the subject of the use oi torco by_the
ct Stfiriect 1I (List only the
thê person who
t#ro was
was thê
otñcer listed
the officer
llrtêd In
ln Section 8.)
Name
(Lårt, First.
Nanc (Last.
FlËt, Middle)
Mlddlo)
I
Killed
Kllled
NO
NO
Compliance
Comdlancè hold
hold
Handalfiats
Handofigl¡
Klokallaet
Klckdfo€l
Chemicallneturat agent
ChsnlcsUnatural
aosnt
Strikeiuse
Strke/use baton
brton or
other object
or other
oblecd
Canine
Canlno
(check all that apply)
u F,,ea,.ms Dlschame
V
Fhearms Dl3cha196
E
I
,mem,m,
htenttonal
mldema,
R.t¿.rrttt
Number
Numbêr of
of Show
Shots Wed
Fked
N
um ber of
of HRS
Hlls
Number
(Use UNK
(Ute
if unknown)
unknwvn)
UNK if
—-
Other
(specify)
onert¡pecrvl
lfthlaotflcarused tarcpygainat more
molu th¡n
twa subjects In
ln this incident, attach additJor_1_r_ _t_USE OF FORCE REPORTS.
t_han two
Signature:
ut*'";bJ4
/U
'
-'G s* ,l
Date:
Dale:
4/
37/ / 3
4/u/r1-
,_
I hefo}qmlíty
by certify that
(SUPERVISOR)
that II have
hws reviewed
nvte*ed this
thls Use
Farca report
Uso at
ol Force
ßwt for accuracyand compIete_nE and hey?promptly address any issues as theymay
fSU.PF{W,S?.el { he
pertain
or equipment,
pûøin to
plicy interpretation,
to modify
to policy
interynldior., training,
training beyond
lralning, weapons
weryns or
potlicy; apply
equipmnt, or
or discipline.
dtsdplìne, R
R eoommendations
eænnonddions io
ndìly policy,‘
ranitdiattninlng
byond what
what can
õan be
tn
Wty remedial
performed
by me, to wit: modify pollcx change weapons, equipment or tactics; or apply dlsclpline beyondmy capabilities
be thoroughlydocumented and
shall
úallbathororAhlytlocumentedand
Yíomad!.Ynerlowil;modttyrrllktrchangevaapws,orytpmntortac'tics;orapplydtsclplinebeyondnycapaOildiós
forwarded
l a¡ded thm
hougþ thechain
lùe ¡ 1dn command
o{ ænnnand to
ta the
ffi e Chief
Chief of
of Police.
Pdìce.
Print
our Name:
mnt Supe
ÐsDoM8or
Ndne:
''""o*ff"'*rr4
_
97“?
/¡/&fr*, #aq
7-M;r A/at/LT/~
Supe Wt’ Slsrnatwcr
'
7/2010
Prosecutor's
Prosecutor's File
File 0073
0073
Filed 08/04/16 Page 75 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1110
HOWELL
TOWNSHIP POLICE
HOWELL TOWNSHIP
POLICE DEPARTMENT
DEPARTMENT
A.
Incident lnfomtation
A. lncldentlnformatlon
[F09/05/2015
a-te
14:52
14:52
Time
Tlme
Daþ
__
I
Day
Day ofweek
of Week
Saturday
Saturday
09/05/2015
T "£2Lit'&i9sol
is
Tvos
of lncldont
Crime In
iñ Progress
Prograse
Ecifrne
USE
FORCE REPORT
USE OF
OF FORCE
REPORT
Domestic
flDomo*ic
Location
INCIDENT NUMBER
1017
1017 Rt.
Rt. 33
33
15-39715
15-39715
Other Dtspute
Dispute
Traffic Stop
Suspicious
Person flTrafffc
$usplcious Person
Stop
[
f]ohor
Disordorly i:erso_n/Assault
Person/Assault
3 0",e,(sped,y)
Eloher
t¡peat¡ Disorderiy
B. Offlcor
Offlcer Infomtatlon
Name
(Last, Flret, Middle)
Namo (Lerrt.Tiret.
Mlddle)
Migdon, Michael
Michael
Migdon,
Rank
Rank
Patrolman
Patrolman
I
sedge:
B8dge I
Sex
Sgx
645
645
Duty
Duty Assignment
AeElgnmenl
W
W
lnlureo
lnJurEd
32
32
77
Yes
Yes
Sex
s€x
(Lesl,
I
M
M
Under the
Influence
E
lhe lniuence
[Junoer
W
W
NO
No
I Other Unusual
(specify) Alta,-ed MentalStatus
Unueual Condition
Coridillon (spectfy)
Mental Status
E]or¡".
i
(check all that apply)
I RBSIHBU
poÍce ofticer
Reslctsd POHOG
ofncor control
control
38
38
.
U
:
fl
I I
ttthio olfloor used to
.
‘
Age
Age
n Fl,-ea”-nu Discharge
Flroarms Dlscharge
3
I
3
E
Intenuonal
hrenfionat
Accldemal
tuo¡oental
Number
Fired
Number 0'
of Show
Shots Firerl
Number
Number of
of Hm
Hlls
,
—-
(Use
(Use UNK
UNK If
lf ”"k"°w")
unknoun)
weapon
woapon
Charges
Charges
Compliance
Compllance hold
hold
3
Handslflats
Hard¡/ñets
Ktckslteet
Klckstfeel
Chernlcai/natural
agent
Ch€mlceUnalural sgsnt
Strikeluse
Stdke/use baton
beton or
olher object
or other
objêd
Canine
Csr{ne
ü
J Omfltspeciiyi
r
injured
¡nJured
1
Killed
Klllsd
Firearms
F¡rêarmB Diswame
Dlscfisrge
N
n Imenuom
n Aocmnm
lntenllonal
Accldental
Numb from
ber of
of Shots Fired
Number
FhËd
Num
"5
er of
Numbor
of Hllõ
"
(Use
”"k”°w")
(Use UNK
UNK lf ur{monn)
-—*—
"
motr than
fü¡n two
lso subjects In
ln this incident _t_a3tach addttlgnal USE OF FORCE REPORTS.
Ellnat more
S gna
.'?7"‘«~
"'*Wáw"r
_, a
.'
"
icheck 3" "151 HPPM
D
>
T
t
Race
Raco
Arrested
Anêst6d
No
No
Yes
Yes
Othcr ispeclly)
L_ other
sex
Sox
Under
unu", the
ttn" mflumoe
lnllr¡¡ncs
Other
(sp€cfy)
Of'"t Unusual
Unusual Condition
Cqdtflon (apectty)
§_i.ti2i£t2i'_l5_Ai.':i.LQtt§(Check 8" Wit apply)
Roaistad
polce officar
R€slstod police
oftcer control
conùol
Physical
Physlcål throatlattadt
lhrsâüaltsct on
on otitcer
omcôr or
or another
another
_i ‘t'hreatenedlattacl’
_I
7/201 0
Prosecutor's
Prosecutor's File
File 0074
0074
Filed 08/04/16 Page 76 of 100
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
PageID: 1111
1Q0iPage D:
HOWELL
HOWELL TOWNSHIP
TOWNSHIP POLICE
POLICE DEPARTMENT
DEPARTMENT
USE
USE OF
OF FORCE
FORCE REPORT
REPORT
A. Incident
lncident Information
«j...
Date
Dato
Week
Day
Dey at
olwêeft
Time
Tlme
09/05/2015 14:52
14.52
09/05/2015‘
(‘grime
Tvpo of lnddenl
IVE.
ln Progress
Progress
l-JCdme In
,o.,,e,(sEBdD.,
Elot¡er
tsDeurul
'
'
Location
L0c0tlon
Saturday
Saturday
Domestic
D Other Dispute
f¡Domesüc
-—_
Badge
Bâdge #
#
Vincent
Bonner,
Bonner, Vincent
Rank
Rar*
C1.
c1
Duly
Etrly Assignment
Asülgnment
Sax
gox
On-Duty
On-Duty
N
I
Killed
K¡ll0d
NO
NO
NO
NO
Uniform
Unlform
YES
YES
YES
YES
W
W
Ch‘"9°3
Çnårges
A"°"'“°d
Arfestôd
Weapon
Weapon
Age
Aoe
Race
Raco
M
M
NO
NO
38
38
I other Unusual
NO
Unusual Condition
(sæotfy) Altered
Condltlon (specify)
Altered Mental
Mental Status
Status
Elou'rt
NO
' ;.v. .- n.- (drool; all that apply)
r‘
ntt
r
Reatsted
./ Compliance
pol¡cê otiioer
Roolstod police
oficer control
confol
Compllance hold
hold
I Physical threatlatlaokon oflloer or another
Phlrslcâl thr€ât/atlack on ofrcar or anolhsr
Handalfiats
Hå¡(l3ffisb
Threatanedlattacked
another
with
or
blunt
Klckslfeel
ThrÞetrnod/attsc*od otticer
object
ofioor or snolher lltth blur[ objed
Klck¡ltuet
Threatenedlattacked
Threaten€d/att¡cted otltoer
Chernlcellnatural
olllcor or
or another
anolhef with
wllh kniteloutting
krúb/ct"úflng object
obJed
ClrrnlcaUnalrral agent
egenl
hi
Threatenedlaltadted
Throetcned/altacfted ottioer
ofÍcsr or
or another
another with
wllh motor
vðhlcle
motor vehicle
Threatened
ThrÞatenêd otticer
offccr or
or another
anolher Mth
lrfth fireann
lïrearm
Fired
Flred at
at ottioer
oftcsr or
or another
enotler
n
D
E Strtkeluse baton
D
Canln€
EI Canine
Ammed
Anêsled
Suizieotlafiaiiana(check
Uubl"ct's Ápllons (chedr all
apply)
lhat apply]
a[ that
Restated
polloe officer
Resletgd police
ollcsr control
control
Physical
Physhal threatlattaok
tlreaUattack on
on ottioer
or another
oflcor or
anofro¡
J
Injured
lnjurad
Killed
Klll€d
Chem”
Charg€g
mmm lcheck all that apply)
Compliance
Cornpllance hold
hold
Fnemms
Fhoarms Discharge
Dkcturge
L3
Threatenedlattacked
blunt object
Threalaned/dtad
Þ iflf this
thl¡ officer used torc
r
Raoe
Raco
I
Numberof
Show Fired
Numbor tfShots
Flred
Number
Nurnber °f
of H":
Hlts
(U‘°
(Use UNK
UNK "
lf ””k"°‘”")
unknom)
Stflk€/lrgo baton or
or other
obJóct
olher object
Sex
Sex
Killed
KiIed
NO
NO
n Firearm
Flream¡ Dmhmge
D
E
Other
Other (opacity)
injured
hJured
YES
YES
(check all that apply)
I;
E
Name
(L^ssl, First.
Nam€ (Last.
Flrat, Middle)
Mlddc)
,
I
was
C2.
c2. Subject 22
1
Injured
lnþred
27
27
torce by the
Slfllject.’ I1 (List only the
thê person who we3 the sugiecl of
of the
use of
the uie;
of lorca
the otticer
ofrcer listed
llsted In
ln Section 8.)
L_ Other(specify)
.
Stop
Age
Age
W
W
77
iHARDEN,
HARDEN, TIMOTHY
TIMOTHY
Under
the influence
lnllu€nce
flunoc, the
w
Race
Rece
M
M
Years
Yeañ¡ of
of Service
Sew¡cô
Name
(Last, First.
Namê (Last,
Flrst, Middle)
Mldtlle)
I
Sex
Sex
647
647
PATROLMAN
PATROL
PATROLMAN
PATROL
I
flfrafftc
Ofticerlnformation
B.
B.
I
#15-39715
#15-39715
Susplciors Person
Person
I Suspicious
floúrerDtspuro
DISORDERLY
DISORDËRLY PERSON/ASSAULT
PERSON / ASSAULT
Nam€
I
INCIDENT NUMBER
1017
1017 Rt.33
Rt.33
tr
Handsltists
Hand$ñ8ts
Kickalfeet
Kick¡/ftet
Chemicallnatural
CÌnmlcal/nalural agent
agent
Strikeluse batch
Strlke/u3ê
baton or
6lher object
of other
obþd
Canine
Canlne
Q
o,¡.r (specify)
f] Other
tsr¡sdty)
E
E
lmenuonm
tntendon¡t
Accldenm
Acctdentet
Number
Number of
Shotg Fired
of Shots
Fketl
Numb"
of
Numbor of HR’
l-lits
(Use
(Uee UNK
UNK "lf ""k"°w")
unknotìít)
4
t
galnat mo_ro than
th¡n two aubiggtg in
ln thtg
thl¡ tnclden n_t_tach additional USE OF FORCE REPORTS.
.â6r r
v¢é¢’7
Dale:
09/03/2015
09/08/2015
of Force
(SUPERVISOR) It hereby
and have promptly address any issues as theymay
henby certify
caüly thatI
¡wiewaó lhìs Use
thal I have
hava reviewedthis
llse of
Fonø report
report for
for accuracy
accuncy and
aø completeness
lo
ISUP€RI4SOfi,
pertain
pedaln to
pdlcy interpretation,
to policy
lnterpretatü, training.
tralnlng, weapons
uupus or
e{¡ulpnent, or
beyondwhat
or equipment‘,
u discipline.
dlsctpline, R
R ecommendallans
sæmmendalions to
to modifypolicy;
tttúlly policy; apply
apply remedial
remdlat training
tnining-beyond
whdt can
õan be
b
performed
prfuned by
or tactics;
plicy; change
by me.
me, to
to wit
*ft modity
nodtty policy;
ahanç weapons,
weapns, equipment
laotias; or
equipnod u
or applydiscipline
aply disaipline beyond
byond my
ny capabilities
eapaim¡es shall
*aA be
U thoroughly
thoroughti documented
dæunsntú and
and
I
forwarded
the chain
the Chlalat
fü*âtdo¡l through
,ht hþg
ol command
connend to
lotln
Qldef ol Poly.
Pollæ
9þþ at
Print Supervi
Name:
.
.-
/4»=‘— /»44.e7~/.3
\]
#239
z3s
SumM/«V
e:
C29
.
I’
7/2010
Prosecutor's
File 0075
Prosecutor's File
0075
Case Document 62-1 Filed 08/04/16 Page 77 of 100 PagelD: 1112
Howell Township Police Department
number Printed: 05/05/2015
ma: owns/2015
0-11 m" an) n. on Antian
15-35715 us: 911 magnum pmou
cell Take cam. apr. memes nenevnn
Lacuna/Adam" HEB) soclmv 7 101.7 RT 33
Party muted By 09/05/2015 1901 660 Ell. Heather Schaminskx
lemma me, mam, mu: . -- . cm" GROVE, NJ 07756
ullEnck Number-
me . sax:
Party snared By: 09/05/2015 1943 660 Heather
Mama Party: ma, 9121512114.); :7 - -- mm mes, NJ 07721
causack "umber: --
me: Sex: :2
Parry Entered By 09/u5/2axs 1944 sea 7 12:1. Heather schaxbinski
Involved Party: mm: mm mmuzw a M'uumolN-n
Calla-ck Number: --
me: Sex;
Party annexed By: mus/2m 1515 550 A Pt), neezher acnerblnexs
xnvelvea Party: umz, 3mm Mm
nee: Sax:
may Enterad By: owns/ms 1m an m. "Either senermnm
Involved nucm Joann>> A A name, Mr n7731
mum mum: --
a cex sex: :1
any Enzaud By: ns/ns/ms 1950 can 9:1. neamer sanermnekl
Involved Party: Mums, Izmnu a -- 7 aluminum, mr 11215
Cellaecx Number:
Race: sex: :1
Party unrated By: us/ns/nms 15:2 660 Ptl. Haithel scherhinlkl
mowed perry. spasm>>; mum" - . am" move, we D7755
unnaack met:
mace: w:
sneezed ny: aJ/os/zms 202: "a Ptl. Hut)": Scnaxbiniki
znvazvea Barty: annex - runml mes. 0772:
mun-ck nuance .
Race: a sex:
05/05/2015 nun sso -- m. Hemm scherbinaki
mm .-
annex
llacn: ex:
Entamfl a (wins/mus ans ssa - Ptl: Kenn-er schermneu
Invalvud vexey: EMILIUBaml rm;
cum-ck mar: --
has: Sex:
Putty Entured Hy: ns/ns/zms 2031 can - vu. Head-e:
Invelvad any: NERI. ANDREI I: -- - WT, In can:
unanck Number:
Rana: :1 sex
annexed By: as/os/zoxs an): em m. Heather sch-xbinnki
Involvcd Party: m'rmi-- - sum, M723
callalck mneer:
lung: 0 se
Entcxed ny- as/ns/zaxs 2035 560 7 pt), ngther schexbinaki
mey: mm, mm -- Pun", 09955
culls-ck Numb9:1: Jung. cuneey. Jr
map-14:55:17 And-15:41:55 Uni-22:41:21
xv: . nu: Dania) Jr.
Dinp>>1l masmmv eugenmm
Bus um:
nugdus'luv
luring-15 uzun
m: - En. Vincent Hanna:
nun-nevus Enrbu 57:0 And-15mm;
m: as 12:1. meme) nigum
Buzz-14:58:09 Amelsmem enraezzmm
EMS unxt- 198564,:1155 ins
Page 1
m. {gate
Prosecutor's File 0076
Filed 08/04/16 Page 78 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1113
Howell
Howell
Township
Townshíp Police
Police Department
Department
Call
CaLl- Number
Numbcr Printed:
Prlnt,ed: 09/05/2015
09/05/201,5
Page:
Page:
2
2
Clrd-16:04:05
Disp-14:58:13
Disp-l4:58:13 Enrt-15:00:25
EnrL,-15r00¡25 Arvd-15:09:40
Arvd-15:09r40 Clrd-16:04¡05
:32 InSrvce—22:17:32
Hosp-16:14:39
Hoap-16:14339 Clrflosp-22:17
Clrllo8p-22:17r32
Insrvce-22 tl'l t32
654
654 - Ptl.
PEI. Nicholas
Nlcholas Austin
Àustín
Disp—15:04:04
DÍsP-15:O4¡04 Enrt-15:04:05
Clrd-2224L 12
B¡l¡t-15:04:05 Arvd-15:05:50
Arvd-l5:05¡50 Clrd—22:41:12
ID:
ID:
-
Unit:
EMS
EIIIS Unlt¡
MDICB-Medics
MEDICB.Medfcs
Disp-15:24:01
DJ.sp-15:24:01 Enrt-15:25:39
Enrb-15!25:39 Arvd-15:30:41
.Arvd-15:30¡41 C1rd—16:04:09
CIrd-16:04:09
:20 InSrvce—l9:41:20
Hosp-16:14:37
Hosp-16 ! 1¡t;3? C1rHosp—19:41
CIrHoEp-19 I 41:20
fngrvce-19 ¡ 41:20
238
238 - Sgt.
sgt. Thomas
Thoñas Weg
¡{eg
ID:
ID¡
-
Disp—l5:24:17
Dlêp-15 ¿24217 Bnrt-15:24:18
Enrb-15:211:18 Arvd-15:38:10
An¡d-15:38¡10
650
650 - Ptl.
Ptl. Thomas
Thofias Poznanski
Poznanski
' Disp-15:30:13
Disp-ls:30r13 Enrt415:30:16
Àrvd-15:36:40 Clrd—16:42:49
EnrÈ:15!30!16 Arvd-15:36:40
Clrd-16242:49
ID:
660
Heather
Ptl.
rD:
660 ' Ptl. lfeather scherbinski
Scherbingki
Enrt-15:31:22 Arvd—15:36:41
Disp-15:31:18
Disp-].s:31:18 Enrb-15:31:22
Arvd-15:36:4L Clrd-16:42:45
Clrd-16:{2:45
245
ID:
Sgt. Peter
ID¡
245 - SgË.
Feter Kuppler
Kuppler
Disp-15:31:31
Ðisp-1533L!3L Enrt—l5:31:34
BnrE-15¡31:34 ArVd—15:46:03
Arvd-15:46:03 C1rd—20:40:46
Clrd-2o:40:46
ID:
662 - Ptl.
Sean Macdonald
ID:
662
PEl. Sean
l{aedonald
Disp-15:31:43
Dfsp-ls:31:43 Enrt-15:31:44
Clrd-l9r24:48
Enrb-15:31:44 AIVG-15:34:43
Ar¿d-15:34r43 Clrd-19:24:48
ID:
655
ID¡
PÈ1., Ryan Lowe
655 - Ptl.
Lor¡te
Clrd-15:26:28
Arvd-15:37:20
Disp-15:37:17
Dlsp-15r37¡17
Arvd-ls:37:20 clrd-19:26:28
ID:
663
ID:
663 - Daniel
Danlel scherbinski
Scherþinsk1
Clrd-16:37:28
Arvd-15:46:48
Disp-15:46:44
Dlep-1s:46r{{
Àrvd-15:46:48 cl-rd-16!37!28
ID:
604
ID:
504 - Det.
Deb. Robert
Robert Ortenzi
Orhenzi
Arvd-17:10:01
Disp-16:45:07
Enrt-16:51¡41 .Arvd-l?:10¡01
Disp-16r{5:0? Enrt-16:51:41
Christian Antunez
243
ID:
TD¡
243 - Sgt.
Sgt, Chrlsb,ian.ã¡rtunez
Disp-16:45:13
Dlsp-16r45!13 Enrt-16:51:38
Àrvd-1?:09!52
Enrt-16:51:38 Arvd-17:09:52
ID:
660
TD:
Ileather Scherbinski
Scherbinekl
660 - Ptl.
Ptl., Heather
Arvd—16:47:O2
nisp—16:46:s9
Clrd-19:06:53
Disp-16:46:59
Àrvd-16 r47¡ O2 Clrd-19:06:53
ID:
198
ÌD:
198 - Det.
Deb. Christopher
ChrisEopher Nagy
t{agiy
Arvd-17:10:11
Disp-17:10:07
Dlap-l? I 1O:07
Arvd-l7: 1O r 11
Narrative:
Donovan
09/05/2015
NarrabLve:
co¡Íú. opr.
09 OS/?OLS 1455
1r¡55 Comm.
Opr. Thomas
Tbon¡r Dorovâ¡
Îlm
Security
Tim. Tim
holdt.ng aa subject
down by
by the
bhe name
name of
of, Tim.
Securfty is
ie holding
subjêct down
became
lnfluence
be under
under the
the influence
became very
ven¡ hostile
think he
he may
may be
hoscile they think
ID:
IDr
-
~
-
—
—
—
-
-
—
-
of
unk substance. They are requesting
to anyone. Caller is Eleni
1
weapons
:: i"#'::oiå'lii;'31'Ë"ïi:'ïrEïååi'ffHtiu"'"
or
Narrative:
Narratlve:
a
-
injuries
'
09/05/2015
09/A5/2OlÊ 1529
1529 Comm.
åny Bordfeld
Bordf€Id
Co¡rn. Opt.
o¡lr. Amy
patl,enb
patrol
paErol requesting
to sedate
aedabe the
èhe patient
nredlcs to
requesËlng medics
Narrative:
t{arratlve: 09/05/2015
a9/0512015 1617
opr. Amy
A$y Bordfeld
Eorû!êlal
1617 comm.
C@r, Opr.
office wa6
was notified
1602 hours
prosecueors offl.ce
rnaJor crimes
crimes
nouffied for
f,or major
L6o2
hours prosecutors
contact
to
Èo conÈacè 238
238
Narrative:
l{arrativef
Narrative:
llarratlve:
Modified
üodlfled By:
09/05/2015
qpr. Any
å¡!y nordleld
09/o5/20t5 1617
16X7 Con.
com. Opr.
8orûtcld
advises
be enroute
enroube
wtll be
thaE himself
hlmsclf and
several det
det will
advlses that
and several
shortly
Éhort.ly
243
2{3
09/05/2015
Tbonrt Neg
09/05/20l'5 2123
2123 Sgt.
9En. Thomas
tfag
09/05/2015
2239 Sgt.
agt-. Thomas
tbourt Weg
9lêg
O9IOS/2015 2233
643)
The
(6t4, 654,
647' and
and 643)
643, 647,
fol.lorlng officers
off{cers (644,
654¡ 645,
tt¡e following
to the
etiÈh aa
responded
sEaff with
s€curity staff
Fríedalne to
to assist
a8Éist security
reaponded Èo
bhe Priedaine
an unknown
of an
unknown
patron they
prbron
ïas under
lnfluênce of
under the
tlre influence
bellevcd was
Èhey believed
substance
was acting
substânce and
and ras
actlng unruly.
yOA, Belmar,
Harden (38
(38 YQA,
Timothy
bhe security
cecurfty
B€lrnar, NU)res1sted
Nû) rê8f8Èed the
Tfmothy Hard€n
to
officers
pollce
gaiD control
to police
of him
hlm prior
control of
offlcers attempt
åÈtsmlrt, to
!o gain
Prlor
also resisted
arrival.
contrgl upon
Ôff,lcers control
llowell officers
reefsted Howell
arrlval. Harden
Harden algo
their
on location.
locaEfon' At
At'
were on
a¡rd Medics
Medics were
bhelr arrival.
xowell EMS
Eltts and
¿rrlval. Howell
and unresponsive.
some
He
unresPongLve. He
polnb, Harden
unconsdiouã ând
became unconscious
aome point,
Harden became
deceased.
was
¡16uuc where
sh€rs he
wae pronounced deceaeed.
he was
waa transported
Eianaporhþd to
Eo JSUMC
ño8'ñ reports
gee the
See
for further.
further. #238
þhe "OF"
rep0rt6 for
*238
To Incident:
Refer
Refer To
fncident:
15'39715j9E
15-39?15-OF
Prosecutor's
File 0077
0077
Prosecuto/s File
Filed 08/04/16 Page 79 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1114
oxman
STATEMENT
STATEMENT
¿
~O°'J\1cx:.n>LN_¢,
O~oe\)c._,r‘'3§:5-—
3
4
5
6
?
I
STATEMENTOF:
STATEMENT OF:
Patrolman
Patrolman Nicholas
Nicholas Austin
Austin
ADDRESS
ADDRESS &
& TELEPHONE
TELEPHONE NO:
NO: 300
300 Old
Old Tavern
Tavem Road
Road
New
Howell, New Jersey 07731
07731
9
.-
i0
'I
DATE
DATE &
& PLACE
PLACE OF
OF BIRTH:
BIRTH:
.2
5
,4
.
Brooklyn.
Brooklyn" New
New York
York
SOCIAL
SOCIAL SECURITY
SECURI' Y NUMBER:
NUMBER;
—
TAKEN
TAKEN AT:
AT:
Monmouth
Monmouth County
Prosecutor's Office
County Prosecutor’s
Office
132
132 Jerseyville
Jerseyville Avenue
Avenue
74
Freehold.
F'reehold, New
New Jersey
Jersey 07728-23
07728-2374
QUESTIONED
BY:
QIJESIIONED BY:
Detective
Detective Daniel
Daniel Bozza
Bozza
Monmouth
County Prosecutor’s
Monnrouth Courrt,v
Prosecutor's Office
O I fìcc
Wl'l'NESS1§D
\,VI'I'NL.SSTïD BY:
BY:
Detective
Detective Rosendo
Rosendo Perez
Perez
Monmouth
Monmouth County
County Prosecutor‘s
Prosecutor's Office
Offi ce
5
6
G:.r5a;,3H-
.
i8
r9
!0
!l
t2
t1
'
t5
Darren
Darren M.
M. Gelber,
Celber, Esq.
Esq,
for
Attorney
Attorney for Nicholas
Nicholas Austin
Austin
16
l7
t8
:9
,TYPED
TYPEDBY:
BY;
Rose
Rose Gulino
Gulino
Monmouth
Monmouth County
County Prosecutor's
OtÏce
Prosecutor'.s Office
DATE
DATE &
& TIME:
TIME:
2015; 3:29
Monday,
Monday, November
November 30.
P.M
30.2015;
3:29 P.M.
rû
il
t2
'J
t4
i-5
i6
t7
t8
íg
t0
il
t2
r3
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Patrolman
Patrolman Nicholas
Nicholas Austin,
Austin, II am
am Detective
Bozza of
the Monmouth
Detective Daniel
Daniel Bozza
of the
Morrmouth County
Counry
Prosecutor’s
Office
and
is
here
Detective
Rosendo
Perez
of
Prosecutor's Offìce and present here is Detective Rosendo Perez of the
the same
same office.
office. Ittt is
is
our
questions regarding
our duty
duty to
to ask
ask you questions
regarding the
circumstances surrounding
the circumstances
sumounding the
the incident
incidc.nt which
which
occurred
occurrcd at
at Pricdiane
Priodiane located
located at
at 1017
l0l7 Route
Route 33,
33, Freehold.
Fleehold. New
New Jersey
Jersey involving
involving Timothy
Tinrothy
Harden
2015.
have
on
Follow
we
5,
September
questions
Harden on September 5,2015. Specifically,
up questions regarding
Specifically, we have fbllow up
regarding the
the
before Timothy
moments
just before
momenfs just
Timothy Harden
Harden stopped
stopped breathing.
breathing.
'l'his statement
This
and accord,
statement must
given of
must be
be aa voluntary
voluntary one, given
own free
free will
will and
accord, without
wíthout
of your own
threats
in
of
Court
what
used
that
be
Law.
or
a
promises, knowing
any threats or promises,
knowing that what you say may be used in a Court of'Law.
r5
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rryCFO
,t{ßf,¡r" ¢o78
Filed 08/04/16 Page 80 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1115
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Statement
Stalement of
of Patrolman
Patrolman Nicholas
Nicholas Austin
Austin
Page
Page22 of4
of 4
Are
Are you willing
gíve aa voluntary
willing to
to give
voluntary statement
statement at
at this
this time?
time?
Yes.
Yes.
What
is your age?
age?
'ühat is
27.
27.
What
What is
is your occupation?
occupation?
Police
Officer.
Police Officer.
What
What is
formal education?
is your formal
education?
A
justice.
A bachelor’s
bachelor's degree
degree in
in criminal
criminal justice.
Are
Are you married?
married?
Yes.
Yes.
Can
Cari you read,
read, write
write and
and understand
understand the
the English
Language?
English Language?
Yes.
Yes.
How
positioned moments
How was
Timothy Harden
unresponsive?
was Timothy
Harden positioned
he became
became unresponsive?
nloments before
before he
Face
Faoe down
down on
stomach, his
back.
on his
his stomach,
hands were
were cuffed
cuffed behind
behind his
his hands
his back.
When:
your position
position in
Mr. Harden
Harden became
was your
to Timothy
Timothy Harden
when Mr.
becanre
Where was
in relation!
Harden when
relationl to
a.
unresponsive?
unresponsivei
A
II was
his torso
region, like
like the
the back
in his
buttock region,
back of
of
was on
on the
lower left
left side
of his
body near
torso in
his buttock
the lower
side of
his body
near his
his
his thighs/quads.
thighs/quads.
a.
Please
positioned at
in detail
Please describe
describe in
detail how
was positioned
at this
this time?
time?
how your body
body was
A
II was
on each
each leg.
one hand
hand on
leg.
his legs,
legs, one
was on
and my hands
much on
on his
on my knees
knees and
hands were
were pretty much
a
Prior
positioned?
where were
were you positioned?
Timothy Harden
Harden becomingunresponsive,
becoming unresponsive, where
Prior to
to Timothy
A
of
Exactly
hand on
each of
on each
position II described
one hand
was on
knees, one
Exactly in
above. II was
on my knees,
in the
the same
same position
described above.
his
the
back of
legs.
the back
of his legs.
M
a
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l5
Fflecutofis
79
File 9079
d".utor's File
08/04116
Filed 08/04/16 Page 81 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1116
Statement
of Patrolman
Statement of
Patrolman Nicholas
Nicholas Austin
Austin
ot‘4
Page
Page 33 of4
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33
44
55
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Q.
At
the moments
At any point
poinl in
in the
or when
m.oments leading
leading up to
became unresponsive
to or
when Mr,
Mr. Harden
Harden became
unrespo¡sive did
did
you put your body
on Mr.
body weight
weight on
Mr. Harden?
Harden?
A.
A
No.
No.
Q.
a
At
At any point
point in
in the
the. moments leading
leading up
up to
to or
or when
when Mr.
Mr. Harden
Harden become
become unresponsive
unresponsive did
did
strike
Mr.
you strike Mr. Harden?
Harden?
A.
No.
No.
Q.
At
At any point
point leading
leading up to
to or
when Mr.
or when
Mr. Harden
Harden become
become unresponsive,
unresponsive, did
did you restrict
restrict Mr.
Mr.
Harden’s
means?
Harden's airways
airways by
by any means?
A.
A
No.
No.
Q.
a
Did
Did you observe
observe anyone in
in the
the moments leading
leading up
or when
up to, or
became
when Timothy
Tinrothy Harden
Harden became
Mr.
unresponsive,
Harden’s
unresponsive, restrict
restrict Mr. Harden's airway?
airway?
A.
No.
No.
Q.
Did
Did you observe
observe anyone in
in the
the moments
moments leading
to, or
leading up
up to,
or when
when Timothy
Timothy Harden
llarden became
became
utilize
their
unresponsive,
unresponsive, utilize their body
body weight
Mr.
Harden’s
chest?
weight to
to put pressure on
on Mr. Harden,s chest?
A.
No.
No.
Q.
a
Did
Did you observe
observe anyone in
in the
the moments
momenfs leading
leading up
up to, or
or when
when Timothy
Timothy Harden
Harde¡r became
became
unresponsive,
unresponsive, utilizetheir
utilize their body
Mr.
Harden’s
on
neck?
body weight
weight to
put
to put pressure on Mr. Harden's neck?
A.
A.
No.
No,
Q.
a.
Did
Did you observe
observe anyone in
in the
the moments
moments leadint
leading
6 uup
P to
to or
or when
when Timothy
Timofhy Harden
Harden became
becanre
strike Mr.
unresponsive,
unresponsive, strike
Mr. Harden?
Harden?
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A
No.
No,
Q.
a
From
From your position were
were you able
able to
to see
see if
if anyone was
was striking
striking him
him or
or using
using their
body
their body
restrain Mr.
weight
Harden?
weight to
to restrain
Mr. Harden?
A.
A
From
a clear
From where
where II was
was II had
actions and
had a
clear view
view of
of the
the other
other officers
officers and
theiractio¡rs
and their
and II didn’t
didn,t see
see
anyone
do
anyone strike
or
obstruct
strike or
or use
to
his
use body
body weight/pressure
weighlpressure or do anything
an¡hing to obstruct his airway.
airway,
Q
a
Upon
upon your arrival
arrival at
at the
the scene, did
did you observe
observe any injuries
injuries to
to Mr.
Mr. Harden?
Harden?
A.
A.
Yes.
Yes.
Prosec&W'
§
'or"aa*
P
File
File
p080
080
Filed 08/04/16 Page 82 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1117
Statement
Statement ofPatrolman
of Patrolman Nicholas
Nicholas Austin
Austin
Page
Page 44 of4
of 4
I
2
a
Can
describe in
please describe
Can you please
in detail
detail the
the injury
injury you observed
observed on
on Mr.
Mr. Harden
Harden upon your arrival?
anival?
A.
Inoticed
I noticed ajelly
a jelly like
like bloody
bloody mucus
mucus on
on Harden’s
Harden's face
face in
in the
the area
area of
of his
his nose
nose and
and mouth.
mouth.
3
4
Break
Break 3:39
3:39 // Resume
Resume 3:40
3:40
6
7
8
a
Is
statement at
anything else
Is there
there anything
else you would
would like
like to
add to
to add
to your statement
at this
time?
this time?
A.
No.
No.
9
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TYPING
p.M.
TYPING CONCLUDED
CONCLUDED - DATE
DATE AND
AND TIME:
TIME: Monday,
Monday, November
Novenrber 30,
30. 2015,
2015, 3:41
3:41 P.M.
,4
—
i5
,6
STATEMENT
STATEMENT REVIEW
REVIEW AND
AND SIGNATURE
SIGNATURE
1
i8
II have
of 44 pages; each
have read
read this
this statement
statemenl consisting
consistíng of
each page bears
bears my
nry initials
initials including
including any
corrections
initialed
in
and II certify
conections initialed in my
own handwriting;
nty own
handwriting; and
certify that
that the
the facts
facts contained
corrtaincd herein
herein are
are
l9
JO
true.
true.
l1
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DATEANDTIME;
DATE AND TIMË: rl ho / tç
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Cpflfir, Esq
Darren
Darren M.
M, Esq
for
Nicholas
Attomey
Attomey for Nicholas Austin
Austin
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Detective Dani
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Sozzz-1
-3411/LL19
Monmouth
Morunouth County
County Prosecutor's
Prosecutor's Office
tce
¡l
<ç
Detective
Detective Rosendo
Rosendo Perez
Perez
Monmouth
Monmouth County
County .Prosecutor's ffice
Prosecutor's
File
Prosecutor's File
p081
81
Filed 08/04/16 Page 83 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
_P_age _[_): 1118
II
STATEMENT
STA.TEMENT
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STATEMENT
STATEMENT OF:
OF:
Patrolman
Bonner
Patrolman Vincent
Vincent Bonner
ADDRESS
NO: 300
ADDRESS &
& TELEPHONE
TELEPHONE NO:
300 Old
Old Tavern
Tavern Road
Road
New
Howell.
Jersey 07731
Howell. Neu'Jersev
07731
DATE
DATE &
& PLACE
PLACE or
OF BIRTH:
BIRTH:
r—
SOCIAL
SOCIAL SECURITY
SECIJRITY NUMBER:
NUMBER:
_
Lakewood,
New Jersey
Jersey
Lakewood, New
. AKËN AT:
TAKEN
AT:
Monmouth
Prosecutoros Office
Oflice
Monnroutlr Count)
Count¡ Prosecutor’s
Avenue
I32
I 32 Jerseyvillc
Jersel,vil lc Avenue
Freehold,
Freehold, Nevt
Neu Jersey
.ls¡ssy 07728-2374
07728-2374
QUESTIONED
BY:
QUESTIONED BY:
Detective
Bozz-¿t
Defectile Daniel
Daniel Bozza
Ot'tice
Monmouth
It4onnrouth CoLmt\
Crlunt\ Prosectttor’.~:
Prttseculot's Ollìcc
WITNESSED
WITNESSED BY:
BY:
Lieutenant
Singer
Eric Singer
Lieutenant Eric
Oftice
Monmouth
County Prosecutor’s
Monnlouth Countv
Prosecl¡tur's Ol]ice
Charles
Charles Uliano,
Uliano, Esq.
Esq.
Attorney
Bonner,
Attomey for
for Vincent
Vincent Bonner,
TYPED
TYPED BY:
BY:
Rose
Rose Gulino
Culino
Monmouth
Ofïice
Proseculor's Office
County Prosecutor's
Monnroulh County
DATE
DATE &
& TIME:
TIME:
Friday,
P,M.
2Al5; 3:01
November 20,
2Q, 2015;
3 :0 I P.M.
Friday, November
Patrolman
the Monmouth
of the
lvfonnrouth County
Daniel Bozza
Bozza of
County
Patrolman Vincent
Vincent Bonner,
Bonner, II am
am Detective
l)etective Daniel
of
office.
the
it
Lieutenant
Eric
is
same
and
here
Prosecutor’s
Office
Singer
is our
our
Prosecutor's Office and present
present here is Lieutenant Eric Singer of the same office. lt is
the
incident
which
circumstances
the
ask
to
duty
you questions
questions regarding
surroundirìg the incident u,hich
duty to ask you
regarding the circu¡nstances surrounding
occurred
Jersey involving
Neu'.fersey
involving Timothy
Timothy
occuned at
located at
at 1017
1017 Route
Route 33.
33. Freehold,
Freehold, New
at Priediane
Priediane located
Harden
on September
5, 2015. Specifically.
questitins regarding
rcualding the
u'e have
up questions
thc
havo follow
lbllon up
Harden on
September 5,2015.
Spccifically. we
before
Harden
moments
breathing.
just
Timothy
stopped
moments
before Timothy Hardcn stop¡red breathing.
and accord,
own free.
This
rvithout
r¡ill and
free vtill
accord. without
given of
of your ow'rt
volunt{rry one,
This statement
onc, given
statement must
nlust be
be aa voluntary
Luw.
of
used
in
Court
be
that
a
kl10\’\
what
or
may
in
a
Court
tll'[.ar¿,.
promises,
you
nra¡'
be
used
say
prornises,
what
sây
mg
knou
lng
that
any threats
threats or
g
EXHIBIT
EXHIBIT
/»7cfl°
frcpo
55'
ãil
_____
,
Prosecutorg
File 0D82
p,o"ecviiîl{rit"
2
?”§3>'.O’"Qp,
of
Filed 08/04/16 Page 84 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1119
I
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Are
a voluntary
gir,'c a
Are you willing
willíng to
to give
voluntary statement
statenlent at
al this
this time?
tilne?
A.
Yes.
Yes.
a
What
What is
is your age?
age?
A.
27.
27.
a.
rvVhat is
What
is your occupation‘?
occupation?
A.
Police
Policc Officer‘.
Ol'ficer.
o
What
formal education?
What is
is your fbrnral
education?
A,
Associates
Associates Degree.
l)egree.
a
Are
Arc you married’?
marrícd?
A,
Yes.
Yes,
a.
Can
Can you read,
read, write
wrile and
understand the
and understand
tho English
English Language?
Languagc?
A.
Yes.
Yes.
a.
How
positioneri moments
was Timothy
unrespottsivc?
How was
Tirnothy Harden
nro¡rren(s before
before he
he became
became unresponsive?
Harden positioned
A.
He
He was
was laying
on his
his stomach,
his hands
were handcuffed
his back.
back.
luying on
stonraoh, his
hancls were
handcuffed behind
behind his
a.
Where
to Timothy
your position
position in
when Mr.
Harden became
was your
Mr. Harden
becanre
Where was
in relation
relation to
Tirnothy Harden
Harden when
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II was
was down
down by
by his
his feet.
feet.
a.
in detail
Can
at Mr.
please describe
l-eet?
positioned at
Harden's feet?
describe ín
Mr, Harden's
detail how
how you positioned
Can you please
A.
to
My hands
wel'e somewhere
somL'where close
close lo
hands were
hands holding
holding his
Íbet down.
down, My
was kneeling.
with my
his feet
II was
kneeling. with
nr¡, hands
feet.
his
his Íbet.
a
where were
Prior
unresponsive, where
yotr positioned?
positioned?
were you
}larden becoming
Timothy Harden
beconring utrresponsive,
Prior to
to Timothy
A.
Same
prior question.
question.
as the
the prior
Same location
lc¡cation as
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unresponsive?
unresponsive?
A,
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Statement
Statement of
of Patrolman
Patrolman Vincent
Vincellt Bonner
Bonner
Page
Page 22 of
oî 55
13
l¿
l5
Pr
P
)083
r's File
F¡le t 3083
Filed 08/04/16 Page
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Pag
85 of 100 PageID: 1120
Statement
Statemelrt of
of Patrolman
Patrr.llnran Vincent
Vi¡rcent Bonner
Bonlrer
Page
Page 33 ors
of5
While
While you were
were restraining
restraiuing Mr.
Mr. Harden
Hartlen by
by his
his feet,
feet, did
onto Mr.
did you put your body
bo.us)_°,UbwN
I
Statement
of Patrolman
Statenlent of
Palrolman Vincent
Vincent Bonner
Bonnel.
Page
Page 5s of5
ors
Q.
a.
Is
Is there
there anything
a'ything else
add to
else you would
would like
like to
to add
to your statement
sratement at
at this
this time?
time?
A.
A,
No.
No.
2
J
4
5
TYPING
TYPING CONCLUDED
CONCLUDED - DATE
DATE AND
AND TIME:
TIME: Friday,
p,M.
Friday, November
2015, 3:17 P.M.
November 20.
20.201s,3:17
6
—
7
I
STATEMENT
STATEMENT REVIEW
REVIEW AND
AND SIGNATURE
SiGNATTJRE
9
0
II have
have read
read this
tlris statement
.statement consistirrg
consisting of
of 55 , pages; each
each page bears
bears my initials
initials including
including
initialed in
any corrections
correctio¡rs initialed
own
and
I
my
that the
in
own handwriting;
handwriting; and I.ertify
certify
that
the facts
facts contained
conlained
herein are
herein
are true.
lrlre,
I
2
J
4
T1ME:%_./«_;__’_
5
/Q57?‘/_
5/
DATEAND
DATE AND TIME:
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Patrolman
rtllnla¡r Vincent
Villccnt liolllte:
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-———-~——-,--
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-,:,_.-Clmrles Uliano,
Uliano, Esq.
E.-q
Attorney
Attorney for
for Vincent
Vincent Bonner
Bonner
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County Prosecutor's OtTice
Prosecutor's
Prosecutor's File
File 0086
6
Filed 08/04/16 Page 88 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
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SSTATEÑIENT
TATEMENT
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STATEMENT
STATEMENT OF
OF::
ADDRESS
ADDRESS &
& TELEPHONE
TELEPHONE NO:
NO: 300
300 Old
Otd Tavern
Tavem Road
Road
New
Howell,
Howell, New Jersey
Jersey 07731
07731
—
DATE
DATE &
& PLACE
PLACE or
OF BIRTH:
BIRTH:
-
SOCIAL
SOCIAL SECURITY
SECTJRITY NUMBER:
NUMBER:
-
:9
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12
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Point
Point Pleasant,
Pleasant, New
Nerv Jersey
.lersey
TAKEN
AT:
TAKEN AT:
Monmouth
Office
Monmouth County
Cúunt)' Prosecutor’s
P"roseçutor's Otïìce
132
Avenue
I 32 Jerseyville
Jerseyville Averruc
Freehold,
Irreehold, Neu
Neu Jersey
.Iersey 07728-2374
07728-2374
QUESTIONED
BY:
QUESTIONED BY:
Detective
Detective Daniel
Daniel Bozza
Bozza
Monmouth
Monmouth County
County Prosecutor’s
Prosecutor's Office
Office
WITNESSED
V/ITNESSED BY:
BY:
Lieutenant
Singer
Lieutenant Eric
Eric Singer
Monmouth
County
Monmouth County Prosecutor’s
Prosecutor's Office
Office
Richard
Richard Incremona,
Inoremon4 Esq.
Esq.
Attorney
Conaty, Jr.
Attomey for
Patolman James
for Patrolman
James Conaty,
Jr
TYPEDBY:
].YI'ËD BY;
Rose
Rose Gulino
Culino
Monmouth
Mo¡lmouth County
County Prosecutor's
Prosecutor's Office
Office
DATE
DATE &
& TIME:
TIME:
2015; 12:16
Friday,
Friday, November
November 20,
20.2A15;
l2:ló P.M.
P.M.
IIII
I2
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Patrolman
Conaty, Jr.
Patrolman James
Ja¡nes Conaty,
Jr
Patrolman
the Monmouth
Jr., 1J am
Patrolman James
James Conaty,
Conafy, Jr.,
Detective Daniel
Da¡riel Bozza
Bozza of
or' thc
lllonmoullr County
am Detective
Count¡'
Prosecutor’s
the
Lieutenant
Eric
of
oI'1ice.
It
sznne
Prosecutor's Office
Singer
Office and
and present here
here is
rhe
sallre
is Lieutenant Eric Singer of
otiìce. It isis our
ot¡r
ask
to
the
circumstances
the
duty
surrounding
you
questions
regarding the circumstances surrounding the incident
duty to ask you questions regarding
incident nhich
lhich
occurred
involving Timothy
occured at
at Priediane
Priediane located
located at
at 1017
1017 Route
Route 33,
33, Freehold,
Freehold, New
New Jersey
Jerse¡'invoh'ing
Tinrothy
Harden
2015. Specifically,
Harden on
on September
September 5,
questions regarding
r.r'c have
5,2015,
Specifically. we
rcgarding the
have follow
follow up
up questions
the
moments
breathing.
moments just before
stopped
before Timothy
Timothy Harden
breathing.
Harden sbpped
This
()ne, given
rvíll and
This statement
gil'en of
anrJ accord,
accorcl. without
u'ithout
statement must
voluntâry one,
o\\n free
free will
must be
be aa voluntary
of your mm
any threats
promises, knowing
threats or
hc used
of Lav».
or promises,
knorving that
vrhat you say
sûy may
r¡sed in
in ata Court
Court of
Lau.
that what
rnay he
r77C P O
rosecutor's
rosecu tor's F
F
I187@087
7
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unresponsive?
unr es¡ronsive?
.4.
Kneeling
to his
his left
left arm.
arrn
Kneeling next
next to
a,
Please
your hands
placed on
[he time
Please describe
in detail
Hardert at
at the
tinre he
descrihe in
detail where
where your
hands were
were placed
on Mr.
Mr. Harden
he
became
unresponsive?
hccanre unresportsive?
A.
II don’t
arm.
of his left
left arm.
it was
was one
one or
but II had
had hold
hold ofhis
don't rememberif
rernember if it
or both
both ofmy
of my hands
hands but
a,
Prior
Timothy Harden
positioned?
where were
\À'ere you positioned?
Prior to
Harden becomingunresponsive,
bccornirrg unresponsive, where
to Tinroth¡
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Are
Are you willing
willing to
give aa voluntary
to give
voluntary statement
time?
statenlent at
at this
this time?
A,
Yes.
Yes.
a
What
What is
is your age?
age?
A
30
30
a
What is
What
is your occupation?
occupation?
A.
Police
Police Officer.
Officer.
a.
What
education?
What is
is your formal
forrnal educatioll?
A,
(lollege.
College.
a
Are
Are you married?
married?
A.
Yes.
Yes.
a
Can
reud, write
write and
understand the
Carr you read,
a¡d understand
the English
Language?
English Language?
A.
Yes.
Yes.
a.
How
How was
was Timothy
positioned moments
unresponsive?
Timothy Harden
he became
becams unresponsive‘?
Harden positioned
mornents before
before he
A.
handcuffed behind
Lying
Lying on
on his
his stomach,
stonrach, he
he was
was handculfed
his back.
back.
behind his
a,
Where
your position
position in
Where was
was your
in relations
relations to
whcn Mr.
Mr. Harden
Harclcn became
Harden when
hccanlc
to Timothy
Timolhy Harden
t5
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Page
Page 2z am
of t
a.
lt
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Statement
James C
Statenrent of'Patrolman
r.,
of'Patrolnralr Janres
onaty, JJr,,
Conaty,
A.
II was
two of
hands on
of my hands
on his
with one
one or
or two
his
was kneeling
in the
the dirt
where he
he was
was laying,
kneeling in
dirt next
next to
to where
laying, with
of
him
in anticipation
left
or
arm in
grip irr
placed on
tnoving or
anticipation of him moving
was placed
in aa grip
left arm.
arm. My
My hand
hand was
on his
his left
lcft arm
times
done
several
earlier.
he
had
as
resisting
resisting as he had done several times enrlier.
lJ
Fit? 1088I
Prosecutor's
Prosecutor's Fi
C
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1125
oxm.:_\°g]cUAwN
"‘O\0JcU-.59:I_3o°',
_
Statement
Conaty, Jr.,
Stalenlent of
of Patrolman
Patrolnralr James
Jar¡es Corraty,
Jr.,
Page
Page 33 of
of44
a
While you were
Whíle
were restraining
restraining Mr.
Mr. Harden
IJarden by
left arm
with your hand
by his
his left
arm with
hand or
or hands,
hands, did
did you
Harden?
put your body
body weight
weight onto
onto Mr.
Mr. Harden?
A,
No.
No,
a.
At
At the
the time
tinle that
that Mr.
Mr. Harden
becalne unresponsive
placing your body
Harden became
were you placing
unresponsive were
body weight
weight on
on
his
left
other
of
his
with
other
hands
of
arm
or
or
body
his left arm or any other part of his body with your hands or any other part
part of your body?
hody?
A.
No,
only part of
No, the
the only
of my body
body that
with his
lrands.
that had
had contact
contact with
were my hand
hand or
or hands.
his were
a.
At
poíltt in
At any point
in the
the moments
nrorne¡rts leading
to or
whelr Mr.
become unresponsive
up to
leading up
or when
Mr. Harden
Harden become
urrresponsive did
did
strike
Mr.
Harden?
you strikc Mr. Hanlen?
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A.
5
6
As
As documented
docunrented in
in my
nry report,
report, II struck
him twice
struggle. but
but at
at the
the moments
struck him
twice earlier
in the
the struggle,
moments
earlier in
the
time
him.
strike
to
he
I
did
at
became
or
not
leading
Ieading up to or at the time he bccame unresponsive,
unresponsive, I did not strike him.
a.
At
to or
point leading
At any point
leading up to
or when
when Mr.
Harden become
did you restrict
restrict Mr.
Mr. Harden
unresponsive, did
become unresponsive,
Mr.
Harden’s
means?
airways
by
Harde¡r's airways by any means?
t0
A,
No.
No
,.:
a.
Did
became
Did you observe
observe anyone in
when Timothy
Timothy Harden
Harclen became
in the
the moments
moments leading
leading up
up to, or
or when
restrict
Mr.
Harden’s
unresponsive,
umesponsive, restrict Mr. Harden's airway?
airway?
A.
No.
No.
a.
Did
or when
you observe
Timothy Harden
Did you
when Timothy
l{arden become
observe anyone in
in the
the moments
moments leading
leading up
up to, or
become
their
utilize
Harden’s
chest?
Mr.
unresponsive,
weight to
unresponsive, utilize their body
put pressure on
body weight
to put
on Mr. Harden's chest?
A.
No.
No.
a.
Did
you observe
when Timothy
Harden became
Did you
Tintothy Harden
became
observe anyone in
in the
up to,
too or
or when
the moments
nronrents leading
leading up
unresponsive,
neck?
pressurc on
Harden's neck?
on Mr.
Mr. Harden’s
unresponsive, utilizetheir
utilize their body
body weight
weight to
to put pressure
A.
No.
No.
7
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A,
him.
No,
No, no
no one
one struck
struck him.
a.
or using
From
see if
striking him
using their
position were
him or
their body
body
you position
you able
to see
if anyone was
was striking
From you
were you
able to
restrain
Mr.
Harden?
to
weight
weight to restrain Mr. Harden?
A.
Yes,
could see.
Yes, II could
see.
H
t2
l3
lt
l5
Did
or when
Timothy Harden
Harden became
leading up
to or
when Timothy
became
Did you observe
observe anyone in
the moments
moments leading
up to
in the
unresponsive,
unresponsive, strike
strike Mr.
Mr, Harden?
Harden?
7c,
Prosecutor's
Prosecutor's File
File
bo89I
Filed 08/04/16
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
08/Q4/16 Page 91 of 100 PageID:
Page D: 1126
Statement
Stateme¡tt of
of Patrolman
Patrolman James
James Conaty,
Conaty, In,
Jr.,
Page
Page 44 of
of44
¡
a
a
Upon
did you observe
upon your arrival
arrival at
at the
the scene, did
observe any injuries
injuries to
to Mr.
Mr. Harden?
Ilarden?
A.
Yes,
Yes, as
as documented
documented in
in my report.
report.
3
4
5
Break
Break 12:35P.M.
l2;35P.M. Detective
Detective Bozza
Boz-zn exits...
exits,.. returns 12:37
l2:37
6
7
8
I
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a.
Is
Is there
there anything
anything else
else you would
would like
like to
to add
adtl to
your statement
to your
stâtement at
at this
this time?
time?
A.
No.
No.
I
1
J
4
5
TYPING
TYPING CONCLUDED
CONCLUDED - DATE
DATE AND
2015. 12:38
AND TIME:
TIME: Friday.
Friday, November
Novenrber 20,
z0,z}ts.
l2:38 P.M.
P.M.
—
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STATEMENT
STATEMEN REVIEW
REVIEW AND
AND SIGNATURE
SIGNATURE
II have
4 pages;
have read
read this
this statement
statement consisting
consisting of
pâges; each
of 4
each page bears
bears my
rny initials
initials including
including
corrections
any corrections initialed
I
initialed in
that
the
facts contained
in my own
own handwriting;
certify
handwriting; and
and I certify th;rt the facts
containecl
herein
herein are
are true.
true.
t'
!3
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DATE
DATE AND
AND TIME:
TIME:
/1/2_a j_3__/gg[g;._.__
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man James.
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'fii:ren10na,, Esq.
Esq.
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il
uth County Prosecutor's Office
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i.,i15uTc}?uniEic
t.,i
Eric sing?”
Singer
my
Monmouth
Monmouth County
County Prosecutor's
Prosecutor's Office
OfTice
gtD090
FII
Prosecutor's
Prosecuto ," rr{)
90
of
Filed 08/04/16 Page 92 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1127
«P-wt~.>—o\ixu:cr
I
STATEMENT
STATEMENT
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-—
STATEMENT
STATEMENT OF:
OF:
ADDRESS
ADDRESS &
& TELEPHONE
TELEPHONE NO:
NO: 300
300 Old
Old Tavern
Tavern Road
Road
y 07731
0773r
crsc
9
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DATE&
DATE & PLACE
PLACE OF
OF BIRTH:
BIRTH:
.J
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,5
U-J:'.IN—o\$«,EC3{;"
Patrolman
r.
Patrolman Daniel
Daniel Murphy,
Murphy, JJr.
SOCIAL
SOCIAL SECURITYNUMBER:
SECURITY NUMBER
6
—
Scottsdale,
Arizona
Scottsdale, Arizona
—
t7
:8
TAKEN
TAKEN AT:
AT:
Monmouth
Monmouth County
County Prosecutor’s
Prosecutor' s Office
Offi ce
Avenue
I32
132 Jerseyville
Jerseyville Avenue
74
Freehold,
Jersey 07728-23
Freehold, New
New Jersey
07728-2374
QUESTIONED
BY:
QUESTIONED BY:
Detectix
Detectir es Daniel
Bozza
Daniel Bozza
Monmouth
Monmouth County
Prosecutor's Office
Office
County Prosecutor’s
WITNESSED
WITNESSED BY:
BY:
Detective
Detective Rosendo
Rosendo Perez
Perez
Monmouth
County
Prosecutor's Office
Office
Monmouth County Prosecutor’s
r9
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Robert
Robert A.
Honcker, Jr.,
A. Honcker,
Jr,, Esq.
Esq.
Attorney
for Daniel
Daniel Murphy,
Murphy, Jr.
Jr
Attorney for
:8
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TYPED
TYPED BY:
BY:
Rose
Rose Gulino
Gulino
Office
Monmouth
Monmouth County
County Prosecutor's
Prosecutor's Office
DATE
DATE &
& TIME:
TIME:
2015; 10:55
Friday,
20,2015;
A.M.
Friday, November
November 20,
l0;55 A.M.
Ì3
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Patrolman Daniel
Patrolman
Daniel Murphy,
Bozza of
Muqphy, Jr.,
Jr., II am
Daniel Bozza
of the
the Monmouth
Monmouth County
County
am Detective
Detective Daniel
the
of
Prosecutor’s
Office
office.
is
Perez
and
Detective
Rosendo
here
same
present
Prosecutor's Office and
here is Detective Rosendo Perez of the same office. It
It isis
the
incident
ask
the
circumstances
to
which
our
questions regarding
our duty
dutl' to ask you questions
regarding the circumstances surrounding
surrounding the incident which
occurred
Jersey involving
involving Timothy
Timothy
occurred at
at Priediane
Priediane located
New.lersey
located at
at 1017
l0l7 Route
Route 33,
33, Freehold,
Freehold, New
Harden
2015. Specifically,
questions regarding
regarding the
Harden on
on September
we have
follow up
up questions
Specifically, we
have follow
the
September 5,
5,2015.
before
Harden
moments
just
breathing.
stopped
just
Timothy
brcathing.
moments
befbre Timothy Harden stopped
I4
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P r.oQo{òn',
File
qo91
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3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1128
Statement
Jr.
Statenrent of
of Patrolman
Patrolman Daniel
Daniel Murphy,
Murphy,.Tr
of 44
Page
Page 2z of
This
This statement
statement must
must be
and accord,
be aa voluntary
voluntary one,
given of
one, given
of your own
own free
free will
will and
accord, without
without
that
what
any threats
threats or
be
used
in
promises, knowing
Court
or promises,
of
a
knowing that what you say may be used in a Court of Law.
Law.
l
2
J
4
a
Are
Are you willing
willing to
give aa voluntary
to give
voluntary statement
statement at
at this
this time?
time?
A.
Yes.
Yes,
a
What
your age?
lVhat is
is your
age?
A
29.
29.
a
When
What is
is your occupation?
occupation?
A,
Police
Police Officer.
Officer,
a.
What
education?
V/hat is
is your formal
formal education?
A.
Completed
Completed some
some college.
coliege.
a.
Are
Are you married?
married?
A.
Yes.
Yes.
a
Can
the English
Can you read,
read, write
write and
and understand
understand the
English Language?
Language?
A.
Yes.
Yes.
a.
How
How was
was Timothy
Timothy Harden
positioned moments
Harden positioned
moments before
before he
he became
became unresponsive?
unresponsive?
A.
He
was laying
He was
laying on
on his
his stomach
stomach with
with his
his hands
hands handcuffed
handcuffed behindhis
behind his back.
back.
a.
Where
Where was
was your position
position in
in relations
relations to
to Timothy
Timothy Harden
llarden moments
moments before
hefore and
and when
when Mr.
Mr,
Harden
Harden became
became unresponsive?
unresponsive?
A.
II was
was kneeling
kneeling next
next to
to his
his right
right hip.
hip.
a.
Please
Please describe,
describe, in
in detail,
detail, how
how your body
body
A.
II was
was kneeling
kneeling at
at his
his right
right hip.
hip, facing
facing toward
toward him,
him, holding
holding his
his wrist
wrist and
and forearm.
forearm.
a
Please
Please describe
describe in
in detail
detail where
where your hands
placed on
hands were
were placed
on Mr.
Mr. Harden?
Harden?
A.
II was
was holding
holding his
his wrist
wrist and
and forearm,
forearm, with
with both
both my hands.
hands,
5
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was
was
positioned
positioned at
at this
this time?
time?
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Pros
or File
File E )092
092
P rosh#r\
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Filed 08/04/16 Page 94 of 100 PageID:
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3:15-cv-08043-BRM-TJB Document 62-1 Filed
Paqe D: 1129
Statement
Statement of
of Patrolman
Patrolman Daniel
Daniel Murphy,
Murphy, Jr.
Jr
of4
Page
Page 33 of4
I
)
a
At
point in
did
At any point
the moments
in the
moments leading
leading up
to or
up to
or when
when Mr.
Mr. Harden
I{arden became
became unresponsive
unresponsive did
you put your body
how
body weight
weight onto
onto Mr.
Mr. Harden?
Harden? If
so, can
please describe
If so,
can you please
describe in
in detail
detail how
and
and where
where on
on his
his body
body you applied
applied your weight?
weight?
A.
No,
No, II wasn’t
pushing on
wasn't pushing
on him
him or
or put any body
body weight
weight on
on him.
him. Only
Only when
when he
he was
was combative
combative
did
I
on his
did I put my weight
weight on
on his
his wrist
wrist and
and forearm
forearm which
which was
was located
located on
his lower
lower back.
back.
J
4
5
6
7
a,
At
did
point in
At any point
in the
the moments
moments leading
leading up
to or
up to
or when
Mr. Harden
when Mr.
Harden become
become Unresponsive
Uruesponsive did
strike
Mr.
Harden?
you strike Mr. Harden?
A,
No.
No.
a.
At
point leading
At any
trrty point
leading up to
to or
when Mr.
you restrict
or when
Harden become
become unresponsive,
Mr. Harden
unresponsive. did
did you
restricl Mr.
Mr
Harden’s
Ifarden's airways
airways by
by any
any means?
means?
6
A.
No.
No.
8
a.
Did
Did you observe
Timothy Harden
observe anyone in
in the
the moments
moments leading
to, or
leading up to,
or when
when Timothy
Harden became
became
Harden"s
Mr.
unresponsive,
airway?
unresponsive, restrict
restrict Mr. Harden's airway?
A,
No.
No
a.
Did
or when
Did you observe
observe anyone in
in the
the moments
moments leading
leading up to, or
when Timothy
Timothy Harden
Harden become
become
utilize
their
chest?
Harden’s
Mr.
to
on
unresponsive,
unresponsive, utilize their body
weight to put pressure on Mr. Harden's chest?
body weight
A.
No.
No
a
Did
or when
Did you observe
observe anyone in
in the
the moments
when Timothy
moments leading
leading up to, or
Timothy Harden
Harden became
became
utilizetheir
Harden’s
neck?
unresponsive, utilize their body
unresponsive,
body weight
weight to
to put pressure on
on Mr.
Mr. Harden's neck?
A
No.
No.
a
Did
Did you observe
observe anyone in
the moments
moments leading
wllen Timothy
in the
leading up
up to
to or
or when
Timothy Harden
Harden became
became
unresponsive,
unresponsive, strike
strike Mr.
Mr. Harden?
Harden?
A.
No.
No.
a.
Upon
arrival at
Upon your arrival
at the
the scene, did
Harden?
did you observe
observe any injuries
injuries to
to Mr.
Mr. Harden?
A.
II observed
coming from
observed mucus
mucus like
like blood
blood coming
fiom his
his nose.
nose.
I
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‘(W/bx
Pro‘s’ecutor's File
Fire I 3093
093
,Tr"m,s
Filed 08/04/16 Page
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
P
95 of 100 PageID: 1130
Statement
Statenrcnt of
of Patrolman
Patrolman Daniel
Daniel Murphy,
Murphy, Jr.
Jr
Page
Page 4t of4
of +
Break
Break 11:07
I l:A7 a.m.
a.m. through
through 11:13
l1:13
I
a.m.
a,m.
2
3
a
Is
statement at
is there
there anything
anything else
else you would
would like
like to
your staternent
to add
to your
add to
at this
tirne?
this time?
A
No.
No.
4
5
6
7
I
9
ft
I
2
5
4
TYPING
IYPIN¡G CONCLUDED
CONCLUDED - DATE
2015, 11:14
DATE AND
AND TIME:
TIME: Friday,
Friday, November
2a.20rs,
November 20,
l l:14 A.M.
A.M.
—
5
6
7
STATEMENT
AND SIGNATURE
S]'ATEMENT REVIEW
REVIEW AND
SIGNATURE
8
I
l0
\
II have
of 44 pages; each
statement consisting
have read
read this
this statement
consisting of
*rch page bears
bears my initials
inilials including
including any
corrections
initialed in
I
and
facts
contained
that
the
corrections initíaled
handwriting;
certify
my
in
own handwriting; a¡rd i certify that the facts contnincd herein
herein are
are
true.
tnrr:.
l?
IJ
!4
r(
DATE
DATE AND
AND TIME-'
TiME:
t6
_'1.]—i3('_). I"}‘.’1_"JS_.. _ .l_._l:‘-(.l. .r.‘f‘~
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Daniel
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Detecti
Monm uth County
County Prosecutor's
Prosecutor's Office
Offi ce
t7
t rlS
i8
i9
f0
il
Detectix-/e
Detective Rosendo
Rosendo Perez
Monmouth
Monmouth County
County Prosecutor‘ ()l'1icc
Prosecutor's
File 3094
Prosecutor's File
Case Document 62-1 Filed 08/04/16 Page 96 of 100 PagelD: 1131
STATEMENT
3
4
5 STATEMENT OF: Patricia White
6
7 ADDRESS Kc TELEPHONE NO: --
Whiting, Jersey 08759
9
10
PLACE OF BIRTH:
12 Brouklyn, New York
14 SOCIAL smunnv --
15
16 TAKEN AT: Monmouth County Prosecutor's Office
17 132 Jet'seyville Avcnue
is Preetmld, New Jersey 07728
19
20 QUESTIONED BY: Daniel Bow
21 Monmouth County Pmsecular's Office
22
WITNESSED BY: Detective Dave D'Amicu
Monmouth County Prosecutor's 011122
25
26 TYPED BY: Rebecca Winston
27 Monmouth County Prosecutor's Office
2t
29 DATE TIME: November 5, 2015 4:41 PM
30
31
32 Patricia White, I urn Detective Daniel Bum of the Monmouth County Prosecutor's Office
31 and present here is Detective Dave D'Amico of the same oifice. It is our duty to ask you
34 questions regarding the circumstances surmunding the incident which occurred on
35 Priediane located at 1017 Route 33, Freehold. New Jersey involving Timothy Harden on
)6 September 5.20151
37
38
39 This stutemcnt must be a voluntary onn, given or your own free will and accord, without
40 any fluent: or promises, knowing that what you say may be used in a Court of Law.
41
47
43 Are you willing to give a voluntary statement at this time?
le
Prosecutor's File d095
Filed 08/04/16 Page 97 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1132
O\Do)aU:J-Lul.
Statement
Statement of
of Patricia
Patricia White
White
2
Page
Page2
What
What is
is your age?
age?
I
2
51.
51.
4
5
A F;-K
What
What is
is your occupation?
occupation?
6
7
Teacher.
Teacher.
9
What
What is
is your formal
formal education?
education?
I
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4.)
4¡
Master’s
Master's Degree.
Degree.
Are
Are you married?
married?
No.
No.
Can
Can you read,
read, write
write and
and understand
understand the
the English
English Language?
Language?
Yes.
Yes.
Calling
your attention
Calling your
attention to
to the
the circumstances
circumstances surrounding
surrounding the
the incident
incident which
which occurred
occuned on
o¡t
Priediane
located at
1017
Route
New
33,
Freehold,
Priediane located
al l0l7 Route 33, Freehold, New Jersey
Jersey involving
involving Timothy
Tímothy Harden
Harden on
on
September
2015, please
September 5,
please tell
5,2A15,
tell us
us in
in your own
own words
words what
what knowledge
knowledge you have
have of
of this
this
incident.
incident.
On
concert festival,
On Friday,
Friday, II drove
drove to
to the
the Priediane
Priediane to
to go to
to the
the concert
festival, Soupergroove.
Soupergroove. II got there
there
in
the
afternoon
I
and
basketball
early
court
in the early afternoon and I parked
parked my camper on
on aa basketball court in
in the
the back
back and
and was
was
asked to
the top
in the
asked
to move
move my truck
truck to
to the
field by
top field
the entrance
entrance of
participated in
by the
of the
the society.
society. II participated
the
festival
the
first
band
see
festival Friday
around
Friday evening.
evening. II woke
woke up Saturday
Safurday morning,
moming, went
went out
out to
to see the first band around
10
and during
of the
10 AM
AM and
during that
that time,
gentleman in
time, II noticed
noticed the
question dancing
the gentleman
in question
dancing in
in front
front of
the
At
first
he
and
then
he
started
was
the
erratically.
stage
front
of the
stage erratically. At first he was dancing
dancing and then he started running
running across
across the front of
the
stage
stage on
on the
the concrete, doing
doing diving
diving somersaults
somersaults into
into the
the concrete,
concrete, hitting
his head
hitting his
head on
on the
the
and
concrete
the concrete.
for
least
at
concrete and also
ten
also walking
walking on
on his
his hands
hands on
on the
concrete. II would
would say
say fbr at least ten
10:50 AM,
minutes,
AM, he
minutes, if
if not
not longer.
longer. Later
announcement.
Later on
on at
at about
about 10:50
he asked
an announcement.
asked to
to make
make an
The
made
announcement
had
confused
no
sense.
a confi.¡sed look
The announcement made absolutely
absolutely no sense. Everybody
Everybody had a
look on
on their
their
face.
said
He
the
effect
of
to
face, He said something
something to the effect of “Everyone
needs aa hug
hug sometimes”,
"Everyone needs
sometimes", “Big
"Big guys
cry”
absolutely remember
cry" itit was
was really
really weird.
weird. At
At the
the end,
end, II absolutely
him saying
you in
remember him
saying “I’ll
"l'll see
see you
in
Miami.”
and
walked
the
stairs
main
towards
the
Miami." He
He walked
walked off
off stage
stage and walked up
up the stairs towards the main building
buildíng up
towards
That’s the
until aa little
little while
parking lot.
towards the
the front
front parking
lot. That's
the last
last II saw
saw of
of him
him until
while later.
later. Then
Then at
at
that
the
band
I
back
one or
point, the band played
played maybe
that point,
maybe one
or two
two more
more songs. I went
went back to
to my camper, then
then
another
another band
was coming
band was
coming on
on about
about an
hour later.
later. Before
an hour
Before they
came on, II walked
walked up
they came
main
the
ask
about
to
parking lot
society
main parking
relocating
lot towards
towards the
the entrance
entrance of
about
relocating
my car.
of the society to ask
car. II was
was
between
the
check
in
and
two
I
individual
tents
that
at
was
standing
an
standing in
asking
in between the two check in tents and I was asking an individual at that tent
tent if
if II
could
location.
The
I
to
woman
was
talk
to
was
change
parking location. The woman I was talking
could change my parking
talking to was waiting
waiting to lalk to
to
another
another woman
woman who
who was
was on
on the
the other
other side
side of
tent, closer
closer to
of the
the tent,
to the
the entrance,
entrance, who
who II heard
heard
tn_ueh4’l\,f w
/U
/u
Prosecutor's
File I 3096
Prosecutor's File
F3aige D:
Filed 08/04/16 Page 98 of 100 PageID: 1133
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Statement
Statement of
of Patricia
Patricia White
White
Page
Page 33
I
2
4
5
6
7
I
9
discussing
discussing that
that they
they had
had to
to call
police because
call the
the police
because this
this one
one guy needed
needed medical
medical attention
attention
and
At that
and
looked
and
I
and had
had gotten completely
completely out
saw
out of
of control.
point,II turned
control. At
that point,
tumed and looked and I saw who
who
I
the
appeared
saw
on
appeared to
dancing
to be
be the
guy
the same
sarne
stage, on
I saw dancing on the stage,
ground with
on the
the ground
with four
people
four people
kneeling
kneeling next
next to
to him,
him, all
all around
around him.
him. Nobody
Nobody else
was around
people that
else was
around the
the four
four people
that were
were
the
to
I
on
assumed
that
ground, to me
at that
on the ground,
me I assumed that it
it looked
looked like
like there
there was
was aa medical
medical issue
issue at
point
that point
and they
somewhat under
control. They
and
they had
had it
it somewhat
under control.
They said
it was
park my car
said it
was okay
for me
me to
to park
okay for
car
down
I
walked
towards
I
turned
and
back
saw
a
down below
below and
and as
police
as I walked towards my car,
caÍ, I turned back and saw a police car
pulling
car pulling
into
the society
into the
the entrance
entrance to
to the
society and
and II saw
saw an
an ambulance
ambulance right
it, Later
right behind
behind it.
Later on, II noticed
noticed
officers
some
police officers walking
some police
walking around
around through
through the
the festival.
festival.
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42
Can
describe what
please describe
Can you please
what type
type of
of event
event this
this was?
was?
It’s
It's aa music
music festival
festival where
where they
have between
they have
playing, from
between twenty
and thirty
thirty bands
twenty and
bands playing,
from about
about
10AM
about
to
3AM
the
in
it’s
music.
constant
It’s
morning
1OAM in
morning,
common
in the
the morning to about 3AM in the morning, it's constant music. It's common for
for
The name
people
people who
who attend
attend this
this event
event to
to camp out
out here.
here. The
name of
of the
the event
is Soupergroove.
event is
Soupergroove.
Can
stated was
please describe
Can you please
describe the
previously stated
the male
male who
who you previously
was acting
acting erratically?
enatically?
He
Hç was
was white,
white, very muscular,
probably 5’l1ish,
muscular, probably
5'llish, blonde
blonde hair
hair almost
almost like
surfer out,
like aa surfer
cut, not
not
He
had
white
tan.
shorts
long
do
long hair,
hair, tan. He had on
on white shorts and
no shirt.
and no
shirt. II believe
believe he
he was
was barefoot
barefoot and
and II do
remember
outside his
remember seeing
seeing his
his underwear
underwear outside
his shorts.
shorts.
Do
Do you remember
remember the
the exact
exact time
time you first
first remember
remember seeing
this individual?
individual?
seeing this
The
The first
fïrst time
time II saw
saw him
him was
was about
about 10:30AM
l0:304M when
when II saw
saw him
him run
run across
across the
the front
front of
the
of the
stage.
stâge.
You
previously described
You previously
described his
his behavior
behavior as
as erratic.
enatic. What
What did
did you mean
mean by
by that?
that?
In
past II had
In the
the past
had seen
seen him
him at
at other
other events
events where
where there
there was
music and
was music
antl II had
had never
never seen
seen him
hím
dance
he
extreme
that
as
him
his
I
as
was
head
moming. I thought
dance as extreme as he was dancing
dancing that morning.
thought him hitting
hitting his head on
on the
the
concrete
concrete while
whiie doing
doing the
the somersaults,
somersaults, the
the handstands
handstands on
the concrete,
concrete, II remember
remember
on the
that had
thinking
thinking that
that that
painful. It
had to
to be
be extremely
exlremely painful.
It seemed
erratic to
to me
seemed erratic
me and
and out
out of
of the
the
I
had
for
that
who
ordinary,
seen
somebody
especially
ordinary, for
previously
for anybody,
anybody, but
but especially for somebody that I had seen previously who never
never
had
had done
done something
something like
like this.
this,
Do
as a
Do you recall
resall ifthis
íf this individual
individual received
received any injuries
injuries as
a result
result of
of this
this erratic
behavíor?
erratic behavior?
thought
II would
was
would have
have thought he
he must
must have
head pretty hard.
have hit
hit his
his head
hard. II did
did not
not see
blood, II was
see any blood,
close
not
what
to
kind
of
but
there
see
not close enough
enough to see what kind of injuries
injuries were
were resulting
were aa few
resulting but there were
few times
times
where
landed.
extremely harsh
where it
it looked
looked extemely
harsh the
the way he
had landed.
he had
43
4l
Prosecutor's
File C 097
I7
Prosecutor's File
Filed 08/04/16 Page 99 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1134
Statement
Statement of
of Patricia
Patricia White
White
Page
Page 44
1I
2a
3
44
5{
66
77
8
99
II
What
What exactly
exactly did
did he
he hit
hit his
his head
head on?
on?
/it
It
It was
was a
a concrete
concrete patio
palio surface.
surface. Thick,
Thick, hard
hard concrete.
concrete.
)
Did
Did you notice
notice ifthis
if this individual
individual was
with anyone else
was with
else at
at the
time?
the time?
At
him or
At this
this time,
time, he
he seemed
seemed to
to not
not have
have anyone with
with him
or around
around him
him that
that knew
knew him
him
personally.
personally.
I
Q}
Do
Do you recall
recall hearing
anyone call
hearing anyone
call this
this individual
individual by
by his
his name?
name?
A
No.
No.
14
l4
15
l5
Q
Do
at this
Do you know
know what
what his
his role
role was
was at
this event?
event?
16
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it
II believe
some official
believe on
on Friday
Friday night
night he
was working
he was
working in
in some
officiat capacity
capacity but
but II was
was not
not
introduced
him
in
that
to
I’m
I
that
think
not
manner.
but
I
sure
introduced to him in that manner. I'm not exactly
exactly sure why
why I think that but I thought
thought he
he
was
was working
working sort
sort of
of as
as a
a bouncer
bouncer or
or some
some sort
sort of
security on
of security
on Friday
Friday night.
night. So
So on
on Saturday,
Saturday,
when
when he
asked to
thought itit was
he asked
an announcement
to make
make an
announcement II really
going to
really thought
was going
to be
be security
security
related
so
related even
erratically.
even though
though he
he had
had been
been acting
acting so enatically.
10
l0
11
ll
12
l2
13
13
L,
What
your initial
What was
was your
initial reactionwhen
reaction when he
he made
made the
announcement?
the announcement?
A
II was
was thinking,
thinking II can’t
can't understand
understand what
what he
he is
is talking
talking about,
doesn't make
about, this
this doesn’t
make sense.
sense. II
looked
to
what
other
see
else
had
confiised
were
a
Iooked around
people
around to see what other people were thinking,
thinking, everyone else had a confused look.
look.
After
he
made
the
the
even
some kind
After he nade the statement,
statement, even the singer
sínger made
made some
kind of
of comment
comment about
about it
it really
really
not
He was
not making
making sense. He
confused as
was confused
as well.
well.
Q
Can
Can you please
please explain
explain exactly
exactly what
what he
he said
said while
while on
on stage?
stage?
23
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4.)
4¡
*We all
“We
all need
need a
a hug
hug sometime”,
sometime.", “Big
cry", and
"Big men
men cry”,
&nd “See
in Miami.”
Miami."
"See you in
Are
Are you aware
¿rware ifthis
place in
if this event
event was
was taken
taken place
in Miami
Miami in
in the
the very near
near future?
future?
No.
No.
0
Other
than what
recall if
you’ve already
Otherthan
whatyou've
yourecall
already stated,
can you
stated, can
if this
this individual
individual said
anything else
said anything
else
that
would
remember
from
that
day?
that you would remember from that day?
A
II do
do not
not remember
remember anything
anything else.
else.
Q
Can
Can you describe
describe his
his behaviorafier
behavior after exiting
exiting the
the stage?
stage?
A
He
He seemed
be calmly
secmed to
to be
calmly walking
the event.
walking up the
the stairs
stairs towards
towards the
the entrance
entrance of
of the
event.
*’
V
or's
Prosecu
r's File
File
P
(3098
Filed 08/04/16 Page 100 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 62-1 Filed
Page D: 1135
Statement
Statement of
of Patricia
Patricia White
White
Page
Page 5s
1I
27
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5{
66
77
8
99
to
l0
ll
12
12
13
I3
14
l4
IS
t5
16
l6
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(3.
DO
who said
“This guy \À/as
of control
was out
DO you recall
recall who
said "This
control and
and now
out of
now he
really needs
needs help”?
he really
help"?
/it
It
lead person at
It was
was aa younger woman
tryoman that
that II don’t
don't know
k¡ow who
who was
was acting
acting as
as the
the lead
at the
the time
time at
at
the
I
don’t
know
entrance.
her
her.
about
name
or
the entrance. I don't know her name or anything
an¡hing aboul her.
Qt
When
surrounded by
When you next
next saw
saw this
this individual
individual lying
ground surrounded
lying on
on the
the ground
by what
what you described
described
four
to
describe
what
he
can
him,
was
people kneeling
four people
kneeling next
please
next to him, can you please describe what he was doing?
doing?
as
as
I
A
He
seemed to
at all.
I{e seemed
to be
be just laying
laying there.
there. II didn’t
see much
didn't see
much movement
movernent at
all. II didn’t
didn't see
see aa
struggle.
struggle.
ll
Q‘
Can
of the
you please
please describe
Can you
describe the
people who
the location
location of
were kneeling
the four
four people
who were
kneeling next
next to
to the
the
individual?
individual?
A
There
There were
were two
two by
his legs,
legs, his
pointed towards
by his
his legs
legs were
were pointed
towards me.
me. One
One person by
by each
each am,
arm,
of
his
not
were
him.
I
on
to
next
they
they were not on top
atms, they
top of his arms,
they were
were just kneeling
kneeling next to him, I was
was only
only able
able to
to
see
between the
see the
the four
four individuals’
individuals' backs.
backs, II was
was between
the two
two entrance
entrance tents,
tents, facing
facing towards
towards the
the
and he
entrance,
entrance, and
he was
was behind
behind me, behind
behind the
the second
tent with
second tent
with his
his feet
feet towards
towartls the
the entrance,
entrance,
where the
bushes
next
that
from
the
are
next to
to where
highway.
the bushes are that separate
separate from the highway.
21
2l
U
Do
Do you know
know any of
people who
of the
the four
four people
who were
werç kneeling
kneeling next
to him?
him?
next to
25
2J
24
24
t{
25
It
No.
No.
()
At
time, did
At that
that time,
did you witness
witness any police
police involvement
involvement at
at all?
all?
A
No.
No.
0
At
At any time,
did you witness
políce involvement?
tinre, did
witness any police
involvement?
A
II saw
attention. Later,
police car
pull up but
saw the
the police
paying much
car pull
point II wasn’t
but at
at that
much attention.
that point
\4¡asn't paying
Later, II saw
saw
them
around
the
but
do
it
had
with
him.
to
festival,
walking
them walking around the festival, but it had nothing
nothing to do with him.
0
During
During the
the incident,
íncident, did
anyone physically
did you witness
physically restrain
wítness anyone
indívidual?
restrain the
the individual?
ft
No.
No.
0
When
individual?
When were
$/ere you made
made aware
that something
something had
this individual?
aware that
had happened
happened to
to this
A
It
It was
was after
passed away.
after the
the festival
festival II had
had found
found out
out he
he passed
what II saw, those
away. After
Afrer what
those same
friends
had
told
he
that
for
taken
the
to
me
friends hâd told me that he was
was being
being taken to the hospital
hospital for aa drug
drug overdose.
overdose.
20
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30
31
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Prosecutor's
Prosecutor's File
File
(5099
Case Document 63-1 Filed 08/04/16 Page 3 of 100 PageID: 1140
2 A
3
a
5 STATEMENT OF. David Mahaj an
a
7
ADDRESS 34 TELEPHONE N0: --
9 Balamown, New Jersey 07724
0 H:
2 DATE a PLACE OF BIRTH:
3 Boston, Massachusetts
4
SOCIAL SECURITY NUMBER: --
7 TAKEN AT: Monmouth County Pt'oseculot"s Office
3 132 Jerseyville Avenue
.9 Freehold. 'ew Jersey 07728--23 74
E0
'1 QUESTIONED Detective Daniel Bow
:2 Munmuutlt Cunt") Prosecutor's Office
54" WITNESSED BY Detective Brian Weisbml
l5 Monmouth County Prosecutor's office
GBP6
17 TYPED HY: Ruse Gulino
28 Monmouth County Prosecutor's Office
[9
i DATE TIME: Oclubcr Z6, 2015;0114
ll
l2
!1 Band Mahajan, 1 am Detective Daniel Bozza of the Monmouth County Prosecutor's
14 Office and present here is Detective Brian Weishrat of Ihe same office. It is our duty to ask
is yuu questions regarding the circumstances surrounding the incidenl "hich occurred at
16 Priediane located al 1017 Route 33, Freehold. New Jersey involving Timothy Harden 0n
[7 September 5' 2015.
43
[9
to this statement must be a voluntary one. given ut'yuur own free will and accord, wilhout
it any threats or promises knowing that what yuu say may be used in Conn of Law.
i2
I3
Q. Are you willing to give a voluntary sum-menu at this time?
in A Yes
EXHIB
m6 #0
'rosecutonsffile (1102
Filed 08/04/16 Page 4 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1141
f-.
Statement
Statement of
of David
David C.
C. Mahajan
Mahajan
o\1uJ>.wN_
2 of
Page
Page2
of77
I
,)
o
What is
What
is your age?
age?
A.
37.
37.
a.
What
What is
is your occupation?
occupation?
A.
Sales.
Sales.
a.
What
What is
is your formal
formal education?
education?
A.
BA
BA in
írr Communication.
Communication.
a
Are
Are you married?
married?
A.
No.
No.
a.
Can
and understand
understand the
Can you read,
read, write
write and
the English
English Language‘?
Language?
A.
Yes.
Yes.
)
4
“°‘\lO~U:4>wN._o
5
6
7
8
9
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rl
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2
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4
5
6
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9
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17
r3
t,
A
at Priediane
Calling
Calling your attention
attention to
to the
the incident
which occurred
at 1017
incident which
occuned at
Priediane located
located at
1017 Route
Route 33.
33.
New
Freehold,
Freehold, New Jersey
please tell
Jersey involving
2015, please
involving Timothy
on September
5, 2015,
tell us
l'imolhy Harden
Harden on
September 5,
us in
in
your own
own words
what knowledge
words what
knowledge you have
have of
this incident.
incident.
of this
II arrived
anived at
Timothy Harden
Harden workingparking.
working parking.
at the
the site
around 1I:30a.m.
Friday, and
and saw
site around
I 1:30a.m. on
on Friday,
saw Timothy
II said
hello
him
thanked him for
caught up for
said hello we
we caught
for aa little
little II thanked
for coming
coming and
and working
working and
and then
thcn went
went to
to
"1wo members
work
work myself.
to 5pm
myself. Two
members of
the work
informed me
around 44 to
5pm on
of the
work crew
crew informed
me around
on Friday
Friday that
that
and
Timothy
Timotlry Harden
Harden was
was acting
thai, II saw
was groping
groping aa woman.
woman. After
saw Tim
acting crazy and
and was
Tim and
Aftcr that,
told
he is
told him
him to
to chill
fbstival. II saw
for five
chill out
out hc
is working
working and
and representing
the festival.
saw him
him for
five minutes
representing the
minutes
walked
tell
he
tried
and
him
don’t
do
to tell hjrn to
to stop
âway.
¿rrd tried to
stop or
don't drink
drink or
clean, he walkcd away.
or don’t
or donot do anything,
anything, clean,
Tim was at
Then II went
was alerted
Then
went back
back to
work and
and in
moruing II was
alerted again
again that
that Tim
at the
the front
fì'ont
1o work
in the
the morning
held
front
and
down
I
Tim
detained.
walked
the
down
to
saw
being
by
gate
gate being
gale and saw Tirn being held down by five
being cletaincd. I walked down to the front gate
five
'l irn and
six
to
some
were
some
were
people .sorlìe were security,
to Tim
to six people
security, some were just staff/crew,
walked up to
and said
stafT/crew, II walked
said
it’s
all he
was yelling
yelling all
it's Dave
or hear
hear what
what II was
Dave Mnlmjan,
Malrajan, your friend,
friend, he
he did
not reoognizæ: t-rìe or
did not
he
said it’s
these pr.,pi.
ul" me.
kept
people off
get-theæ
kept saying
was get
it's Dave
Dave Mahajan
Maha.ian he
he kept
kef,t
saying was
adrrfJáíä
ofTof
me. Al‘tcr){
struggling
he started
spewing it
blood and
staned spewing
it on
on
struggling and
and that
is when
his mouth
lilouth full
full of
of blood
and he
that is
when II noticed
noticed his
for
break
free
to
Tim
about
I
and
that’s
when
back.
I
saw
everybody
struggling to break free for about
everybody and that's whe¡l I stepped
s{epped back. I saw Tim struggling
and that
five
roughly ten
ten ofticers
police arrived
oflìcers came
came
arrived on
scene, About
About roughly
five minutes
that is
is when
when the
thc police
on scene.
minutes and
'['im and
and tried
out
was resisting
resisting and
and
police cars
detain him.
FIe was
of their
their police
and surrounded
tried to
to detain
him. He
out of
cars and
surroundcd Tim
would
forced his
his hand
T'he officers
officers forced
hand out
would not
move his
to be
be handcuffed.
handcuffed. The
out
not move
hís arm
arm behind
behind his
his back
back to
ambulance
five
After
minutes
cuffed.
his
hands
and
after
of
an
tries
a
they got his hancls cuffed, After five minutes an ambulance
and after a couple
couple of rries they
later II saw
off my view.
arrived and
the stretcher
stretcher being
being put
Tim on
on the
minutes laier
saw Tim
blocked off
view, Five
Five minutes
arrived
and blocked
work.
and went
into
went back
back to
to work.
the ambulance.
ambulance. That
That is
is when
when II left
left and
into the
rccog11i;§, 'i_i§
t5
Prosecutor's';Ei,le
103
Prosecutor'{F¿ilA $103
Filed 08/04/16 Page 5 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1142
Statement of
Statement
of David
David C.
C. Mahajan
Mahajan
?>r.O_
a
How
How do
do you know
know timothy
timothy Harden?
l{arden?
A.
Through
Through mutual
mutual friends,
friends, through
through high
high school
school years.
a.
Prior
Prior to
to the
the incident
incident when
when was
was your last
contact with
Jast contact
with Timothy
Timothy Harden?
Harden?
A.
II seen
Ocean Township
seen him
him at
at Wegman’s
Wegman's in
in Ocean
three to
Township Route
to four
four weeks
Route 35
35 I’d
I'd say three
weeks before
befure
the
festival.
the festival.
O
a
Can
please describe
Cart you please
describe your relationship
relationship with
with Timothy
Timothy Harden?
Harden?
A,
II knew
a fall
krrcw him
years. We
him through
through mutual
mutual high
high school
school friends
frie¡rds for
for many years.
We had
had a
fall out
out toward
toward
end
of
the
school
and
I
didn’t
him
after
with
affiliate
that.
didn’t
the end of high
high school and I didn't affiliate myself
myself'with him any more
more after that. II didn't
like
him
like him much
afler our
fall out
passing we
much after
our fall
out and
and didn’t
didn't speak
speak with
much, only
only in
in passing
we would
with him
him much,
would
say hello.
hello,
a
Can
day of
please describe
Cìan you please
describe Timothy
Timothy Harden
incident?
Harden on
on the
the day
of the
the incident?
A
He
He was
w-as 6’3”,
pounds, pure muscle,
6'3", 185
200 pounds,
185 to
to 200
muscle, blonde
blonde hair,
hair, blue
blue eyes, big
big nose, no
no shirt
shirt on,
on.
He
of
had
from
recall.
shorts
what
I
a
on
pair
sweaty.
sweaty. FIe had on a pair of shorts from what i recall.
a
Can
please describe
Can you please
describe Timothy
Timothy I-larden’s
interactions with security
Harden's behavior
during his
his interactions
security
behavior during
and
officers
the
of
the
incident?
on
guards
police
day
guards and police officers on the day of the incident?
A.
Out of
incoherent, didn’t
Out
of control,
control, incoherent,
didn't recognize
recognize me, acting
crazy
acting crazy.
a,
When
at the
When you
you initially
restrainecl can
initially arrived
arrived at
the location
that Timothy
l{arden was
was being
location that
Timothy Harden
being restrained
can
describe
how
the
and
individuals
other
were
please describe how the security
you please
guards and other individuals were re.straining
restmining him?
security guards
him?
A.
II anived
arrived to
Tim being
guy on
to see
see Tim
down by
there was
was one
one guy
being held
held down
by five
five to
to six
six guys and
and there
on each
each
limb
The
that
his
and
behind
him
with
neck.
his
around
one
arms
guard
security
guy
guard
limb and one
hehind him with his arms around his neck. The security
that was
was
Tim
did
until
tried
behind
Tim
have
Tim’s
abdomen
his
around
not
behind Tim did not have his legs
to break
legs wrapped
wrappcd around Tim's abdomen until Tim tried to
break
free
security guard
guard wrapped
Tim.
free and
and that’s
that's when
when the
wrapped his
around Tim.
the security
his legs
legs around
a
During
restrained how
was being
being restrained
how long
Duríng your time
time at
at the
the location
location that
long did
did
that Timothy
Timothy Harden
Harden was
the
and
him?
individuals
restrain
other
guard and other individr¡als restrain him?
the security
security guard
I
2
3
^
5
6
7
8
9
0
I
2
J
4
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6
7
8
I
Page
Page 33 of
of77
t0
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until the
About
police came
police took
came and
then the
the police
and then
took
About five
five minutes.
minutes, They
down until
the police
They had
had him
him held
held down
over.
over.
a.
to the
guards'?
During
Timothy Harden
the security
security guards‘?
was Timothy
During this
this time
time was
Harden saying
anything to
saying anything
t3
t
l5
Prosecutorsfiibe,
104
Prosecutoiqøth C 104
C
Filed 08/04/16 Page 6 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1143
Statement
of David
Statement of
David C.
C. Mahajan
Mahajan
O\LJi.!>t)ru_co°'U‘p”
Page
Page 44 of
of77
[\)._
A.
Timothy
yelling “get
was yelling
"get these
Harden was
these guys off
off of
Timothy Harden
of me.”
me."
3
a
During
guards and
did the
the security
interactions between
Timothy Harden
Harden did
security
During the
the interactions
the security
and Timothy
between the
security guards
guards say anything
guards
anything to
to Timothy?
Timothy?
A.
Yes.
saying, stop
yourself,
guards were
to free
free yourself,
stop trying
trying to
were saying,
on me,
me, and
and stop
Yes. The
The guards
stop spitting
spitting blood
blood on
harder
this
on
you’re
you're only
yourself,
only making
making this harder on yourself.
a.
Can
guard that
and holding
please describe
Harden and
holcling
that was
was behind
Timothy Harden
the security
security guard
behind Timothy
Can you please
describe the
him
around
his
neck?
him around his neck?
A.
5’l()
wearing aa hat
hat II believe.
believe.
shirt on, brown
brown hair,
hair, wearing
5' 10 Ii believe,
believe, short,
shoft, stocky
had a
a red
red security
stocky had
security shirt
a
between the
guards and
During
observe
did you observe
the interaction
and Timothy
Tinrothy Harden
Harden did
During the
interaction between
the security
security guards
strike
security guards
guards strike Timothy?
any security
Timothy?
A.
No.
No,
a.
During
guards and
did you observe
observe
Harden did
Timothy Harden
During the
the interaction
interaction between
between the
and Timothy
the security
sccurity guards
security guards
guards restrict
any security
restrict Timothy’s
airway?
Timothy's airway?
A,
No.
No.
a.
Can
Timothy Harden?
Harden?
please describe
police officers
were restraining
how the
officers were
restraining Timothy
the police
Can you please
describe how
I
2
4
5
6
7
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9
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II saw
otficers turned
tumed Tim
The officers
Tim
for security.
security. The
ten officers
and take
take over
over for
saw roughly
roughly ten
offìcers surround
surround Tim
Tim and
calf
the
Tim’s
knee
his
had
his
officer
One
on
stomach.
rest of
of the
the
police officer bad put his knee on Tim's calf the rest
his stomach. One police
sure his
officers
arms. The
his arms.
legs, back,
back, pretty sure
The
his shoulder,
shoulder, legs,
were just holding
holding him
him down,
down, on
officers were
on his
officers
held tightly
tightly by
were being
treing held
by
to release
release his
his arms
arms that
that were
resisting and
Tim to
to stop
stop resisting
and to
officers told
told Tim
after
three
and
two
his
or
release
Tim
would
his
chest.
underneath
not
himself
arms
finally
after
two
or
three
and
finally
himself underneath his chest, Tim would not release his arms
times
grab his
pull it
arm and
and pull
to grab
his arm
place his
he had
had to
it
his back
to place
hands behind
behind his
back he
asking Tim
Tim to
his hands
times of
of asking
out
out to
to handcuff
handcuff Tim.
Tim.
over
to
over on
on to
,.7
a.
observe any
you observe
did you
Harden did
During
police officers
the police
officers and
and Timothy
Timothy Harden
between the
interaction between
During interaction
strike
officers
police
police officers strike Timothy?
Timothy?
A.
No.
No.
a.
you observe
did you
observe any
Harden did
During
police officers
and Timothy
Timothy Harden
the police
officers and
between the
interaction between
During interaction
police
aírway?
Tinrothy's airway?
police officers
restrict Timothy’s
officers restrict
A.
No.
No
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Prosecutor'§iE'il'e~ 0105
( 105
Prosecutor'#iù*
Filed 08/04/16 Page 7 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1144
Statement
Statenrelrt ofDavid
of David C.
C, Mahajan
Mahajan
Page
Page 55 of
of 77
I
2
a.
3
4
5
A.
6
7
8
9
0
¡
')
3
4
5
6
7
8
During
During interaction
interaction between
police officers
between the
the police
officers
anything to
anything
police officers?
to the
the police
offrcers?
A.
He
Hc
a.
Can
officers during
Cart you please
please describe
describe the
tlte demeanor
denleanor of
police officers
of the
thc police
the incident‘?
during the
incident?
A.
and they
Helpful.
Helpful. They
They came
came and
tliey restrained
him, they
restrained him,
did their
they did
thcir job.
a.
At any
or do
point during
any point
At
during the
the festival,
festival, did
did you observe
observe or
do you have
have any information
information whether
whethcr or
or
not
Timothy Harden
not'lìmothy
l{arden utilized
utilízed any drugs?
drugs?
*.C?>-
r0
of me.
yelling
yetling get these
thcse guys off
off of
nre.
II did
did not
he was
not see
see anything
anything but
but II assumed
assumed based
based on
on his
when II saw
his behavior
behavior when
him after
saw him
aftei'he
was
groping
groping woman
woman initially
weird.
initially and
and visited
visited with
with him
hirn he
he was
was acting
acting strange,
strâuge, he
he did
did look
look weird.
sweaty
sweaty and
would not
not listen
and would
listen to
you are
to me.
told him
me. II told
him you
working this
are working
this festival,
festival, whatever
whatever
you’re
you're doing
doing stop
stop now.
now. He
walked away from
He walked
from me
me and
and II walked
walked back
back to
to work.
work.
a.
What
on the
Vhat was
was your role
role at
at the
the festival
festival on
the day
day of
of the
the incident?
incident?
A.
II'm
’m Jeff
in the
Jeff Mahajan’s
Mahajan's little
little brother,
brother, he
he is
is the
thc creator/founder
creator/foundcr of
the festival,
and my role
of the
festival, and
role ín
the
festival
is
whatever
needs
be
festival is whatever needs to
to be done,
done, security,
security. parking,
parking, fire
protection and
fìre protection
and video
video
I
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was
rr,¿rs
and
Harden did
and Timothy
Timothy Harden
did Timothy
Timothy say
A
!3
16
No
No security
security was
was just restraining
restraining him
hinl with
with their
police came
their bodies
bodies and
and hands
and when
when police
hands and
came II
didn’t
Tim.
didn't notice
restraining
notice any weapons used
used in
in restraining Tim.
a,
9
lt
Did
or police
guards or
Did you observe
observe any security
security guards
police officers
utilize any weapons while
officers utilize
while they
they were
were
interacting
Timothy?
interacting with
with Timothy?
t-7
18
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production.
production.
t0
il
t2
a
Did
you have
guards and
Did you
have any
you were
any concerns
concerns when
when you
were observing
the security
police
obscrving the
security guards
and police
offlcers
with
Tim
of
the
the
incident?
officers interacting
interacting with Tim on
on the day
day of the inoident?
A.
II was
people's lives
was concerned
concerned for
lives and
for people’s
and not
not just my own,
that Tim,
Tim, if
if he
he broke
o\¡/n, II felt
felt that
broke free
free
from
he
that
would
do
or
someone
worse.
security
f¡om security that he would injure
injure someone or do something
sornething worse,
a,
At
the incident
point during
At any point
during the
incident did
about Tim
did you hear
Tim being
being injured
hear Tim
Tim complaining
complaining about
injured in
in
any way?
way?
A.
No.
No.
a.
Did
incident?
Did you observe
photograph or
record the
the incident?
observe any individuals
individuals either
video record
either photograph
or video
A.
Not
Not that
that II saw, II didn’t
didn't see
see anyone.
anyone.
i3
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f.
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Prosecutor';F_ile
106
Prosecutor'gf i!ç 13106
Filed 08/04/16 Page 8 of 100
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
100£age
PageID: 1145
Statement
David C.
Statement of
ofDavid
C. Mahajan
Mahajan
Page
Page 6
6 of
af 77
I
2
3
4
a
5
6
7
I
9
0
I
2
3
4
5
,6
7
I
I
What
What were
were the
the reasons
reasons why
you had
why you
had walked
walked away
away from
from the
the area
area where
where Tim
Tim was
was being
being
restrained?
restrained?
A
Tim
spewing blood
Tim was
w¿s spewing
blood on
on the
guards and
the security
security guards
police arrived
and that
when police
that is
is when
arrived shortly
shortly
thereafter
and
I
walked
thereafter and I walked away feeling
feeling Tim
Tim would
would be
be detained
detained appropriately.
appropriately.
a
Did
on any individuals
spit blood
Did you observe
observe Tim
Tim spit
blood on
individuals during
during the
rhe incident?
incidenr?
A.
Yes.
Yes. the
the same
same security
guard II described
security guard
prior questioning.
described in
questioning.
in my prior
a.
Is
Is there
tirere anything
anything else
else you would
would like
like to
to add
add to
to your statement
statement at
at this
this time?
time?
A,
Yes,
didn’t
Yes. tim
tim was
was there
there on
on his
his own
own accord
doing well
accord doing
well for
for himself,
himself, working
working hard
hard and
and Ii didn't
?>@.O
think
of his
possibilities this
think in
in all
all possibilities
f.his would
woulcl happen.
happen. II wasn’t
wasn't even
even notified
passing until
notified of
his passing
until
to
Sunday
Sunday morning
12pm.
morning 11:30am
I l:30am to l2pm.
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\
Prosecutor's
Prosecutor's File
File C 3107
107
Filed 08/04/16 Page 9 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1146
‘O%\iL)1J>o.[_©3x'"hud
Statement
David C.
Statement of
ofDavid
C. Mahajan
Mahajan
7
of
7
Page
PageT of7
I
2
3
4
5
a.
Is
statement at
Is there
there anything
anything else
else you would
like to
would like
to add
add to
to your statement
at this
this time?
time?
A
No.
No.
6
7
I
9
0
I
TYPING
CONCLUDED --DATE
DATE AND
TYPING CONCLTJDED
2015, 7:03
AND TIME:
TIME: October
Ocrober 26,
26,2015,
7:03 PM.
P.M
—-
2
3
5'~L7-EC3v<“—‘:at.2
4
STATEMENT
STAI-EMENI- REVIEW
REVIE1V AND
AND SIGNATURE
SIGNATURE
c
J
6
-
8
I
— c>
!0
I
II haxe
hare read
read this
this statement
statçinent consisting
consistíng of
pages; each
each page bears
of 77 pâges;
rny initials
bears my
initials including
including
corrections
initialed
in
any corrections initialed in my own
owrr handwriting;
handwriting; and
that the
certify that
the facts
contained
and Ii certify
facts contained
herein
herein are
are true.
true,
DATE
DATE AND
TIME
AND TIME:_
g;a[z_a//_;._ —,_,-,_,#,L.
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Detective
707..-/a
Detective Darfiér
Da
9r¡
Monmouth
Monmouth County
County Prosecutor's
Prosecutor's Office
Office
45/fa?
A&l-",o
Detective
Detective Brian
Brian Weisbrot
Weisbrot
Momnouth
Monrnouth County
County Prosecutor's
Prosecutor's Office
Offi ce
Prosecutor's
File
Prosecutor's File
0108
108
Case Document 63-1 Filed 08/04/16 Page 10 of 100 PagelD: 1147
u"
STATEMENT
STATEMENT OF: Christine Brown
ADDRESS TELEPHONE NO: --Neptune City, NJ 07753
DATE At PLACE OF mam --
Santa Ana' California
SOCIAL SECURITY -
TAKEN Monmnulh Count) Prosecutors Office
133 Jerseyville Avenue
Flaehold, New Jersey 07728
QUESFIONED BY: Dclt'cliVe Dania] Bozza
Monmoulh Counly Plosecuml's Office
WITNESSED BY: Deleclive Brian Weisbmt
Munmuulh County Pmseculm's Office
TYPED BY: Autumn
Monmouth County Prosecutor's Office
DATE l4 TIME: Oclobcr 16, 2015 1:34 p.m.
Chxisline Brown. I am Detective Daniel Bozzli of '11: Monmouth Caunty Pmseculor's
Office and present here is Brian Weisbrol of the same office. It is our duty to ask
you questions regarding the. circumstances surmunding the incident that occurred at the
Prledianc localcd at 1017 Rt 33, Freehold. NJ involving Timothy Harden on September 5,
2015'
This must be a voluntary one, given of your own free will and accord. Without
any threats or pmmises, knowing [hat what you say may be used in a Court of Law.
Are you willing to give a volmllazy statemenl at this lime?
Yes.
EXHIBIT
map 0
i a
rosecgfie
Q1119
Filed 08/04/16 Page 11 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1148
Statement
Christine Brown
Statement of
of Christine
Brown
Date:
October
2015
Date: October 16,
16,2015
Page
Page 22
a,
What
is your age?
age?
TVhat is
A.
52.
52.
a,
What
What is
is your occupation?
occupation?
A.
Accountant.
Accountant.
a.
What
What is
is your formal
formal education?
education?
A.
Bachelor’s
Bachelor's Degree,
Degree, Monmouth
Monmouth University.
University.
a
Are
y'ou married?
Are you
mar¡ied?
A.
No.
No,
a.
Can
y'ou read,
Can you
read, write
write and
and understand
understand the
the English
English Language?
Language?
A.
Yes.
Yes.
a
the incident
incident that
Calling
Calling your attention
attention to
to the
that occurred
oocurred at
at the
the Priediane
located at
at 1017
1017 Rt.
Priediane located
Rt. 33,
33,
Freehold,
2015, please
F'reehold, NJ
NJ involving
involving Timothy
please tell
Timothy Harden
Harden on
on September
September 5,
in your own
5,2075,
tell us
us in
own
words
words what
what knowledge
knowledge you have
have of
incident.
of this
this incident.
I
2
3
4
5
6
?
8
9
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Earlier
the day,
late moming
morning or
in the
Earlier in
day,late
close to
or noon
noon time,
time, Ii noticed
dancing close
the stage
noticed Tim
Tim dancing
to the
stage
his
without
shirt
it
isn’t
dance
for
to
on.
without his shirt on, Although
people to dance there,
Although it isn't tutcommon
there, Tim
urcommon for people
Tim was
was
air guitar,
dancing
guitar, one
dancing very intensely
intensely and
and doing
doing air
one foot
foot up, hopping
backwards.
hopping backwards.
t6
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l',
I
l4
II was
was there
there at
at the
the music
music festival
festival camping.
camping. And
And II was
camp site
was at
at my camp
site and
and somewhere
somewhere
2
between
who II later
p.m. and
between 2 p.m.
p,m. II heard
and 3:30
3:30 p.m.
hea¡d aa woman, who
later learned
learned her
name was
her name
was Kat,
Kat,
View
because
blocked
yelling,
was
yelling, get off
off him,
him, leave
by
leave him
him alone.
up
alone, And
And II stood
was
my
stood up because
view
blocked by aa
vehicle.
And
I
what
who
himself
introduced
to
saw
was
me
a
gentleman
earlier,
vehicle. And what I saw was a gentleman who íntroduced himself to me earlier, as
as Tim.
Tim,
And
I
him
familiarface
from
and
other
Groove’s
local
as
a
recognized him as a familiar face from past
And I recognized
past Souper
Souper Groove's and other local music
music
events.
off and
sweating as
events. II noticed
noticed that
that Tim
Tim had
had his
his shirt
shirt off
and was
was sweating
if he
he had
been involved
as if
had been
involved in
in
around
notice
of
some
other
not
the
him.
There
people
some sort
physical activity.
sorl of
of physical
people
activity. II did
notice
other
any
did not
of the
around him. There
were
no hands
were definitely
definitely no
hands on
him and
on him
and his
hands weren’t
weren't on
else. He
He was
was standing
his hands
on anybody
anybody else.
standing
himself.
So
I
about.
who
the
woman was
up
right. by
yelling about. However,
up right.
by himsclf. So I am
unsure who the woman
am unsure
was yelling
However, II
distinctly
remember seeing
distinctly remember
seeing Tim.
Tim.
a,
A.
Can
please describe
Can you please
describe Timothy
Timothy Harden?
Harden?
He
well kept,
tsut he
He had
had short,
short. well
blondish hair.
height. But
kept, blondish
hair. II think
think he’s
he's like,
like, average height.
he was
was
muscular Nice
incredibly
be close
close to
incredibly muscular
Nice features.
features. II think,
think, blue
He appeared
appeared to
to be
eyes. He
to my
blue eyes.
oldest
oldest son’s
son's age, who
who is
is 34.
34.
\
Prosecutor's"F-II
Prosecuto
.
0 V110
10
Filed 08/04/16 Page 12 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1149
Statement
Statement of
of Christine
Ch¡istine Brown
Brown
Date:
2015
Date: October
October 16,
16,2015
Page
Page:3
I
a.
Where
Where on
grounds, was
on the
the festival
festival grounds,
was your campsite
carnpsite located?
located?
A.
The
car camping
the RV
The right
right hand
hand side
side of
of the
the car
camping area, in
grounds, alongside
in the
the back
back of
the grounds,
alongside of
of the
of the
RV
2
5
4
5
6
7
I
parking.
parking.
a.
At
At any
any time
time during
during the
the festival,
you observe
festival, did
did you
guards interacting
observe any
any security
security guards
interacting with
with
Timothy
Timothy Harden?
Harden?
A
No.
No.
a
At
At any
time during
any time
during the
the festival,
you observe
festival, did
did you
observe any
any Police
Police Officers
Officers interacting
interacting with
with
'l'imothy Harden?
Timothy
Harden?
A.
No.
No.
a.
At
At any time,
you observe
time. did
did you
observe Timothy
Timothy Harden
Harden or
or receive
receive any
any information
information about
about Timothy
Timothy
Harden
substances?
utilizing
illegal
Harden utilizíng any illegal substances?
A.
II did
take any illegal
did not
not see
see him
him take
illegal substances;
substances; however,
however. friends
friends had
had mentioned
mentioned that
that he
he had
had
indicated
that
and
he
for
on drugs
was
more
ildicated that
looking
that he
he was
was on
drugs.
drugs and that he was looking for more drugs.
a.
Have
contact with
Fiave you had
prior contact
had any prior
with Timothy
Timothy Harden?
Harden?
A.
II can’t
can't exactly
exactly recall
recall where
where and
and when,
when, but
but he
he is
is aa familiar
familiar face.
recall Tim
face. II recall
Tim being
being at
at the
the
Groove
in
the
Souper
working security.
Souper Groove in the past,
past, working
security.
a.
At
point during
At any point
during the
the festival,
festival, did
did you observe
observe Timothy
Timotþ Harden
inappropriately or
Harden acting
acting inappropriately
or
in
his
well
or
in aa way that
that you were
safety
-being?
were concerned
concerned for
-being?
for his safety or well
9
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A.
Other
didn’t notice
Other than
than dancing
dancing with
with aa higher
intensity than
people were
higher intensity
than most
most people
were dancing,
dancing, II didn't
notice
that
of
anything
anything that was
was out
out of the
people there
the ordinary.
ordinary. Most
Most people
are filled
filled with
with aa lot
of zeal.
there are
lot of
zeal,
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Prosecutor's
Prosecutor'
Ie 0111
111
Filed 08/04/16 Page 13 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1150
Statement
of Christine
Brown
Ch¡istine Brown
Statement of
2015
Date:
October
16,
Date: October 16,2Al5
Page
Page 4t
I
a,
Is
time?
at this
this time?
to add
add to
to your statement
statement at
there anything
would like
like to
Is there
anything you would
A.
No.
No.
2
3
4
5
6
7
I
October 16,
TYPIN
G CONCLUDED
l:58 p.m.
16. 2015
2015 1:58
TIME: Octobsr
DATE AND TIME:
TYPING
CONCLUDED - DATEAND
—
9
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4
{5
STATEMENTREVIEW
STA'TEMENI REVIEW AND
AND SIGNATURE
SIGNATURE
of 44 pages; each
II have
including
initials including
bears my initials
each page bears
thís statement
read this
statement consisting
consisting of
have read
facts
contained
thatthe
I
and
initialed
in
corrections
own
certify that the facts contained
any conections initialed in my own handwriting;
handwriting; ancl I certify
herein
herein are
are true.
true.
:ó
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:8
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DATEANDTIME:
DATE AND TIME:
!0
?:01
‘°i"3i_'rl3’_ Q:0’
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Christine Elrown
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Detective Dan
Momnouth
Prosecutor's Office
County Prosecutor's
Office
Monmouth County
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Detective
Brian Weisbrot
Weisbrot
Detective Brian
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Momnouth
County Prosecutor's
Prosocutor's Office
Office
Monmouth County
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Prosecutor's
Prosecutor's File
File 01
0 12
Case Document 63-1 Filed 08/04/16 Page 14 of 100 PagelD: 1151
STATEMENT
STATEMENT OF: Christy Meyer
ADDRESS TELEPHONE N0: --
Brick, NJ 08724
DATE PLACE OF BIRTH: - Syracuse, NY
SOCIAL SECURITY --
TAKEN AT: Monmouth Counly Prosecutor's Office
132 Jerseyvill: Ave.
Freehold, NJ 07728
QUESTIONED BY: Detective Daniel 1301le
Monmouth County Prosecutor's Office
Detective Brlan
Monmoulh County Prosecutor's Office
TYPED Marianne Capo
Monmouth County Prosecutor's Office
DATE 86 TIME: October 15, 2015 5:19 am,
Ms. Meyer, I am Detective Daniel Bow of the Monmouth County Prosecutor's
Office and present here is Detective Brim Weisbrot ofthe same ofi'loe. It is our duty to ask
you questions regarding the circumstances surrounding the incident that occurred at the
Priediane located at 1017 Route 334 Freehold, New Jersey involving Timothy Harden on
September 5, 2m 1
This statement must be a Voluntary one. given of your own free will and accord.
without any threats or promises, knowing that what you say may be used in a Court of Law.
Are you willing to give a voluntary statement at this time?
Yes
Prosecutor'smm.' D113
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1152
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a
What
age?
is your age?
What is
J
A.
3377
a.
What
occupation?
is your occupation?
What is
A.
Bookkeeper
Bookkeepen
a.
What
education?
formal education?
is your formal
What is
A.
Masters
Phoenix
University of
of Phoenix
from University
Masters from
a.
married?
Are
Are )'(ILl
¡'r'u married?
A.
Yes
Yes
a.
and understand
Can
Language?
English Language?
the English
write and
understand the
read, write
Can you read,
A.
Yes
Yes
a.
at 1017
1017 Route
Route
located at
Priediane located
at the
the Priediane
Calling
that occurred
occu¡red at
to the
the incident
incident that
attention to
Calling your attention
tell
Harden
2015,
5,
please
on
please
us in
in
September
tell us
New
5.2tI5,
Timothy
33,
involving Timothy Harden on Septemher
Jersey involving
Frðehold, New Jersey
33, Freehold,
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Page
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Statement
MeYer
ChristY Meyer
of Christy
Statement of
A.
of this
íncident.
this incident.
have of
words what
what knowledge
knowledge you have
your own
onn words
Jeff Mahajan
Mahajan as
me by
by Jeff
as aa
II was
to me
brought to
Tim was
was brought
and Tim
gate manager on
on Friday
Friday and
front gâte
was the
the front
of
the
to
the
entrance
at
stand
instructed
to
then
gate
Tim
gate
for
the
front
of
the
to
was
volunteer
entrance
at
the
gate. Tim was then instructed to stand
volunteer for the front gate.
2
about
hours
for
front
the
on
worked
Tim
tables.
direct
gate tables. Tim worked the front gate for about 2 hours on
up to
to the
the front
front gate
traffic up
direct traffic
volunteer bracelet
and It did
bracelet
his volunteer
changed his
morning. II changed
Friday
until Saturday
Saturday morning.
not see
see him
him again
again until
did not
Friday and
within
left
55 or
he
and
he
on
the
was
in
Friday
stand
within
instructed
him
same
left
or 10
to
he
l0
and
a¡rd
place
place
on
Friday
was
he
the
sanre
and instructed him to stand in
and
received
lunch
have
a
1:30
to
about
Priediane
left
I
there.
and
received
of
lunch
a
minutes
go
have
p.m.
to
standing there. I left Priediane about 1:30
minutes of standing
the
front
II
at
there
that
a
3:15
was
and
3
gate.
problem
gate.
Emillus
between
the
front
call
Casey Emillus between 3 and 3:15 that there was a problem at
call from
from Casey
the
of
Tim
one
that
security
guards
said
she
and she said that Tim punched
what the
punched one of the security guards
asked
problem was
was and
the problem
her what
asked her
and she
did
said
I
-1
and
9-]
call
she said
said
and
call yet and
face
that call
in
the
make that
were
you make
-1
I
said
did
they
gonna
9-l
and
call
in the face and they were
and
she
if
was
her
asked
I
okay
9-1-1.
call
to
the
was
Maltis
okay
and
she
everyone
was
if
making the call to 9-l-1. I asked her
yes Lenny
Lenny Maltis was making
blood
face
of
his
bit
little
on
had
a
the
that
did
said
guard, had a little bit of blood on his face
security guard,
yes. She
Brandon, the security
She did say that Brandon,
said yes.
back
would
said
I
point when
I
time
come
that
that point
At
fine.
when II
At that
he
but
was
the festival.
festival. At
to the
back to
come
would
said
I
that
time
I
was
fine.
At
but he
and
what
going on
on and then
then II
was going
know what was
him know
to let
let him
Mahajan to
hung
Jeff Mahajan
called Jeff
and II called
with her
her and
up with
hung up
the
gate
front gate
off at
at the front
returned
dropped off
was dropped
p.m. II was
3:45 p.m.
grounds around
around 3:45
festival grounds
to the
the festival
back to
returneã back
front
down
the
shut
to
needed
if
asked
we
gate
and
gate
tables
down
the
front
front
the
to
and
walked up to the front gate tables and asked if we needed to shut
¿urd II walked
down some
tape in
in the
the tree
tree
staff
the caution
caution tape
of the
and
some of
pulled down
point II pulled
at that
that point
So at
toid me
rne no.
no. So
my
søff told
and
in
the
Tim
was
vehicles.
already
the
from
in
the
traffic
was
abeady
direct
Tim
lines
our
to
emergency
vehicles.
the
from
away
away
lines io direct our traffic
back.
I
When
after
minutes
15
about
left
got
ambulance
the
and
I
back'
When
arrived
I
after
when
minutes
ambulance
15
about
left
ambulance when I arrived and the ambulance
gate
the front
front gate
behind the
tree line
line behind
there were
II arrived
along the
the tree
standing along
police offlcers
officers standing
few police
rnrre aa few
arrived there
in
the
he
ambulance,
think
was
makes
which
me
in
in
ambulance,
tables
view, which makes me think he was the
not in my
m1' view,
was not
but Tim
im was
tables but
after
minutes
15
left
when
got there.
there.
they
after II got
15
minutes
left
especially
when
they
especially
Prosecutddgilf-Tie
Prosecu t&Affie
00l114
14
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\lO-LJi$a):_.éo‘nUI;btQ
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3
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2
Statement
Christy Meyer
Meyer
of Christy
Statement of
Page
Page 33
a
.3’
A.
.>#O?0
encounters withTim?
with Tim?
Prior
previous encounters
had any previous
have you had
this years festival
festival have
to this
Prior to
A.
No.
No.
a.
Tim?
with Tim?
conversations with
have any conversations
did you have
During
or Saturday
Sahuday did
either Friday
Friday or
During either
A.
J
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was it
it for
for
that was
but that
candy but
man candy
On
being my man
him being
around about
about him
quickly joked around
we quickly
l.riday we
On Friday
he
that’s
said
and
married
I’m
said
I
and
kiss
for
that's
a
asked
he
he
me
and
said
then
married
and
I'm
I
said
and
Saturday
Friday
Friday and then-Sarui¿ày he asked rne for a kiss
when he
and II said
he went
went to
to
that's when
and that’s
said yes and
he said
and he
okay and
are you okay
okay
kiss and
said are
want aa kiss
okay iI just want
his
spot.
his spot.
guards interacting
interacting with
with
At
security guards
observe any security
did you observe
Saturday did
point in
in time
during Saturday
time during
At any point
Tim?
Tim?
A.
No.
No.
a.
with Tim?
police officers
l'im?
interacting with
At
officers interacting
see any police
did you see
point in
time on
on Saturday
Saturday did
in time
Ar any point
A.
Nope.
ìrtope.
a.
scene?
see on
on scene?
When
did you see
ambulances did
festival how
how many ambulances
the festival
back at
at the
arrived back
V'hen you arrived
A.
One.
One.
a.
Where
that ambulance?
the location
location of
of thatambulance?
was the
Where was
A.
parallel to
Parallel
behind the tenfsfil¡ry
line behindthe
to the
tree line
the tree
a.
did you observe
pull into
into that
that
ambulances pull
After
other ambulances
observe any other
at the
the festival
festival did
back at
anived back
After you arrived
location?
location?
.3’
A.
No.
No.
a.
or in
in way that
that
inappropriately or
At.
acting inappropriately
Tim acting
observe Tim
during the
did you observe
point during
the festival
festival did
At any point
for his
his well
well being?
being?
you were
were concerned
concemed for
A.
No.
No.
l1
t
hair.
no chest
chest hair.
beard, no
no beard,
to have
curly, no
hair, curly,
Well
personality, blonde
blonde hair,
nice personality,
have aa nice
built, seemed
seemed to
Well built,
on and
shorts.
and shorts.
Saturday
shirt on
his volunteer
volunteer shirt
he had
had his
Saturday he
a.
'4
t7
Could
Timothy Hardin?
Hardin?
describe Timothy
please describe
Could you please
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Prosecutor‘
0 15
Prosecuto ,.'0,Wiàr
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Page D: 1154
o~O<:\l'LnAuzt)._°]U‘pmN
fizaojsxr):—.~_
I
Statement
Christy Meyer
MeYer
of Christy
Statement of
Page
Page 44
a.
been using
using any
had been
did you receive
Tim had
that Tim
the festival
indicating that
information indicating
receive any information
During the
festival did
During
alcohol?
drugs or
consuming alcohol?
or consuming
drugs
A.
Not
no.
Not really,
reaily, no.
a.
lefi the
Where
festival?
the festival?
time you left
during the
the time
travel to
to during
did you travel
Where did
A.
home and
and get my
going to
to go home
II went
was going
and II was
lunch and
area to
to get lunch
Pleasant area
the Point
Point Pleasant
back to
to the
went back
2
3
4
5
6
7
I
9
0
kids
cleaned up.
kids cleaned
I
'2
a,
statement?
Is
add to
to your statement?
like to
to add
else you would
would like
there anything
anything else
Is there
J
A.
II feel
loss.
family's loss.
for his
his family’s
feei very sorry for
V_.
.4
_<,
5
2015 5:39
p.m,
5:39 p.m.
TYPTNG
15,2015
October 15,
TIME: October
DATE AND TIME:
CONCLUDED - DATEAND
TYPING CONCLUDED
—
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STATEMENT
SIGNATURE
AND SIGNATURE
REVIEW AND
STATEMENT REVIEW
each page bears
including
this statement
initials including
II have
bears my initials
of 44 pages; each
consisting of
statement consisting
read this
have read
contained
facts
the
that
I
and
certify that the facts contained
ha:rdwriting; and I certify
own handwriting;
in my own
corrections initialed
initialed in
any corrections
herein
true.
are true.
herein are
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16
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TIME:
DATE
DATE AND
AND TIME
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Christy
Meyer
Christy Meyer
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Daniel Bozza
Monmouth
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Prosecutor's Office
County Prosecutor’s
Monmouth County
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Detective
Weisbrot
ve Brian
Brian Weisbrot
Monmouth
County
Office
Prosecutor's Office
Monmouth County Prosecutor’s
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Prosecutor's File
16
Prosecutor's
File 0116
C
Case Document 63-1 Filed 08/04/16 Page 18 of 100 PagelD: 1155
STATEMENT
STATEMENT OF: Tina Pinelli
ADDRESS a TELEPHONE N0: --
Ocean Grove, NJ 07756
DATE 8c PLACE OF BIRTH: - Neptune NJ
SOCIAL SECURITY NUMBER: --
TAKEN AT: Monmouth County Proseculur's Office
132 Jerseyyillc Ave
NJ [17728
QUESTIONED HY: Delectiv: Danicl Bozza
Monmouth Count} Prosecutor's Ollioe
W1 TNESSED BY: Delectiw Btian
Monmnulh County Prosecutor's Omce
BY. Mariam: Capa
Monmouth County Prosecutor's Office
DATE. 54 TIME: October 5, 2015 4:09 pm.
Ms. !'ine11i. Em Detective Daniel 13on ofrhe Munmoulh Cnumy Prosetulur'a 0mm;
and her: is Detective Brian Welsbrut of the same office. It is our duty to asl. you
questions regarding the circumstances surroundi the incident that occurred at the
Priudiane located at 1017 Rt 33. Freehold, New Jersey involving Timolhy Harden on
September 5, 2015.
This statement must be a voluntary one, given of your own free vull and accord. wilhuul
any threats or promises, knowing that what you say may he used in a Conn at Law
Are you willing to give a voluntary sratement at this time?
Yes I am
Prosecutor'l'fil'fo
17
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Page D: 1156
_.a\or~u:;>mt°,cMA .0>rO?C'o:;
Page
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a
What
age?
is your age?
What is
A
33
JJ
a
What
occupation?
is your occupation?
What is
A
Student
Student
a
education?
What
formal education?
is your formal
What is
A
Junior
University.
Monmouth University.
in college,
Junior in
college, Monmouth
a
married?
Are
you married?
Are.\,ou
A
Divorced
f)ivorced
.7
a
Can
Language?
the English
English Language?
understand the
write and
and understand
read. write
Can you read.
i8
,9
A
Yes
Yes
I
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5
6
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Pinelli
Tina Pinelli
of Tina
Statement of
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occurred at
at 1017
1017 Rt
Rt 33.
33.
located at
the Priediane
Priedianc located
at the
that occurred
Calling
incident that
the incident
atrention to
to the
Calling your attention
tell
in
2015
us
Harden
on
please tell us in
5, 2015 please
Freehold,
September 5,
Tinrothy Harden on September
involving Timothy
Jersey involving
New Jersey
Freehold, New
incident.
this
of
have
what
words
knowledge
íncident,
you
have
of
this
yaur own
words
what
knowledge
your
own
of the
the event.
event. Ben
Ben
So
coordinator of
the volunteer
volunteer coordinator
from the
received aa text
text from
morning II received
So Thursday
Thursday morning
also
I
Tim
who
volunteer
picked
was
another
Harding.
picked
up
Bleefield,
pick up another volunteer who was Tim Harding. I also
me to
to pick
asking me
Bleefield, asking
his
Tim
at
I
with.
grandmothefs
friends
I
grandmother's
that
volunteer
was
another
picked
at
his
Joe
Tim
up
picked
I
with.
Duffy,
friends
that
I
was
volunteer
another
Duffy,
Joe
was very
house
good spirits.
spirits. he
he was
vcry
in good
seemed in
He seemed
then. He
hinr before
before then.
never met
met him
in Belmar.
Belmar. II had
had never
house in
there
When
we
the
we
event.
for
set
Priediane
to
got
got
the
we
there
wc
he
went
to
When
begin
nice,
up f'or tlre event.
nice, he went to the Priediane to begin set up
Tim
tents
or
out
while
set
little
After
helped
we
camp. f inr helped
immediately
started working.
working. Afler aa little while we set up out tents or camp.
immediately started
didn’t
he
said
he
and
bring
needed
he
if
sleep
him
asked
I
with
bring gear to
to sleep
tent
help
didn't
he
he
said
help
and
needcd
setup.
if
he
him
my
I
asked
tent setup.
with
worked
with
I
Tim
So
work.
back
morning
to
then
Friday
went
and
with
first
worked
the
there
I
we
Tim
moming
Friday
So
night
work.
there the first night and then we went back to
know
that
for
vehicles
Tim
things
the
front
was
time
you
this
at
things
and
checking
know
that
for
gate. Tim was chesking vehir:les
again and this time at the front gate.
again
in
and
in.
He
was
good
spirits
cars
I
and
in
guiding cars in. lle was in good spirits and he
weren't
he
was just guiding
the festival
festival and I wasjust
atlowed in the
weren't allowed
when
in
weren’t
that
once
later
passing
him
I
with.
passing
when
night
work
weren't
fun
to
in
saw
again
once
was
night
that
later
lrinr
again
with.
I
saw
to
work
rvas fun
before II went
time before
went
the last
last time
saw him
him the
a.m. when
when 1I saw
working
probably almost
almost 55 a.m.
was probably
no more.
more. It
It was
working no
he
seemed
like
and
cheerful
was
and
He
talk.
small
was
make
We
seetned
like
he
was
bed.
aud
happy
to becl. \l/e just make smalt talk. lle was happy and cheerful
to
Daniel
were
and
Hickman,
When
influence.
me
the
boyfriend.
Hickman,
were
maybe
drunk or
or under
under the influelrcc. When nre and my boyfriend. Daniel
maybe drunk
did not.
not. II went
went to
no we
we did
to
We said
said no
or mollys.
rnollys, We
ketamine or
walking
rve had
had any ketamine
off he
asked if
if we
waiking off
he asked
be
work
at
to
I
late.
was
I
supposed
at
that.
while
after
to
be
work
little
supposed
slept
morning
bed
was
I
Saturday
late.
a
I
slept
morning
bed a little while after that. Saturday
canlp II overheard
overheard
around
work from
fiom camp
to work
7. On
On my way to
like 2.
till more
more like
there till
but didn’t
didn't get there
around 1I but
Tim
with
where
that
earlier
incident
day
been
had
an
there
that
T'inr
wltere he
with
he
volunteers
other
saying that there had been an incident earlier that day
other volunfeers saying
had
and
traffic
to
into
and
they
the
had
lrighvrav and got into traffic and they hatl to
onto thc highway
festival onto
of the
out of
the festival
to run
run out
had tried
tried to
I
Prosecu 0
Fi
18
0 118
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o\1u.x>mD,°J‘&_N
'Iina Pinelli
Statement of
Pinelli
of Tina
Statement
3
Page
Page 3
"babysitting" him
hinr the
the
calm
sort of
of “babysitting”
were sort
that they
they were
said that
get him
in. They
They said
him back
back in.
to get
and try to
calnl him
him and
he
had
that
There
rumors
were
else
make
he
had
that
the
to
of
rumors
happened.
rest
nothing else happened. There were
sure nothing
moming to make sure
rest of the moming
cocaine but
anything
never saw
saw anything
btlt II never
LSD or
or cocaine
like LSD
possibly taken
drugs like
taken drugs
stayed
and possibly
all night
night and
stayed up all
when
I
hour
’/2
saw
for
there
and
front
was
the
saw the
the
maybe
I
to
when
I
went
Vzhour
maybe
for
there
gate
gate
and
was
front
actually
happen.
to
the
actually happen, I went
front
the
towards
They
Tim
gate.
gate.
the
cart
coming
with
front
They
staff
and
the
pursuing
towards
golf
staff and security
security with the golf cart pursuing Tim coming
golf cart
cart was
was
The golf
wrestled
him down.
down. The
keep him
him and
and keep
ground and
to calm
calm him
and tried
tried to
the ground
fo the
wrestled him
hím to
hired
was
who
one
security
Brandon
was
named
and the
of
driven
by Ben
bouncer named Bra¡rdon who was hired security was one of
the one
one bouncer
Ben and
driven by
didn’t
and
he
his
and
anns
legs
move
to
he
didn't
and
legs
he
Tim
anns
them.
his
was
trying
get
tnove
get
up
kept
up
and
struggling,
to
kept
trying
them. Tim was struggling, he
had
couple minutes
that Brandon
Brandon had
minutes that
want to
after aa couple
noticed after
his back.
on his
back. II noticed
He was
was on
stay down.
down. He
to stay
h
The
from.
\
it
where
Icouldn’t
was
coming
t-shirt.
blood
his
the
a
see where it was coniing from. The tgåçål5 g$t the
on his t-shirt. I couldn't see
a lot
lot of
of blood on
tat first
until police
e{fices ttliat
f ¡rsl
staff
f-ew emcee
were aa few
There were
on for
police arrived.
arrived. There
minutes until
for aa couple
couple minutes
went on
staff went
the scene
scene
a few
approached the
officers approached
The officers
later. The
minutes later.
responded
few minutes
came a
an ambulance
ambulance came
responded and
and an
Tim
hold
down
and
to
the
same
staff.
the
trying
thing
for
Ti¡n
down
were
took
to
hold
and
and
doing
over
trying
They
aná took over for the staff. They were doing the same thing
while
little
for
'fhis
went
This
a
on
still
maybe
down.
He
calm
ten
went on for a little while maybe ten
struggling.
was stitl struggling.
ger him
get
to calm dow¡1. He was
him to
able
wasn’t
I
minutes
whole time,
time, II was
was
the whole
view this
this the
to View
working so
so I wasn't able to
was still
still working
estimated. II was
minutes estimated.
little while
over by
by Tim
Tim and
back
and
and forth.
pulled from
cntrance over
fronl the
the entrance
the ambulance
whilc the
ambutance pulled
Atter aa little
fofh. After
back and
in
where
were
we
the
tents
and
Tim
checking
between
wc
were
checking
in
what
wlrere
on.
tents
was
They
parked between Tim a¡id the
going on. They parked
what was going
could
but
if
not
handcuffs
see
tie
with
the
ambulance
behind
walk
officers
zip
guests. II saw
guests.
saw officers walk behind the anlbulance with zip tie handcuffs but could nol see if
ambulance
the
notice
but
ambulance
the
into
them put Tim
see thell'r
Tim into the anlbulallce bttt tlotice the alttbulance
they
didn't see
were used.
used. Ii didn’t
they were
this
At
while.
after
yellow
and
forth
they were
back
trp the
a
to put up
the yellow
staning to
point they
were starting
rocking
while.
At
this point
rocking back and forrh afier a
left
ambulance
the
and
minutes
few
another
After
the
crime.
of
off
the
block
lell
and
the
ambttlaltce
scene
to
nlinutes
tape
tape to block otTthe scelle of the crinre. Afler another few
it
because
leave
was
asked
to
ptivate
told
I
were
but
private
showed
was
12
News
also
they were asked to leave because it was
up but I was told they
also News 12 showed up
1
")
J
4
5
6
7
I
9
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property.
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tt
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t0
ll—-
he had
shoes
I’m
think he
had shoes
believe. II think
have on
on shorts
shorts II believe.
did have
he did
o¡r but
but he
had no
no shirt
shirt on
sure he
he had
I'm pretty sure
He
seemed
blue
sort
blonde
muscular
hair,
He
100%.
but
build,
eyes.
He
sort
I’m
eyes.
seemed
not
was
tall,
hair,
blue
on
blonde
build,
muscular
was
lall,
on but I'm not 100%, He
wasn’t
down.
He
of
it.
he
like
out
calming
know
was
bit
little
calming
down.
of
wasn't
of
it.
He
a
was
out
panicked you know like he
conflused, a little bit panicked
of confused,
Can
scene?
incident scene?
view of
of the
the incident
please describe
describe your view
Can you please
guard that
that was
was in
II pretty much
in the
the
maybe aa bouncer
security guard
or security
bouncer or
view besides
besides maybe
clear view
had aa clear
much had
able
to
I
and
no
see
was
between
us
longer
the
ambulance
until
him
able
to see
pulled between us and I was no longer
way wrestling
wrestling him until the ambulance pulled
way'
Tim
officers,
the officers.
Tim and
and the
mentioned by
of Brandon?
Brandon?
Can
name of
the name
by the
guard you mentioned
please describe
security guard
the security
describe the
Can you please
a.
r8
r9
Can
incitlcnt?
the incident?
the day
of the
day of
Hardin on
on the
please describe
Tinrothy Hardin
descríbe Timothy
Clan you please
I
skin toned
toned and
and he
he
He
medium skin
Spanish, medium
maybe Spanish,
wanna say maybe
to tall.
tall. II wanna
average to
tall average
He as
as muscular,
muscular, tall
that
the
had
the
one
which
shirt
was
had
he
bald
one
that
had
the
the
a
security
shaved
was
had
yellow
which
or
head,
shirt
a
yellow
security
a
he
had
head,
had a shaved or bald
blood
on it.
it.
blood on
t2
l3
l.
l5
Prosecut
P
S
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Statement
Pinelli
Statenrent ofTina
of 'Iina Pinelli
Page
Page 44
lI
2,)
3
44
55
()
event personnel
did you hear
incident did
personnel
guard or
or event
At
security guard
hear any security
point in
the incident
in time
tilne during
during the
At any point
Hardin?
to
Timothy
anything
say anything to Timothy Hardin?
A.
A
calm down,
need you to
II heard
it, we
we need
to
fighting it,
stop fighting
down, stop
slay down,
down, stay
police officers
saying calm
the police
officers saying
heard the
the
think
don’t
I
guards said
security guards
said
relax,
of things.
things. I don't think the security
sorts of
down, those
those sorts
to stay
we need
need you to
stay down,
relax, we
anything.
anything.
6
6
7
8I
99
,0
0
1I
22
'33
44
5
=6
:6
71
8
r8
9
>0
t0
I
-i!ri
Q.
a
incident did
police officers
officers
the police
to either
either the
anything to
During
Timothy Hardin
Hardin say anything
did you hear
hear Timothy
the incident
During the
or the
guards?
security guards?
the security
or
A.
No
No II did
did not.
not.
Q
a
you observe
any security
security
observe any
Hardin did
did yott
guards interaction
Tinrothy Hardin
During
with Timothy
inreraction with
the security
security guards
During the
Hardin?
strike
Mr.
guard
guard slrike Mr. Flardin?
A.
i-Hatter:-‘
witness any strikes
II did
that Sffi
of that
or anything
anything of
kicks or
strikes or
or kicks
did not
not witness
Q.
a
At
police
include any police
to include
strike anybody
anybody to
witness Tim
Tim strike
poin{ during
incident did
did you witness
At any point
during the
the incident
officer
or
guards?
security guards?
otlicer or security
A.
A
No
by Brandon
Brandon that
that Tim
Tim
afterwards by
was told
told afterwards
No II did
although II was
¡lot witness
witness Tim
Tim strike
strike anyone although
did not
blood
Brandon’s
there
on
is
was
that
back
and
Tim
had
and
he
him
struck
had
struck
on
why
was
Brandon's
blood
there
is
why
that
had slruck him and he had struck Tinr back and
his and
and Brandon
shirt.
the incident.
by the
incídent,
shook up by
looked shook
not his
Brandon looked
said it
it was
blood and
and not
shirt. He
Ile said
was Tim’s
Tim's blood
Q0
At
individuals?
Tim spit
spit on
on any individuals?
point during
witness Tim
did you witness
during the
the incident
incident did
At any point
A
did not.
No
No II did
not.
Qa
the incident
At
Timothy Hardin?
police officers
strike Timothy
Hardin?
officers strike
point during
observe any police
during the
incident did
did you observe
At any point
A.
and elbows
II didn’t
push him
him down.
down.
to push
elbows to
punch himjust
forearms and
fhem punch
him just using
using forearms
didn't see
see them
Q.
did you
At
guards
or security
security guards
police officers
you observe
officers or
any police
point during
observe any
incident did
during the
the incident
At any
any point
in
restrict
Hardin’s
way?
airway
Timothy
way?
any
restríct Timothy Hardin's airway in
A.
did not.
II did
not.
2;;
14
t4
25
t5
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!6
t7
27
!8
!8
39
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il
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33
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/we?
Prosecutor's
F¡le
Prosecutor's File
(i120
20
( 1
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of Tina
Statement
Tina Pinelli
Pinelli
Statement of
Page
Page 55
I
a
2
anyone?
anyone?
4
was
II didn’t
seeing who
who was
me without
without seeing
frorn behind
behind me
hear from
directing it
it but
but II did
did hear
see someone
someone directing
didn't see
here.
of
out
these
need
this
to
we need to get
off, we
Basically it
people out of here. Basically
get these people
it
speaking
to block
block this off,
we need
need to
speaking we
the
didn’t
to
want
scene.
seemed
like
see
people
they
people
see
the
scene.
want
to
they
didn't
seemed like
5
6
7
I
—-o~\:.n4L>m
At
while they
weapons while
they were
were
police officers
any weapons
you observe
use any
any police
point did
offrcers use
did you
observe âny
At any
any point
interacting
Tim?
with Tim?
interacting with
9
i0
]I
2
driveway next
You
nsxt to
to the
the driveway
the tent
tent
location from
from the
moved its
íts location
that the
the ambulance
ambulance moved
You stated
staled that
there
to
directed
move
this
ambulance
and yourself
between
by
yourself was
was this ambulance directed to move there by
Hardin and
Timothy Hardin
between Timothy
A.
A
Not
rhat II noticed,
noticed, no.
no.
Nol that
a
How
wère interacting
interacting with
with
police officers
who were
officers who
you describe
the police
would you
describe the
the demeanor
demeanor of
of the
How would
Tim?
Tim?
”:J_
IJ
_5.-‘°“\"3,-‘4>~'
G"-'S:?>5»T.a3ts
5
ó
_
1
control the
yelling commands
They
by yelling
co¡nrnands
yelling in
the situation
situation by
to control
They were
were yelling
in their
their commands
commands trying
trying to
.8
like
commands.
stay down
down those
sort of
dowlt, calm
calm down,
down, stay
those sort
of commands.
like get down,
i9
t0
ll
a
Pleuse
police officer?
officer?
the police
describe Tim’s
Tim's behavior
behavior in
of the
Pleirse describe
in the
the presence of
l.
,.3
A
,"4
l5
!6
!7
!8
t9
a
It
He was
police showed
he was
was with
with security.
secwity. I-le
was not
not
up when
when he
as before
before the
the police
showed up
lt was
was the
the same
same as
kind
of
of
confused.
out
He
seemed
it,
still
was
to
scared,
down,
trying
it,
kind
calming
get
of scared,
up, seemed confused. He was out of
calming down, still trying to get up,
confused, panicing.
panicing.
confused,
of being
Did
in any way?
way?
Did you hear
hear Tim
Tim complain
complain of
being injured
injured in
in all
No
No II never
heard him
him say anything
all of
of this.
this.
never heard
anything in
r0
n"'
t2
I3
t4
t5
16
t7
t8
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Prosec or's
Fi
Pro
r's Fi
C 121
121
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O\LI—A»Jr)._<3go%]°hbF
I
Statement
Statenrent of
of Tina
Tina Pinelli
Pinelii
Page
Page 66
Is
Is there
anything else
else you would
would like
add to
to your statement?
there anything
like to
to add
statement?
a
1
3
4
5
6
7
8
I
i0
I
~°=‘c3toa."
fine and
Just
go for
would be
be fine
and just go
Just that
that when
when the
the ambulance
that he
he would
for aa
ambulance left
left II had
had assumed
assumed that
when
until
evaluation.
didn’t
he
know
mental
I
passed away until Monday
boyfriend told
mental evaluation. I didn't know he passed
Monday when my boyfriend
told
festival
had
wasn’t
the
me.
tour. This
This confused
confused
me, He
He had waited
waited to
to tell
rne so
too upset
upset during
during the festival tour.
lell me
so II wasn't too
what he
me
healthy at
me because
because II didn’t
at the
the time
time of
didn't understand
understand what
he could
could die
die from.
from. He
He seemed
seemed healthy
of
incident
incident.
the
had
been
the
and
in
until
spirits
really
good
the incident and had been in really good spirits up until the incident.
Is
would like
Is there
anything else
else you would
there anything
like to
to add
add to
to your statement?
statement?
No.
No.
2
TYPINGCONCLUDED
5, 2015 4:45
4:45 p.m.
TYPINC CONCLUDED - DATEAND
DATE AND TIME:
TIME: __October
_October5,2015
—
/
iq
5:\.E§‘]_G'C,"a-—v~u
5
t6
t7
i8
.t9
_
t0
STATEMENTREVIEW
S"I'ATEMENT REVIE \\/ AND
AND SIGNATURE
S ]QNATURE
II have
have read
read this
this statement
sfatement consisting
each page bears
initials including
including
consisting of
of 66 pages; each
bears my initials
corrections
initialed
in
facts
and
thatthe
I
contained
own
handwriting;
certify
any corrections initialed in my own handwriting; and I certify that the fncts contrincd
herein
hercin are
are true.
truc.
,r,
t.
{J
LiV1g_‘i’_“‘
ß15 I3
rs - 4--Et
'
t3
l4
DATE
DArF AND
AND TIME:
rlME
,.5
'
,.6
!7
l8
Tina
Tina Pinelli
Pinelli
t9
t0
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/<_
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_ _,.
Dole‘ V€’i’.)£ll‘llCi Bozza
Bozza
Monmouth
Monmouth County
County Prosecutor’s
Prosecutor's Office
Office
WW
#tf<
/)^nú-"L "C771
Detective
Detective Brian
Brian Weisbrot
Weisbrot
Monmouth
County Prosecutor’s
Monmu.:I)_
Statement of
Hoffman
Jeremy Hoffman
Statement
of Jeremy
Date:
23, 2015
2015
September 23,
Date: September
Page
Page 33
we wanted
and went
and we
wanted to
to
to my partner and
over to
went back
back over
approximately
minute then
then hung
hung up and
approximately aa minute
be
able
to
to
truck
the
evaluate
back of
of the truck to be able to evaluate
on the
the back
him on
patient on
and put him
get the
on the
the stretcher
stretcher and
the patient
him
and EMS
Department and
EMS
Poiice Department
the Police
helping the
giving him
was helping
prior to
the sedation.
him the
sedation. Ii was
to giving
him better,
better, prior
the
rolled
As
rolled
the
patient
stretcher
while
the
they
patient
over,
rolled
the
patient. As they
by
they rolled the patient.
by holding
holding the stretcher while they
The
was
the
immediately
patient was immediately
someone
patient was
non responsive.
responsive. The patient
was non
that the patient
stated that
someone stated
was
The
back.
his
the
on
patient
transferred
to
meaning
patient
was then
then brought
brought into
into
stretcher,
upright,
The
back.
meaning
on
his
to
upright,
the stretcher,
transferred
in
cardiac
the
that
was
determined
it
and
him
patient
which
was
next
to
the
patient
was
was
ca¡diac
in
the
truck,
that
right
the truck, which was right next to him and it was determined
arrest
as noted
noted in
in the
the
ALS interventions,
interventions, as
our ALS
with our
along with
in the
the truck,
truck, along
initiated in
arrest and
and CPR
CPR was
was initiated
the
When
off
removed
handcuffs
chart.
patient. When II
were removed off the patient.
middle of
of the
the code,
code, handcuffs were
In the
the middle
chart. In
don’t
his breath.
hreath. II don't
on his
w'.as a
of alcohol
alcohol on
attempted
patient, there
srnell of
a strong
there was
strong smell
the patient,
to intubate
intubate the
attempted to
.cl-wage. Due
recall
f)ue to
1o my high
high
myæJmrgÆ.
have to
to check
check my
heart beat.
beat. II would
would have
rcr.all if
if we
we reestablished
rccstablished aa heart
C^o-t-1G
don’t
recall.
of
volume
1
volume of work,
work, I don't recall.
I
2
t
4
5
6
7
I
I
IO
il
C"‘c\r“fi®
12
l3
Ii called
which were
medications, which
were
for medications,
orders for
further orders
and received
received further
control doctor
doctor and
called my medical
rnedical control
Center.
Medical
him
Shore
and
to
then
rendered
University
we
Jersey
Center.
Medical
transported
rendered a¡rd then rve transported him to Jersey Shore University
l4
l5
O«knJ>-L;.rQ:5$§)°B‘c,{\"St
r6
11
l8co
t9
a
Who
\\¡ho is
is Kevin
Kevin Donnolly?
Dorurolly?
Â
He
our control
deployment and
resource deployment
and
oversees resource
center supervisors.
He oversees
control center
supervisors. He
He is
is one
one of
of our
the
have
control
conducted
MONOC
center.
the
ability
to listen
listen to
operations conducted by
to the
the
They have the ability to
by the MONOC control center. They
ofrerations
obtain that
calls
He has
has access
access to
to
that information.
information. He
and obtain
call take
take themselves
themselves and
coming in
in and
and can
can call
catls coming
infonnation.
all
the
CAD
information.
all the CAD
‘
1l'
7
22
23
24
25
26
27
28
29
30
LAJ)ap.‘g
>»O_3/Q
a
how long
patient became
unresponsive
long were
became unresponsive
Approximately
the patient
scene before
before the
were you on
on scene
;\pproximately hr:w
A
It
It could
could not
not have
have been
been more
more than
than 55 minutes.
minutes.
Q,
Can
patient',)
provide aa physical
physical description
the patient‘?
please provide
of the
description of
Clan you please
A,
3t
32
33
34
AahumJ-O\o]
a.
Can
patient's demeanor?
please describe
demeanor?
desoribe the
the patient’s
Can you please
A.
He
yelling aggressively
aggressively but
but II
get out.
him yelling
remember him
to get
out, II remember
around trying
trying to
squirming around
He was
was squirming
couldn’t
was.
out what
what it
it was.
couldn't make
make out
a.
spitting or
to spit
patient spitting
spit blood
or attempting
attempting to
blood
During
the patient
on scene, did
did you observe
observe the
During your time
time on
around
him?
that
at
was
at anyone
anyone that was around him?
A.
No
No
J)
36
37
38
39
40
4l
4.
Ai).
6 foot.
He
wearing shorts.
shorts. No
was only
only wearing
No
He was
muscula¡. He
and ó
White, muscular.
He looked
looked between
between 5’l0
5'10 and
foot, White,
blood
from
he
had
his
believe
I
from
head
to
toe.
in
mud
covered
shirt.
He
coming
was
coming
he
from
had blood
his
shirt. FIe was covered in mud from head to toe, I believe
chart.
reference
have
would
I
to
don’t
remember
I
nose.
specifically. I would have to referense my chart.
nose. I don't remember specifically.
44A
Prosecuto
Prosecu
\\
,‘~
s
S
FII
.
25
0 125
Filed 08/04/16 Page 27 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1164
Statement
Statement of
of Jeremy
Jeremy Hoffman
Hoffman
Date:
2015
23,
September
Date: September 23, 201 5
Page
Page 44
I
a
Was
Was there
there anything
anything that
would have
patient's airway?
that would
have obstructed
obstmcted the
the patient’s
airway?
A
Not
Not that
that II could
could see,
see, no.
no. He
He only
had mud
mud on
on his
only had
his face.
face.
a
When
tl1e
or your
you arrived
When you
you or
your partner
arrived on
were you
paftner instructed
park the
on scene, were
instructed by
by anyone to
to park
ambulance
in
certain
location?
a
ambulance in a certain location?
A
No,
No, we
we were
were not.
2
3
4
{
6
7
I
9
When
you arrived
When you
arrived on
on scene, approximately
approximately how
how many Howell
Howell Township
Township Police
Police Officers
Officers
scene?
were
were on
on scene?
l0
il
l2
A
IJ
14
t5
a
l6
t7
r8
t9
A.
?(
),
a.
23
24
l
There
Officers. ldon’t
probably between
There was
was probably
between 88 and
and 10
10 Howell
Township Police
Police Officers.
Howell Township
I don't recall
recall how
how
Police
Officers
the
down.
many
many Police Officers were
were holding
patient down.
holding the patient
Can
Offlcers’ actions
you please
please describe
Can you
describe the
the Police
Police Officers'
were controlling
controlling the
actions while
while they
they were
the
patient?
patient?
They
They had
had him
him handcuffed
handcuffed behind
behind his
his back
back and
and they
him by
the limbs.
limbs. They
they had
had him
by the
1'hey weren’t
weren't on
on
of
the
but
his
limbs.
hands
That
It
all.
were
was
on.
was
patient,
top
they
holding
patient,
top of the
but they were holding his lirnbs, It was hands on. That was all.
During
scene, did
During your time
time on
on scene,
did you hear
Howell Township
hear any
any members
members of
of the
the Howell
Township Police
Police
Department
patient?
Departrnent talking
talking to
to the
the patient?
AI
2‘-Jot off
the top
call the
irot
offthe
top of
of my head,
head, II got there
there and
to call
walked away
right away to
the doctor.
doctor.
and walked
away right
'l
patient’s
patient's airway?
airway?
3C
A,
No.
No
JI
-i
25
26
27
28
29
32
33
34
36
a
Did
you observe
Did you
observe any
any member
member of
Howell Township
Police Department
Department utilize
of the
the Howell
Township Police
utilize any
control
the
to
weapons to control the patient?
patient?
A.
No.
No
38
39
40
Did
'l'ownship Police
you observe
Did you
observe any
any member
member of
of the
the Howell
Howell Township
Department strike
Police Department
strike the
the
patient?
patient?
No.
No.
35
37
Did
of the
you observe
Díd you
observe any
any member
member of
the Howell
Howell Township
Township Police
Police Department
Department obstruct
obstruct the
the
1l
1l
(
Prosecutor's
Prosecutor's File
File (( 3126
126
Filed 08/04/16 Page 28 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1165
=:9._‘°"U\4'-JN—oa1xt.nz>wr~_
Statement of
Statement
Jeremy Hoffman
of Jeremy
Hoffman
Date:
2015
23,
September
Dater September 23, 2015
Page
Page 5s
the event
interacting
During
frorn the
event interacting
your time
Security Guards
Guards from
During your
time on
on scene, did
did you observe
observe any Security
withthe
patient?
with the patient?
I
J
J
No.
No.
4
{
Did
Township Police
or the
the Howell
Howell Township
Police
team or
of the
the Security
Security team
Did you render
render first
first aid
aid to
member of
to any member
ó
Department?
Department?
7
I
9
A
No.
No.
a
rMlc did
Who
a result
call for
for service?
sen'ice?
of this
this call
did you notify
as a
of the
the outcome
outcome of
notify as
result of
10
II
t2
l4
II notified
what happened
happened regarding
regarding the
nctified operations
told her
her what
the
operatio¡ls manager, Donna
Dorura Furkey
Furkey and
and told
for
while
be
tied
the
a
situation
and
at
that
to
we
were
going to possibly
hospital for a while for
for clean
possibly be tied up at the hospital
situation and that we were going
clean
t5
up.
l3
16
l7
t8
T9
Did
actions after
your partner’s
Did you document
partner's actions
this call
call for
for service?
service?
document you and
and your
after this
Yes.
patient care
Yes, Electronic
Electronic patient
care reporting.
reporting.
),!'
22
7)
23
23
24
24
25
25
26
26
1'1
,!.6
M
29
30
30
31
3l
3')
_-12
33
33
J./
34
34
35
35
36
36
37
37
38
38
39
39
40
40
4l
4t
4?‘
47
l¿
Prosecuto
Prosecu
e
d127
0 27
Filed 08/04/16 Page 29 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1166
O\Lnb.)[_©o°]“J'ku ‘
t
Statement
Jeremy Hoffman
Hoffman
of Jeremy
Statement of
Date:
23, 2015
201.5
Date: September
Sepf ember 23,
Page
Page 66
a
add to
Is
to add
at thistime?
this time?
statement at
would like
like to
to your statement
Is there
there anything
anything you would
A
No.
No.
2
J
4
5
6
7
I
I
t0
ll
12
23. 2015 2:27
TYPING
2:27 P.M.
P.M
September23.2015
AND TIME:
TIME: September
TYPING CONCLUDED
DATE AND
CONCLUDED - DATE
—
STATEMENT
REVIËW AND
AND SIGNATURE
SIGNATURE
ST,{TEMENT REVIEW
t4
II have
consisting of
initials including
including any
each page bears
hears my initials
this statement
of 66 pages; each
have read
read this
statement consisting
facts
thatthe
I
and
corrections
contained herein
herein are
are
certify that the facts contained
initialed in
in my own
own handwriting;
handwriting; and I certify
corrections initialed
l5
true.
true.
l3
l6
t7
l8
l9
TIME:
DATE
DATE AND
AND TIME:
¿11
.‘/ 9_j_’; /3'f
*
i)
22
22
23
24
2'l
23
2J
26
26
Zt
28
28
29
29
30
30
3]
3l
32
32
33
34
34
35
Prosecutor's Office
ianiel Newman
Detectiii
Detecti
Newman
—
-
Monmouth
Prosecutor's Office
Offi ce
Monmouth County
County Prosecutor's
36
3ó
37
i8
Prosecutor's
( 28
Prosecutor's File
File 0128
Case Document 63-1 Filed 08/04/16 Page 30 of 100 PagelD: 1167
2 A l\
3
5 STATEMENT OF: Ryan Edgar
7 ADDRESS l5 TELEPHONE N0: _Ealomown, NJ 07724
3
9
in DATE PLACE OF BIRTH:
in Monmouth Medical Center Long Branch, NJ
II
13 SOCIAL SECURITY NUMBER: -
14
IS TAKEN AT: Monmouth County Prosecutor's ornoe
16 132 Jeroeyville Avenue
Freehold. New Jersey 07723
13
QUESTIONED BY: Daniel Bum
2n Monmoulh Counly Prosecutor's Offioe
1|
2: WITNESSED BY: Detective Daniel Newman
2' Monmouth Counly Prosecutor's Office
2'
25
26 TYPED BY: Autumn 'rymesko
27 Monmouth County Prosecutor's Office
23
29 DATE TIME: September 23, 2015 9:45 AM.
30
3!
32 Ryan Edgar, am Detective Daniel Buzz: of the Monmouth County Prosecutor's 0mm and
33 present her: is Detective Daniel Newman of the same office. It is our duty to ask you
35 questions regarding the circumstanccs surrounding the incident that occurred at the
35 Priediane located at 1017 Rt. 33, Freehold, NJ involving Timothy Harden on Seplember 5,
so 2015.
37
Jr This statemcnl must be a voluntary one, given of your own free will and accord, without
:9 any threats or promises, knowing that whal you say may he used in a Coun of Law.
40
42 Are you willing to give a voluntary statemcm at this time?
43
A Yes.
1 EXHIBIT
4o a MC- 9/20
Prosecutor's File 0 29
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1168
ou—-._,e~i\ua4smN._°]‘:
Statement
Edgar
of Ryan
Ryan Edgar
Statement of
Date:
23,
2Al 5
Date: September
September 23, 2015
2
Page
Page2
(‘it
I
¿
34.
34.
3
4
What
is your occupation?
TVhat is
occupation?
5
6
Stay
home father/
father/ Construction.
Construction.
Stay at
at home
7
I
What
formal education?
education?
is your formal
What is
9
"‘l0
High
High School.
School.
ll
l2
Q
l3
t4
l6
Q
t7
l8
l9
>\o
occurred at
l0l7 Rt.
at 1017
located at
Rt. 33.
33.
Calling
Priediane located
your attention
at the
the Priediane
to the
the incident
incident that
that occurred
attention to
Calling your
in
tell
us
Harden
NJ
2015,
Freehold,
please tell us in your own
September 5,5, 2015, please
own
on September
Freehold, NJ involving
involving Timothy
Timotþ Harden on
words
have of
of this
this incident.
incident,
words what
what knowledge
knowledge you have
')
22
22
23
23
24
24
25
25
26
26
27
11
',i
Can
Language?
the English
English Language?
write and
and understand
understand the
Can you read,
read, write
Yes.
Yes.
2^
44
44
Are
manied?
Are you married?
Yes.
Yes.
l5
28
28
29
29
30
30
31
3l
32
32
33
33
34
34
35
35
36
36
37
31
38
38
39
39
40
40
4
4t
4'.‘
4:
What
yow age?
ís your
age?
What is
15(r
1» 2
w
L!
Groove Music
II arrived
approximately 10
at the
5rl'approximately
September 5"‘
l0
Festival on
on Saturday,
Saturday, September
the Souper
Music Festival
arrived at
Souper Groove
with
to
I
Erin
and
with
was
two
sons.
help
a.m.
shuttle staff
the shuttle
staff
volunteeríng to help with the
wife, Erin and my two sons. I was volunteering
a.m. with my wife,
equipment
mming
band equipment
camping equipment
and also
also shuttling
shuttling band
handicapped patrons and
equipment for
for handicapped
moving camping
-)
Si
the
maitt-est-atrami
the
near
tent
I
at
hack
and
forth.
had
set
near
playground
playground
near
the
mainçf,atcand
gotten
my
up
near
the
at
tent
back and lbrth. I had
sel
Michael
in
past my
tent and
and had
had Mr.
drove past
my tent
Mr.
with, drove
volunteering with,
who II was
Johnstone, who
was volunteering
Michael Johnstone,
for
needed
if
he
Michael
asked
me
I
of
his
the
Harden in
cart.
seat
golf cart. I asked Michael if he needed me for any work
work
pass€nger seat of his golf
in the passenger
detail.
wife and
and my youngest son
son
point, Mr.
Mr. Harden
Ha¡den saw
saw my wife
no. At
At which
which point,
detail, He
He responded
responded no.
be
and
how
to
she
that
vision
there,
her
that
he
had
was
told
inside
a
going
going
be
there,
and
to
how
tent,
that
she
was
vision
my
inside my tent, told her that he had a
she was
awesome it
very odd.
odd, My
My friend
friend Michael,
Michael,
found very
which II found
fìnally there,
there, which
it was
was that
that she
was finally
awesome
his
rolled
his
nodded
Mr.
to
head,
Harden,
without
as if
if to
to tell
tell
anything to upset
upset Mr. Harden, nodded his head, rolled his eyes as
without saying
saying anything
Mr.
his
Harden.
me
on Mr. Harden.
was keeping
that Michael
Michael was
keeping his eye on
is up with
with this
this guy and
and that
me something
something is
(
Then
together after
after that
golf cart
see them
them together
didn't see
that
the golf
cart and
and II didn’t
with Mr.
in the
left with
Mr. Harden
Harden in
Then Michael
Michael left
him
had
Harden
across
Mr.
that
told
he
Michael
I
jumped
time
but
the
me
jumped
next
get
across him to
to get
saw Michael he told me that Mr. Harden had
but the next time I saw
out
premises, across
ran off
the premises,
across
off the
and Mr.
Mr. Harden
Harden ran
was driving
cart that
that Michel
Michel was
driving and
the golf cart
out of
of the
route
that II knew
knew was
thing that
was
the only
only thing
of hours,
hours, the
couple of
For the
the next
next couple
the woods.
woods. For
route 33
and into
into the
33 and
I
3
was
Around
Harden.
Mr.
for
o’clock,
walking
family
2:30,
that
my
walking
were
I
was
farnily
looking
people were looking for Mr. Ha¡den, Around 2:30,3 o'clock,
that people
back
sitter. She
baby sitter.
She was
was
the baby
to the
sonos to
could take
take my son’s
parking lot
wife could
lot so
so that
that my wife
to the
the parking
back to
for
the
sitter
had
We
site.
a
the
and
kids for
for
originally had a sitter for the kids
going
going to
meet me
me at
at the camp site. We originally
to come
come back
back and meet
was aa little
little
atmosphere was
bring them
the atmosphere
because the
Saturday,
earlier because
them aa little
little earlier
to bring
we decided
decided to
Saturday, but
but we
Prosecutofige
Prosecutor's
O 130
30
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Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1169
Statement
Ryan Edgar
Edgar
of Ryan
Statement of
Date:
23,
September
201 5
Date: Septemb er 23, 2015
-“*’N¢>~oa\1su.;:<_
Page
Page 33
year, and
and everyone
everyone was
previous year,
was
the previous
there were
were the
as there
crazy. There
There weren’t
as many families
families as
$azy,
weren't as
off
the
So
and
there
and
around,
running
a
was
property.
property.
roaming
So II
drinking
partying and there was a guy roaming around, running off the
drinking and partying
He
of
Bleefeld.
Ben
friend
a
was
and
I
the
lot
part of the
was
the
parking lot and I saw
saw my friend Ben Bleefeld. He was a part
to the parking
was on
on my way to
into
the
back
him
festival to
to
brought him back into the festival
and brought
the highway
highway and
that found
found Mr.
Mr. Harden
Harden down
down the
group that
him.
had
to
Ben
and
what
he
went
where
calm
out
him
to
happened
to
down,
happened
to
him.
Ben
figure
had
went
and
what
try
get
try to get him to calm down, figure out where he
asked
the car.
car. Ben
Ben said,
to the
kids to
said,
walking my kids
I'm walking
said no.
no. I’m
which II said
if II was
was leaving,
leaving, to
to which
asked me
me if
I
2
3
4
5
6
_.,
please
you're done.
please come
done.
come find
find me
me when
when you’re
I
went back
II walked
back into
into the
the festival,
festival,
good bye
to my
wife and
and went
my wife
bye to
walked my kids
kids to
to the
car, said
said good
the car,
and
He
I
to
Johnstone.
I
Michael
assisting
work,
where
across
came
moving
where I came across Michael Johnstone. He and I got to work, assisting campers moving
their
man named
named Ian,
by aa man
[an, II
told by
were then
then told
We were
equipment to
their camp sites.
sites, We
camping equipment
to their
their camping
needed
think he
don’t
we were
were needed out
out
that we
the employees,
employees, that
one of
of the
he was
was one
know his
last name,
name, II think
don't know
his last
of
in
front
tü/hen
Mr.
Harden
carts
there
two
arrived
When
front.
were
out
parked
we
front,
golf
Mr,
golf
parked
in
front
of
Harden
carts
we arrived out front, there were two
fror¡t.
our golf
Guards. We
and
by aa girl
golf cart
end of
the line
park our
cart at
at the
the end
of the
line
girl to
to park
were told
We were
told by
and two
two Security
Security tuards.
made
that
the
were
aware
of
Mr.
parked the golf cart,
cart, we
we wete made aware that Mr.
we parked
carts to
to block
the scene.
scene. As
As we
of carts
block the
front
the
the
of
the
had
face,
Harden
one
by
working
girls
by
the
out,
girls
the
front
grabbed
working
face,
flipped
completely
grabbed
one
of
the
had
completely
flipped
out,
Harden
and
guard came
came up
point, aa security
up to
to stop
stop
ground. At
security guard
At which
which point,
her into
into the
the ground.
to throw
throw her
and tried
tried to
Guard
face.
The
in
the
the
him
and
he
Security
responded
guard in the face. The Security Guard responded by
by
punched the security
security guard
him and he punched
and that
struggle was
the struggle
punching
was set
set
was to
to understand
understand the
punching Mr.
is how
how II was
the face
face and
that is
Mr. Harden
Harden in
in the
I
l0
l¡
l2
l3
~o\:3§'CB"“$°‘,
t4
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l5
l6
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off.
off^
2î
.
2
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23
24
Munro
25
26
27
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28
29
30
31.
32
33
34
35
36
37
38
39
40
4t
4?
4*‘
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44
¿o{hoç
aÞ
arms. Mr.
Guard on Mr.
on
When
Harden was
Mr. Harden
was on
got there,
Mr. Harden’s
Harden's arms.
there was
was one
one Security
Secwity Guard
When II got
there, there
hard
time
Guards
The
a
were
with
them.
his
having a hard time
Security Guards were having
he was
was struggling
struggling with them. The Security
his back
back and
and he
with his
his arms.
arms. He
keeping
ground. Mr.
lifting the
the guys up with
He
was lifting
on the
the ground.
Mr. Harden
Ha¡den was
keeping Mr.
lvfr. Harden
Harden on
this
He
at
wasn’t
and
Harden
was
Mr.
point.
anything
point.
was
saying
really
this
kicking.
at
bucking
He
was
was bucking and kicking, Mr. Harden wasn't really saying anything
and saying,
get off
off me.
me. He
screaming and
yelling. Mr.
He would
just screaming
saying, get
would
roaring and
Harden was
was roaring
and yelling.
Mr. Harden
but
he
that
told
him
calm
visibly, you could
could tell
respond
calm, but visibly,
tell
was calm,
insisting that he was
respond if
to calm down,
down, insisting
if you told him to
he
approached Mr.
nose. II approached
point that
had blood
his nose.
Mr.
blood on
on his
that Mr.
Mr. Harden
Harden had
he was
was not.
not, II noticed
this point
noticed at
at this
him that
hand on
Harden,
down and
and breathe.
breathe.
to calm
calm down
that he
needed to
and told
told him
he needed
Harden, put my hand
on his
his knee
knee and
in
he
because
but
couldn’t
was
off
of
a
he
wanted
know
I
That
to
we
panic
us
him,
and
get off of him, but we couldn't because he was in a panic and
That I know he wanted us to get
the
that
about 55 minutes.
minutes. He
He was
rvas
for about
to do
do the
the trick
trick for
way. This
This seemed
seemed to
tryas on
on the way.
that help
help was
he was
on
there was
was somebody
somebody on
breathing,
good job and
that there
and that
doing aa good
was telling
telling him
him that
was doing
breathing, II was
that he
informed
and
that
the
front
me
over
the
And
then
of
came
the
one
working
informed
gate,
gate,
me
girls
over
and
came
that
way. And then one of the girls working the front
the way.
the
poirrto Mr.
looked at
at me
me right
Mr. Harden
Harden looked
right
At that
that point,
be there
there in
in about
about 10
10 minutes.
minutes. At
the Police
Police would
would be
in
shit." And
And then
this breathing
breathing shit.”
then he
he
I'm done
done with
with this
this. Pm
in the
eye and
the eye
and screamed,
screamed, “Fuck
"Fuck this.
threw
he
his
kicked
point, II caught
legs at
at
his legs
legs because
because he just threw his legs
caught his
me in
in the
the chest.
chest. At
At which
kicked me
which point,
he
his
while
I
and
was
around
his
I
legs,
was
holding
arms
extremely
me.
was
legs
his
legs,
he
extremely
wrapped
while
I
was
holding
my
arms around his legs and
me. I wrapped
There wasn’t
violent.
him down
holding him
down to
to the
was holding
the
point where
calmed down.
down. II was
where he
he calmed
wasn't any point
violent. There
able
almost
He
to
was
had
I
he
to
but
pull his
his
ground
keep readjusting.
readjusting. He was almost abie to pull
ground but he was
was moving
moving me.
me. I had to keep
down to
to readjust
would have
have to
readjust to
get me
to
legs
grip. He
to his
hís ankles
ankles and
and II would
He would
would get
me down
legs out
out of
of my grip.
Harden
Mr.
that
around
was
hold.
better
and
his
knees
time,
to
back
saying
a
was
Right
Mr.
Harden
saying
that
time,
get
Right
around
get
get back to his knees and
a better hold.
up. Me
Me and
fucked up.
and the
you had
this is
is fucked
the
things
my back,
back, this
had my
Jay Z,
thought you
things like,
like, help
help me
me Jay
Z, II thought
he
but
calm
Mr.
Harden
that
down,
kept
insisting
Guards
that he
he
Security
insisting that Mr. Harden calm down, but he kept ínsisting that
kept insisting
Security Guards kept
a minute.
was.
There was
for a
minute. There
was a
a
let up
up for
wouldn't let
time. He
He wouldn’t
violent the
the whole
whole time.
But he
he was
was violent
was. But
‘£2
3L
Prosecutor's
Prosecutor's File
File 0 131
31
Filed 08/04/16 Page 33 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1170
Statement
of Ryan
Ryan Edgar
Edgar
Statement of
Date:
23,
September
201 5
Date: September 23, 2015
N-O\oe)uAL.:_
Page
Page 44
around the
was there
there trying
trying to
to
sworm
Mahajan was
Dave Mahajan
the staff.
Iike the
staff. Dave
people around
whole time,
time, like
the whole
of people
sworTn of
started
then
to
And
listen.
as
Tim
wouldn’t
but
him
down
calm
people
to
Tim
talk
people
to
to
as
started
to
then
get him to calm down but Tim wouldn't listen, And
talk to Tim to get
I
Guards.
the
for
two
took
Police
the
Police
Security
helped
over
when
the
disperse
a¡rived, the Police took over for the two Security Guards. I helped
disperse when the Police arrived,
roll
Harden
Mr.
onto
Police
the
and informed
informed
stop resisting
resisting and
he stop
insisted that
that he
They insisted
chest. They
his chest.
roll
Mr.
Harden
onto his
the Police
that
Harden
Mr.
handcuffs.
in
him
insisting
kept
that
to
Harden
Mr.
were
kept
ínsisting
that he
he
going
Mr,
Harden
they
put
going
in
handcuffs.
him
to
Mr. Harden that they were
his
let
them
hands
would
not
He
Police.
with
the
put
he
but
them
his
hands
was
was
struggling wíth the Police. He would not let
calm, but he was struggling
was calm,
behind
and tightening
tightening
of him
him and
off of
to buck
buck everyone off
trying to
kep trying
Mr. Harden
Harden kept
back. And
And Mr.
behind his
his back.
would
have
or
times
several
to
they
told
him
resisting
The
Police
whole
his
stop
or
fhey
wouid
have
resisting
body
times
to
stop
several
up.
The
Police
told
him
his whole body up.
because
to
were
head
use
turn
they
going
to
warned
Then
force.
going
me
were
to
use
they
to
use
because
away
they
to use force. Then they wamed me to tum my head
did
it
but
the
of
sound
the
heard
absolutely
turned
head
nothing
I
mace.
to
mace, but it did absolutely nothing to
away, heard the sound of the mace,
mace. I turned my head away,
deter
struggling,
Harden from
from struggling.
deter Mr.
Mr. Harden
I
2
J
4
5
6
7
I
._
9
l0
~.»C3§'o\:G‘E
[\Jl7K)Ik‘°2\lOU-Amie
1l
t2
Officer arrived
me that
that he
he would
told me
would
me. He
He told
point, another
and relieved
relieved me.
Shortly
arrived and
after that
that point,
another Officer
Shortly after
show
ambulance
the
and
I
he
relieved
saw
minutes
after
me
for
few
I
take
a
stayed for a few minutes after he relieved me and I saw the ambulance show up
over. f stayed
take over.
and
see that
Then II was
was just
Police. Then
the Police.
with the
wâs still
still struggling
struggling with
oould see
that Mr.
Mr. Harden
Harden was
and II could
should
that
all
told
we
Guards
the
us
and
the
just
over
Security
we
should
all
that
told
us
by
entry
standing
Guards
way
the
Seourity
by
entry
and
the
standing over
That
end
of
the
their
was
now.
it
because
scene
let
Police
take
was
and
the
to
over
T'hat
was
end
of
now.
the
disperse
disperse and to let the Police take over because it was their scene
involvement.
my involvement,
t3
l4
15
l6
-l7
_.
t8
19
Have
previous Souper
events?
Groove events?
attending any previous
Souper Groove
I'{ave you attending
2o
22
23
24
25
‘Jnbok»w-~.\2§3£’$BS8
26
27
28
29
30
3l
32
33
34
35
36
37
38
39
40
4t
4?
>
>/O
Yes.
previous September.
The previous
September.
Yes. The
Have
Harden
prior interactions
Mr. Harden
interactions with
with Mr.
Have you had
had any prior
No.
yeâr, but
not sure.
sure,
passing the
previous year,
but I’m
I'm not
the previous
seen him
him in
in passing
No. II might
might have
have seen
Prior
Harden?
personal relationship
with Timothy
Timothy Harden‘?
relationship with
have any personal
this incident,
incident, did
did you have
to this
Prior to
No.
No.
Can
of the
the incident?
incident?
day of
please describe
on the
the day
describe Mr.
Mr. Harden
Harden on
Can you please
and exhausted.
No
dehydrated and
exhausted,
was dehydrated
like he
he was
Looked like
Visibly sweaty.
sweaty. Looked
No shirt.
shirt. No
No shoes.
shoes. Visibly
tcll
he
could
You
foot.
Laborcd
was athletic.
athlefic,
stocky, about
about 66 foot. You could tcll he was
movçmcnts, He
was just stocky.
Labored movements.
He was
Very
Very muscular.
muscular.
Can
with the
the Security
Security
to the
the incident
incident with
you please
please describe
Harden's behavior
behavior prior to
desuibe Mr.
Mr. Harden’s
Can you
Guards?
Gua¡ds?
planet. You
could look
look at
You could
at
Strange.
another planet.
dazed, on
on another
He was
was completely
Very strange.
strange. He
completely dazed,
Strange. Very
out.
He
was
tell
were
him
and
he
wasn’t
spaced
saying.
out.
anything
hearing anything you were saying' He was spaced
him and tell he wasn't hearing
J:4
b
A44
Kt
Prosecutor's
Prosecutor's File
File
d 132
32
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1171
Statement of
Statement
of Ryan
Ryan Edgar
Edgar
Date:
23, 2015
2015
Date: September
September 23,
Page
Page 5s
(J.
I
Who is
Who
is Michael
Michael Johnstone
Johnstone and
and how
how do
do you know
know him?
him?
t
He’s
years. We
probably about
play in
He's been
friend of
mine since
about 18
18 years.
We used
used to
been aa friend
of mine
since High
High School,
School, probably
to play
in
another
band
I
for
know
he
EMT
and
He
was
an
a
company, He was
band together.
together. I k¡ow he was an EMT and a dispatcher
dispatcher for another company.
was
just
just working
working the
the event,
event, helping
helping out
out with
ever¡hing.
with everything.
3
a
a
4
5
6
Who
Ben Bleefeld
do you know
Who is
is Ben
Bleefeld and
and how
how do
krow him?
him?
7
I
II went
played in
went to
to High
High School
School with
with him
we all
same music
music scene.
scene. I’ve
I've known
him and
and we
all played
in the
the same
known
him
him for
for about
about 18
18 years.
9
t0
_.nF.
Who
Who is
is Ian
lan and
and how
how do
do you know
know him?
him?
t2
t3
II don’t
don't really
really know
know Ian.
lan. That
That was
was the
the first
first time
time meeting
meeting him.
him.
l4
l5
Can
please describe
Can you please
describe Ian?
lan?
l6
17
He
Caucasian. That’s
He had
had aa beard.
Rather large
beard. Rather
large beard
beard the
the day
About 66 foot.
foot. Caucasian.
day of
of the
the event.
event. About
That's
about
it.
about it.
l8
t9
2þ
2
C
Do
Do you know
know the
the two
two Security
Sccurity Guards
incident with
Harden?
involved in
in the
the incident
with Mr.
Mr. Harden?
Guards involved
>
No.
No.
O
Can
describe the
please desøibe
Can you please
the two
two Security
Security Guards?
Guards?
>
Rather
Rather large.
large. They
They were
were wearing
wearing red
red shirts.
wanna say
say one
one of
them was
shirts. II wanna
of them
was African
African
American
and
Caucasian.
think
of
them
had
think
I
I
one
was
American and one was Caucasian. I think one
gloves on.
one of them had gloves
on. I think they
they were
were
wearing
hats. No
wearing hats.
No marks
marks or
or scars
scars that
could see.
that II could
see.
))
23
24
2S
26
27
28
29
30
During
During your time
time at
at the
the scene
scene when
when Security
Security Guards
Guards were
were interacting
with Mr.
Mr. Harden,
interacting with
Harden, did
did
observe
strike
Guards
other
Mr.
Harden?
or
Security Guards or other personnel
you observe any Security
personnel strike Mr. Harden?
3t
32
33
Yes.
Yes. The
The two
two Security
Security Guards
Guards who
who were
restraining Mr.
M¡. Harden
Harden by
by the
the arms
were restraining
arms were
were trying
trying to
to
3+'
get
get him
him to
to calm
calm down
down and
and stop
stop resisting.
resisting. When
Wren he
didn't, they
they would
would drop
drop elbows
elbows around
he didn’t,
around
35-
his
his shoulder
shoulder region.
region.
36
37
38
39
40
41
42
0
During
During your time
time at
at the
the scene
when Security
was interacting
Mr. Harden,
Harden, did
scene when
Security was
interacting with
with Mr.
did you
observe
Guards
other
restrict
Harden’s
Mr.
or
Security
airway?
personnel
personnel
observe Security Guards or other
restrict Mr, Harden's airway?
II didn’t
region, pushing
didn't see
see it
it but
pushing on
his shoulders
but they
they were
on that
on his
shoulders and
were focused
focused on
that region,
and chest,
chest,
trying
to keep
ground.
trying to
keep his
his back
back on
on the
the ground.
4.
qL
[(2
Prosecutor's
Prosecutor's File
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1172
‘'5’S32\U-I.\>:"o~‘“iu.4:,N_
Statement
Edgar
of Ryan
Ryan Edgar
Íitatement of
Date:
23, 2015
2Al 5
Date : September
September 23,
Page
Page 66
I
Q.
Guards involved
Do
were equipped
equipped with
with
this incident
incident were
involved in
in this
ycru know
the Security
Security Guards
k¡ow if
if the
Do you
batons?
or
handcuffs,
mace,
handcuffs, mace, or batons?
A.
No.
thal II was
was aware
aware of.
of.
Not that
No. Not
7
3
4
5
Were
Cuards?
the Security
Security Guards?
at any of
of the
spitting at
was spitting
to see
if Mr.
Mr. Harden
Harden was
able to
see if
Were you able
6
7
Yes.
He was
Guard!-. The
The one
os_e___a_t
__t_he Security
Security Guards.
one
allhe
from his
his_ n,
blood that
that was
was leaking
leaki from
was spitting blood
Yes. He
¡qsç
hit
with
about
left
Harden’s
Mr.
being
that
Guards
complained
was
being
hit
with
arm,
about
holding
complainèd
Security
's
left
Mr,
Harden
olding
Guards
that
was
h
Security
the
his left
left arm.
arm,
the blood
blood on
on his
8
9
10
ll
Do
his nose
nose to
to bleed?
injury on
bleecl?
that caused
caused his
face that
on his
his face
the injury
received the
Mr. Harden
Harden received
how Mr.
Do you know
know how
t2
rl
II was
Mr. Harden
I-larden became
him, Mr.
became
Guards approached
approachcd him,
when the
that when
the Security
Security Guards
was told
told by
Michael that
by Michael
returned
the
Guard
to
and
the
Guard
in
the
punch
Security
face,
punch
a
returned
thc
to
violent,
punðhrd a Security
Security Guard in the fäcã, and the Security Guard
viotent, punched
Harden’s
Mr.
nose
how
was
understand
I
how
is
to
face.
That
bleeding.
Harden’s
Mr.
came to understarrd how Mr. Hardenos nose was bleeding.
Mr, Harden's face. That is how I came
l4
t5
l6
t7
l8
i9
Q.
to 20
II would
Police arrived.
arrived.
the Police
until the
legs, until
on his
his legs,
from 15
20 minutes
minutes on
l5 to
would estimate
estinrate anywhere
anywhere front
20
,,
22
23
¿J
24
24
25
25
26
26
27
2'l
28
28
29
29
30
30
31
31
32
"t',
33
33
34
J{
35
35
36
JO
37
37
38
38
39
39
40
40
41
4t
4?
4?
with Mr.
Mr. Harden?
Harden?
physical interaction
Approximately
interaction with
how long
long was
was your physical
Approxintately how
Q.
of your physical
Did
Harden?
with Mr.
Mr. Harden?
physical interaction
interaction with
a result
result of
receive any injuries
ir{uries as
as a
Did you receive
But mostly,
mostly, II
minor bruising.
bruising. But
Nothing
which caused
caused minor
chest, which
kick to
to the
the chest,
took aa kick
Nothing major.
major. II took
noticed. especially
wipe, My
My shoulders,
shoulders,
were completely
completely wipe.
that my shoulders
shoulders were
especially the
the next
next day,
day, that
noliced,
Harden
Mr.
from
all
stomach
and
knees
sore
tight.
were
holding
tight.
Mr,
Harden
from
holding
knees and stomach were all sore
C;
Did
as a
injuries?
of your injuries?
a result
result of
rnedical attention
attention as
Did you receive
receive any medical
No.
No.
c
Do
thc scene?
scene?
responded to
to the
know what
what Police
Police agency responded
Do you know
>
II believe
was Howell.
Howell.
believe it
it was
on scene?
scene?
anived on
Approximately
Township Police
Police Officers
Officers arrived
how many Howell
Howell Township
Approximately how
of my involvement.
involvement.
end of
at the
the end
anived at
Initially,
Officer arrived
a third
third Officer
believe a
2. And
And then
tlren II believe
Initially, it
it was
was 2.
tell
couldn’t
I
After
that,
After that, I couldn't tell you.
remain on
on scene?
scene?
did you remain
Ollcers relieved
relieved you, did
Approximately
the initial
initial Officers
after the
how long
long after
Approximately how
Maybe
minutes.
Maybe 55 minutes.
site.
And
the camp site.
into the
left to
back into
to go back
And then
then II left
44
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Prosecutor's
Pro
File 00 134
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
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Statement
Edgar
of Ryan
Ryan Edgar
Statenrent of
Date:
20I' 5
September 23,
23, 2015
l)ate: September
Page
Page 7t
(J.
describe what
Can you please
Offìcers took
took to
to control
control
Police Ofticers
Township Police
please describe
the Howell
Howell Township
what actions
actions the
Can
Mr.
were relieved?
relieved?
Harden after
after you were
Mr. Harden
After
restraining his
his
the Officer
Offìcer restraining
see the
away, II could
could see
walked away,
me, II walked
Officer relieved
relieved me,
After the
the Police
Police Officer
handcuffs.
One
had
the
had
Officers
two
other
The
who
took
for
applied the handcuffs. One had aa
legs.
over for me.
me. The other two Officers had applied
legs, who took over
both had
knee
had their
their arms
arms on
on Mr.
Mr.
they both
back. And
And they
Harden's lower
lower back.
control Mr.
Mr. Harden’s
to control
knee just to
could
tell
that
there
and
I
the
him
shoulders
was
Harden‘s
leaving
to
on
tell
you
could
that
there
ground.
ground,
leaving
and
keep
I was
Harden's shoulders to keep him on the
was
get in
in there.
there.
going on
EMT couldn’t
the EMT
couldn't get
was still
still aa struggle
struggle going
on because
because the
Can
Police Officers
Officers were
were
Township Police
Howell Township
please describe
verbal commands
commands the
the Howell
Can you please
describe what
what verbal
of
incident?
this
the
Harden
Mr.
course
during
giving
incident?
giving Mr. Harden during the course of this
resisting. Even
telling him
stop resisting.
Even
to stop
hinr to
They
whole thing,
thing, telling
were constantly
throughout the
the whole
I'hc.v were
constantly throughout
was.
though
wasn't resisting
he clearly
clearly was.
insisted he
when he
he insisted
he wasn’t
resisting when
tlrough he
Howell Township
were interacting
interacting
During
Police Officers
Officers were
the Howell
I'ownship Police
the scene
when the
During your time
time at
at the
scene when
Harden’s
Mr.
restrict
Police
Officers
did
observe
with
airway?
Harden, ditl you obsen'e any Police Officers restrict Mr. Harden's airway?
with Mr.
Mr. Harden,
wrist to
II only
at one
Harden's head
hcad while
whilu'
back side
side ofMr.
of Mr. Harden’s
point, an
to the
the back
his wrist
saw at
one point,
Of'ficer put his
only saw
an Officer
with
the
the
much
it
same
But
the
handcuffs
was
to
on.
Security
were
they
put the handcufl's on. But it was nruch the sante with the Securit¡'
trying to put
lhey rvere trying
Guards
trying to
fo keep
keep Mr.
point was
were just trying
Mr.
was they
they were
in, all
all It could
tell from
from my vantage
vantage point
Cuards and
and in,
could tell
Harden’s
ground.
Harden's shoulders
shoulders on
on the
the ground.
Did
Harden?
Mr. Harden?
strike Mr.
Police Officers
Officers strike
Did you observe
observe any Howell
Howell Township
Township Police
Yes. Elbows
to the
giving
They were
were giving
resisting. They
tell him
hirn to
to stop
stop resisting.
To tell
back region.
region. To
Yes.
Elbows to
the shoulders,
shoulders. back
resist.
would
and
whenever
he
elbow
shots
the
shoulders
little
him
to
try
resist.
would
and
whenever
he
hin: little elbow shots to the shoulders
Officers?
at the
Were
Police Officers?
the Howell
Howell Police
Mr. Harden
Harden was
was spitting
spitting at
Were you able
able to
to see
see if
if Mr.
No.
No.
Were
aid?
was rendered
first aid?
see if
if Mr.
Mr. Harden
Harden was
rendered first
able to
to see
Were you able
No.
point.
gone by
that point.
been gone
by that
had already
already been
No. It had
Officers that
were on
Can
that were
Police Officers
on
Township Police
Howell Township
please describe
of the
the Howell
the demeanor
describe the
demeanor of
Can you please
scene
incident?
during this
this incident?
scene during
of
The
were insistent
tried to
to get control
control of
They tried
jumped right
resist. They
not resist.
that he
he not
insistent that
right in.
in. And
And they
they were
The jumped
him
main
Their
was
concern
'fhe
the
of
out
Guards
The
getting
getting
were
the
him
Security
way. Their main concern \ryas
Security Guards were ouf of the way.
the scene.
scene.
restrained
anybody.
hurt anybody.
that Mr.
Mr. Harden
Harden couldn’t
couldn't hurt
so that
restrained so
/6"
Qa,
Prosecutor's
File 0 135
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Filed 08/04/16 Page 37 of 100 PageID:
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1174
.'\-3Psi—:_.D~Oo\Jg4;-w,_c°I‘LhN
Statement
of Ryan
Statement of
Ryan Edgar
Edgar
Date:
Date: September
September 23,
2015
23, 2015
Page
Page 8a
At
Mr. Harden,
point during
with Mr.
Harden, did
At any point
interaction with
did
Howell Township
Polioe Officer’s
Officer's interaction
during the
the Howell
Township Police
Police
utilize
Officer
weapons?
any
you observe
observe
Police Officer utilize any weapons?
»I_.
)
3
Just
just restraining
Just mace.
arms and
and hands.
hands,
mace. Nothing
with their arms
Nothing else.
else. They
were just
him withtheir
They were
restraining him
4
5
6
a
7
At
you observe
point in
observe anyone
At any point
in time
the incident,
did you
time while
while you were
were at
at the
the scene
scene of
of the
incident, did
anyone
the
ambulance
relocate
it’s
to
directing
position?
directing the ambulance to relocate it's position?
8
No.
No.
I
t0
il
l2
l3
l4
l5
l6
t7
l8
t9
a
Is
Is there
there anything
anything you would
at this
this time?
time?
like to
to add
add to
to your statement
statement at
would like
A
II feel
a tragedy.
everybody involved.
feel terrible.
terrible. lt’s
l1's a
tragedy. II feel
for everybody
involved, II feel
feel bad
bad for
for the
the guy who
feel bad
bad for
who
lost
his
and
for
the
watched
it
all
who
and
tried
him
It’s
to
life,
help
happen.
people
Iost his iife, and for the people who tried to help him and watched it all happen. It's aa
terrible
terrible situation
situation
Is
else you would
Is there
there anything
anything else
would like
like to
to your statement
at this
this time?
time?
to add
add to
statement at
No.
No.
2(.1
l\)
22
l\)IJ IL .)
TYPING
23, 2015 11:08
TYPING CONCLUDED
CONCLUDED * DATE
DATE AND
TIME: September
Septembcr?3,2DIl
ll:08 A.M.
A.M
AND TIME:
—
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24
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to
STATEMENTREVIEW
STATEMENT REVIEW AND
AND SIGNATURE
SIGNATURE
II have
have read
read this
this statement
statement consisting
consisting of
of 88 pages; each
bears my initials
initials including
including any
each page bears
corrections
initialed
in
conections initíaled in my own
facts contained
contained herein
own handwriting;
handwriting; and
and II certify
certify that
that the
the facts
herein are
are
true.
true.
30
3l
DATE AND TIME:
tl 23 A{\
3'2
—
JJ
34
35
36
-BInJ:mu
37
38
39
Detectíve
Mo.nmouth
Prosecutor's Offïce
40
4t
42
Detecti
44
44
Newman
Monmouth
Monm
Stage
Hand.
Stage Hand.
6
7
What
education?
formal education?
is your formal
What is
9
Some
college.
Some college.
I
l0
Are
married?
Are you married?
n
t2
r3
t4
l5
r6
t7
t8
l9
20
*Q.>C
No.
No.
Can
Language?
English Language?
the English
write and
and understand
understand the
read, write
Can you read,
Yes.
Yes.
attention to
1017 Route
at 1017
Route
Priediane located at
at the
the Priedianelocated
Culling
that occurred
occurred at
incident that
to the
the incident
Calling your attention
can
2015,
5,
Harden
on
you
New
September
c¿rn
5,
2015,
Freehold.
Timothy
involving
on
33,
Jersey
September
Harden
33, Freehold. New Jersey involving Tinrothy
this incident.
incident.
ofthis
have of
please
words what
what knowledge
knowledge you have
please tell
in your own
own words
tell us
us in
5»
*tlt-fit
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45
cf'I'ofld\’ 45
/. (ffcao(
Aât
L
While
attention that
that one
one
to my attention
it came
came to
festival it
Soupe{rooæ festival
at the
the Suupergromrc
an organizer
organizer at
working as
as an
While working
said
that
attention.
needed
and
some
erratic
They
Harden
Tim
They
of
said
was
that
acting
volunteers,
some
attention.
our
and
needed
ematic
of our volunteers, Tim Harden was acting
a yoga instructor
who had
had left
Ieft
he
instructor who
specifically a
staff, specifically
getting aggressive
female staff,
aggressive with
with female
he was
was getting
staff
members.
female
other
that
to
to
act
continued
he
with
the
frustrated
situation, he co¡rtinued to act that way to other female staff members.
frustrateá with the situation,
conclusion
After
to the
the conclusion
came to
briefly and
Johnstone came
to Michael
Michael Johnstone
and talking
talking to
him briefly
with him
meeting with
Affer meeting
shirtless
off
the
and
Tim
had
festival.
run
grounds
from
the
escorted
grounds
be
he
had
shirlless
to
that
the
off
and
run
Tinr
had
festival.
from
the
that he had to be escorted
He
the
ride
was
to
for
airport.
running
a
33
He
was
route
shoeless
running
asking
airport'
across
to
the
ride
stopping
cars, asking for a
shoeless across route 33 stopping cars,
was able
is Chris,
Chris, was
able to
to
name is
his name
of Tim’s,
Tim's, his
through
property and
an acquaintance
peoples'property
then an
acquaintance of
and then
through peoples’
Priscilla
while
site
his
Mahajan
to his camp site while we, Priscilla Maha.ian and
and I,
l.
bring
back to
brought him
him back
back. Chris
Chris brought
him back.
bring him
could
be
Before
the
him
to
arrangements
to
make
hospital.
started
could
to
arrangements
be
bring
Befcre
the
hospital.
arrangements
to
him
started to make arrangernents to bring
Tim again.
few minutes
it was
made it
ltlinutes of
After aa few
of
again. After
lost'l'im
Chris had
had lost
that Chris
brought to
to my attention
attention that
was brought
made
the
In
few
their
a
site
campsite
in
found
eating their grapes.
grapes. In tlre canrpsite a f'ew
searching
stranger's camp site eating
was found in aa stranger’s
he was
searching he
Quietly II lured
hirn away form
feet
lured him
lbrm
her baby.
baby. Quietly
wo¡narr with
Tim was
was aa sleeping
sleeping woman
with her
from Tim
feet away from
At
this
Tim
ofthe
him
area.
out
point
hand
to
the
took
him
Chris
point
while
At
this
the
area.
Tim
get
of
the
by
out
to
him
campsite
the campsite while Cluis took him by the hand
break
them
able
to
headlock.
was
him
in
a
I
Chris
tackled
apart
and
violent
to
break
them
apart
became
was
able
putting
became violenf and tackled Chris putting him in a headlock.
campsite and
and
the campsite
and the
path between
the
between the
to the
the path
people taking
taking him
him to
from the
the people
get Tim
Tim away from
and get
and
him
fencing
down
pul up fencin-g and do
do odd
odd
area. II was
help put
having him help
by having
Tim down by
parking
was able
able to
calm Tim
parking area.
to calm
he started
feely with
with me
getting touchy
touchy feely
me
and
started getting
He started
again. He
erratic again.
to act
act erratic
work until
until he
started to
and end
end work
earlier.
him
I
in
look
with
him
looked
a
gave
I’ve
at
the
he
earlier.
him
how
eyes
my
saw
in
look
a
saying
saying how he saw the way I've lo<¡ked at him with
.l he startedaa
the
Gatorade,
While
Gatorades.
drinking
two
and
had
Gatorade,
he started
the
us
grab us two Gatorades. While drinking
hug
someone grab
trug an¿ had someone
from
He
from
ran
and
me.
drink
his
ran
down
threw
¡ne to
to
acting
if he
were in
in danger,
danger, threw down his drink and ran from me. He ran fiom me
as if
he were
acting as
him
and
the
escort
hand
to
the
him
take
able
I
to
he
where
was
by
escort
him
and
to
the
hand
the
him
by
to
a
stopped
able
take
yard
was
neighbor’s
I
yard
he
stopped
where
a neighbor's
guards, II think
think one
one
front
security guards,
two security
had two
Johnstone had
Michael Jolmstone
While on
on the
the way Michael
a¡ea. While
front gate area.
/17
ø
Prosecutor's
Prosecutor's File
File 0 “I38
38
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1177
b-'t3o\c1ux.:L2_
Statement
Benjamin Bleefeld
Bleefeld
of Benjamin
Statement of
of6
Page
Page 3: orø
the front
out
of
gate, we
got him
we got
us to
front gate,
him out
proceeded to
follow us
to the
to follow
Brian, they
of them
them was
was named
named was
was Brian,
they proceeded
small talk.
of
Tim, small
where he’d
Discussed where
he'd gone
guard started
talk. Discussed
talking to
to Tim,
started talking
the way,
way, the
the security
securify guard
of the
decided
I
to
at
that
of
someone
and
if
he
to
nature,
get
get
school,
things
to
someone
played
at that
that
sports and things of that nature, I decided
to school, if he played sports
Tim
started
someone’s
could
I
Before
attention,
call
ambulance.
again
to
get someone's attention, Tim again started
point
point to call an
an ambulance. Before I could gst
The security
guard trying
trying to
security guard
acting
him. The
to
paranoid as
was attacking
attacking him.
something was
as if
if someone
or something
acting paranoid
somcone or
face.
in
the
him
Tim
Tim
and
his
him
hand
calm
Security
guard
on
punched
guard
down,
Security
punched
in
the
face.
him
put
Tim
Tim
his hand on
and
calm him down,
tackled
occasionally elbowing
elbowing
him and
ground held
and occasionally
to restrain
restrain him
down trying
trying to
held him
him down
tackled Tim
Tim to
to the
the ground
Another
called
side
of
his
face.
We
911.
him
the
left
guard and
volunteets,
and some
some volunteers,
security guard
him on
on the left side of his face. TVe called 9l t. Another security
held
down. A
goers from
from the
festival goers
the view
view of
of festival
the
golf cart
blocking the
A golf
was moved
moved blocking
held him
him down.
cart was
with
off
the
their
II
blocked
which
time
area
Until
incident.
the
arrived
cars.
at
they
with
their
off
the
area
cars.
police
blocked
time
they
incident. Until the police arrived at which
as
festival
were
the
other
with
left
situation
deal
the
just
to
police
getting
police
responsibilitiesjust
getting
as
were
teft the situation to deal with the other festival responsibilities
there.
there.
I
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3
4
5
6
8
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9
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l3
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l4
l5
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ló
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t7
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18
19
t9
0.
Have
prior interactionwith
Timothy Harden?
Harden?
Have you had
interaction with Timothy
had any prior
Q
drunk was
Yes.
was acting
little drunk
He got aa little
acting like
like
as aa patron. He
attended the
the festival
festival last
last year as
Yes. He
He had
had attended
before
an
day before this
this years
few times
times aa day
with him
him aa few
an “asshole”
nothin g crazy.
had worked
worked with
'oasshole" but
but nothing
çrazy. II had
event
as he
set up for
for the
festival.
event as
he helped
helped set
the festival.
describe
Can
please describe Timothy
Timothy Harden?
Harden?
Can you please
20
:i
out aa lot.
Tim
worked out
pounds well
he worked
as if
if he
well built
built as
lot.
250/260 pounds
Tim was
6'2"1 6’3"
6'3" about
about 250/260
was about
about 6’2”/
and
demeanor.
blue
Blonde
a
hair,
pleasant
pleasant
hair,
de.meanor.
eyes
Blonde
blue
and a
anti)? #1 (:,¢;,.;.-JJC.l’estiva1?
6%
the
been
associated
have
How
=e
How long
long have you been associated wìth rn, u1i,l.1å*"J'rr#*rutt
it
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24
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32
32
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36
36
37
37
38
38
39
39
40
4A
41
41
42
42
4')
4'1
with
Four
manager.
am aa founder,
and operations
operations manager.
Four years, II am
founder, musician
musician and
At
make any
any mention
point in
mention of
the incident
incident did
did anyone make
in time
time during
during the
the day
day of
of
At any
any point
of the
Timothy
Harden taking
Timothy Harden
taking any narcotics?
narcotics?
A
they saw
one said
said they
saw him
him take
people made
he must
have but
but no
no one
take
must have
A lot
lot of
of people
made statements
saying he
statements saying
anything.
anything.
0
Please
you would
he was
was under
have though
though he
under the
why you
lvould have
the
Timothy's behavior
behavior and
Please describe
describe Timothy’s
and why
of
influence
narcotics?
influence of narcotics?
He
were under
having conversations
conversations
he was
was having
paranoid as
frorn above;
above; he
if he
attack from
He was
was acting
acting paranoid
as if
he were
under attack
there.
that
and
not
to
to
were
people
sky
people
to
that
to the
were
not
there.
the sky and
What
give the
was being
that he
he was
physically to
the impression
being
impression that
Timothy Harden
Harden doing
doing physically
to give
What was
was Timothy
attacked from
above?
from above?
attacked
He
cover.
ducking. looking
looking upward
was ducking.
trying to
to find
upward trying
find cover,
He was
.t.
/42
lu
Prosecutor's
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Page D: 1178
O"\'t—-‘nvy_.\0lUI.hvJ )_c©°¢‘o“§L’t
I
I
Statement
Benjamin Bleefeld
Bleefeld
of Benjamin
Statement of
Page
of66
Page 44 of
Q.
J
his elbow
elbow aa few
jabbed him
with his
few
face with
guard jabbed
the face
in the
Yes,
him in
Tim aa security
restraining Tim
security guard
while restraining
Yes, while
face.
in
the
that
the
it
times,
got punched
punched in the face.
guard that got
security guard
was the security
times, it was
4
5
6
Can
Tim?
strike Tim?
witnessed strike
guard that
please describe
that you witnessed
describe the
the security
security guard
Can you please
7
E
He
tattoos, he
about 5’
5' 9”
9" and
and was
was
a little
would say about
goatee, tattoos,
he was
was built,
built, II would
shaved head,
head, a
little goatee,
He had
had aa shaved
wearing
Gri4*tfrsccurity' shirt.
shirt.
red (-}1=i££i=ti1-security
wearing aa red
I
l0
I'-'-- cell
G‘
¿+è,çç".^
ll
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23
24
25
26
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28
29
30
3I
32
33
34
35
36
37
38
g,
yd
Tim, did
guards interacting
with Tim,
did you
interacting with
During
you witnessed
the security
security guards
time that
that you
witnessed the
the time
During the
Tim’s
restrict
airway?
observe
personnel restrict Tim's airway?
guards or
or any
âny personnel
security guards
observe any security
12
t4
I5
Tim, did
with Tim,
did you
guards interacting
interacting with
you witnessed
the security
security guards
During
time that
that you
witnessed the
the time
During the
Tim?
strike
observe
personnel strike Tim?
guards or
or any personnel
security guards
observe any security
/\
guard had
pull him
him
had to
to pull
ground, the
the security
security guard
Yes,
get him
the ground,
him to
to the
trying to
to get
during the
the struggle
struggle trying
Yes, during
that
was
the
It
same
the
punched
security
guard
him
was
down
neck
guard
punched
to
to
the
that
was
ground. It w¿s the same security
by
get him down to the ground.
by the neck to get
in
face.
in the
the face.
describe how
ground by
his neck?
Please
neck?
by his
the ground
to the
guard was
Tim down
down to
was taking
taking Tim
how the
the security
security guard
Please describe
The
headlock from
from the
the side,
side,
arm like
like aa headlock
grabbed Tim
inside of
of his
his arm
guard grabbed
the inside
Tim with
with the
security guard
The security
Tim.
of
rolled
the
and
him
to
on
top
ground
of
Tim.
ground
top
dropped
rolled
on
to
the
and
him
dropped
that you witnessed
with Tim,
Tim, did
did you hear
hear
guards interacting
interacting with
During
security guards
witnessed the
the security
time that
the time
During the
Tim?
the
guards say anything
anything to
to Tim?
the security
security guards
different forms.
In many different
forms.
that In
Yes,
basically that
and basically
struggling and
stop moving,
moving, stop
stop struggling
down, stop
calm down,
Yes, calm
Tim, did
with Tim,
did you any
guards interacting
interacting with
During
the security
security guards
time that
that you witnessed
witnessed the
During the
the time
else?
the
or
to
Tim
hear
guards
anyone
security
else?
guards
anything
anyone
or
say
the
to
security
anything
hear Tim
was saying
he was
not stop,
stop, he
saying it
it
but he
he did
Cid not
I'll stop;
Yes,
stop you’re
stop; but
you're hurting
please stop
hurting me, l’l1
stop, please
said stop,
Yes, said
but
fighting.
but continued
continued fighting.
What
him?
restrain him?
guards were
to restrain
were trying
trying to
security guards
Tim's actions
actions whilethe
while the security
were Tim’s
What were
and fight
He
to try and
fight
ground and
and continuing
continuing to
guards off
the ground
off the
security guards
the security
was kicking,
kicking, lifting
lifting the
He was
them.
them.
39
40
m.
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43
d
43<2»
Prosfiors
,or&o
P
r's File
File
0140
140
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
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\-IN—._,Ol‘.A-I:LaJ)u—cg°¢,_h
l'
7
3
4
5
6
7
8
9
10
il
Statement
of Benjamin
Statement of
Benjamin Bleefeld
Bleefeld
Page
Page 55 of6
of6
Q.
Can
guards?
the security
please describe
with the
security guards?
Can you please
describe Tim’s
Tim's demeanor
demeanor during
during his
his interaction
interaction with
He
life.
fighting for
for his
his life.
He looked
looked scared.
He looked
looked like
was fighting
scared. He
like he
he was
How
arrive did
police arrive
How long
long after
after police
did you remain
remain on
scene?
on the
the scene?
About
minutes.
About five
five minutes.
Did
Timothy Harden
the incident?
police offlcers
during the
incident?
with'Iimothy
Harden during
Did you observe
officers interacting
interacting with
observe any police
t2
direction but
Not
see any interaction.
interaction.
directly. II saw
didn't see
Not directly.
saw them
them run
run over
over in
in that
but II didn’t
that direction
I3
t4
t5
Did
pull into
event?
Did you observe
observe any ambulances
ambulances pull
into the
the event?
l6
l7
r8
t9
'0
2A
i'
;.
23
24
back to
Yes,
pull in
it was
was heading
heading directly
directly towards
towards the
Yes, II saw
saw it
as II was
to the
the festival
festival it
the
it pull
in as
was walking
walking back
site
of
the
incident.
site of the inoident.
at this
Is
else you would
this time?
time?
Is there
there anything
like to
to add
add to
statement at
anything else
would like
to your statement
observed the
Yes.
quickly to
police worked
to put out
out an
an incident
incident
Yes. From
what II observed
the security
and police
worked quickly
From what
security and
their
work.
I
feel
them
both
that
and
commend
that
could
have
much
I
been
on
worse
that could have been much worse and I cornmend them both on their work, I feel that both
both
the
was aa danger
Tim was
danger to
police walked
to both
both
the security
security and
situation. Tim
and police
walked into
into aa very dangerous
dangerous situation.
himself
himself and
and others
everyone handled
handled it
accordingly.
others and
and that
that everyone
it accordingly.
25
26
27
28
29
30
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34
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36
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0‘
s File
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41
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_kJw._,-O\Dl<.n:;L,)[Qo°‘U“hJ’
Statement of
of Benjamin
Benjarnin Bleefeld
Bleefeld
Statement
Page
Page 66 of
of66
'l
7
3
4
5
Is
this time?
time?
at this
statement at
like to
to add
add to
to your statement
else you would
would like
there anything
anything else
Is there
No.
No.
6
7
I
2015; 9:15
TYPING
P'M'
9:15 PM.
22,2015;
Septembet 22,
TIME: September
DATE AND TIME:
TYPING CONCLUDED
CONCLUDED - DATEAND
—
9
l0
l1
l2
STATEMENT
SITNATURE
REVIEW AND
AND SIGNATURE
STATEMENT REVIEW
l3
t4
l5
II have
initials including
including
bears my initials
each page bears
consisting of
of 66 pages; each
statement consisting
have read
read this
this statement
facts
the
that
and
contained
certify that the facts contained
handwiting; and II certify
in my own
own handwriting;
any corrections
initialed in
corrections initialed
herein
hereín are
are true.
kue.
l6
l7
DATE
AND TIME:
TIME:
DATE AND
e?
___._,a»«
2
t8
l9
20
21
feld
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24
1q
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LHUuJ.:K>QvIm‘3
30
3t
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33
34
Monmouth County Prosecutor's Offïce
331 Q Q
¡ rSJ
LԤ3--~
I
Detective Rosendo
Perez
Rosendo Perejz
Prosecutor's
Momnouth
cc
County
Prosecutor's ( ll‘: ce
County
Monmouth
35
Prosecutor's
File 0142
C 42
Prosecutor's File
Case Document 63-1 Filed 08/04/16 Page 44 of 100 PagelD: 1181
STATEMENT
STATEMENT OF: Michael Johnstonc
ADDRESS TELEPHONE N0: --
Belmur, New Jersey
[0
1] DATE PLACE OF BIRTH: --
12 Mnnmoulh Medical Center
I3
tr SOCIAL SECURITYNUMBER: -
"HombuN
ts
It: AKEN AT: Monmouth County Prosecutor's Office
17 132 Jerseyville Avenue
l8 Freehold. New Jersey 0772872374
lg
20 QUESTIDNED BY: Delecfive Daniel Bozza
21 Monmouth County Prosecutor's Office
WITNESSED BY: Detective Rosendo Perez
24 Mnnmoutlt County Prosecutor's Office
15
26 TYPED BY: Rose Gullno
27 Monmouth County Prosecumr's Office
23
29 DATE Tuesday, September 22. ZOIS: 6:40 RM.
so
3|
32 Michael Johnstone, I am Detective Danicl Bozza of the Monmouth County Prosecutor's
33 Office and present here is Detective Rosendu Perez of the same office. It is our duty to ask
34 yr"! questions regarding the circumstances surrounding the incident that occurred at the
35 Priediane located at 1017 Route 33. Freehold, New Jersey involving Timothy Harden on
36 September 5, 20l5l
37
38 This statement must be a voluntary one. given of your own free will and mid, withuut
39 any thrcals Or promises. knowing that what you say may be used in a Court of Law.
40
42 Are you willing to give a voluntary statement at this time?
41
44 Yes.
My What is your age? EXHIBIT
a MCPO
Prosecutor's @713
Filed 08/04/16 Page 45 of 100 PageID:
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1182
~Nm._,°\'‘“:"8O0lcnJ>u )._
Statement
of Michael
Michael Johnstone
Staternent of
Johnstone
Page
Page22 of7
ofT
I
.,
3
4
5
6
7
I
9
33.
JJ.
What is
is your occupation?
occupation?
lVhat
Solar
Solar engineer.
engineer.
What
What is
formal education?
education?
is your formal
l0
Trade.
Trade.
12
Are
Are you married?
manied?
ll
l3
l4
No.
No.
l5
t6
Can
English Language?
Language?
Can you read,
read, write
write and
and understand
understand the
the English
l7
l8
l9
Yes.
Yes,
2A
2t
l
23
23
24
24
25
25
26
26
27
27
28
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29
29
30
30
31
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32
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36
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37
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40
40
41
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42
42
43
43
45
45
Calling
your attention
located at
at 1017
the Priediane
Priediane located
l0l7 Route
Route
Calling your
to the
that occurred
occu¡red at
at the
attention to
the incident
incident that
Harden
New
can
on
5,
2015,
33,
September 5,2415, can you
involving Timothy
Timothy Harden on September
33, Freehold,
Freehold, New Jersey
Jersey involving
please
please tell
this incident.
incident.
have of
of this
tell us
us in
in your own
what knowledge
knowledge you have
own words
words what
II originally
was volunteering
at the
the Soupergroove
Soupergtoove Event.
Event. II was
was
originally under
under the
the assumption
that II was
volunteering at
assumption that
to
there
ifthere
be
medical
sober
and
to
was
a
patron and if there was any medical emergencies
respond to
to them
them and
there to be a sober patron
emergencies to respond
and
deal
previous certification
in EMT
EMT 2001-2010.
2001-2010.
certification in
with them
them to
to the
the best
of my
rny abilities,
abilities, II had
had aa previous
deal with
best of
II was
was aa volunteer
gate and
the front
was berating
front gate
and may
was told
told that
that there
that was
berating patrons at
at the
there was
volunteer that
told
that
I
I
front
have
instructor
the
at
was
a
believe,
by
gate.
possibly
groped
yoga
gate.
have possibly groped a
I was told that by I believe, Leni
Leni at
instructor at the front
at
who
informed
Phil
festival
Ladue
I
the
and
the
front
into
went
me
across
came
gate. I went into the festival and came across Phil Ladue who informed me who
who
the front gate.
control and
the
who was
pointed to
pointed him
to me, he
him out
out to
he pointed
the person was
was who
bit out
out of
of control
and pointed
was acting
to
acting aa bit
Tim
Tim Harden
previous years festivals
Soupergroove and
festivals of
of Soupergroove
Tim Harden.
from previous
and II
Harden. II had
had known
known Tim
Harden from
remember
prior. II approached
Tirn, we
quite aa bit
approached Tim,
the year prior.
we had
had mutual
remember Tim
Tim was
was drinking
drinking quite
mutual
bit the
and
he
into
him
in
to
and
I
manner
a
so
friends,
agreed to get ínto my
golf
my golf
friends, and so I approached
approached him in a friendly
friendly manner and he agreed
cart. It
seeing
golf cart
from stage
stage to
to stage
the golf
cart between,
stage seeing
cart,
It was
was at
at this
this time
time we
we started
drive the
between, from
started to
to drive
the
going on.
was aware
on. Tim
Tim was
awâre of
that were
were going
of self,
self, time
time
the different
different music
music and
and different
different activities
activities that
normal
skin
he
had
I
and
noted
that
color,
slight
perspiration,
good
respiration
place
only
and place I noted that he only had slight perspíration, good skin color, normal respiration
him and
asked me
rate.
grabbed my
poinl when
with him
and he
he grabbed
if II wanted
wanted to
to dance
dance with
when Tim
me if
rate. At
At one
one point
Tim asked
snuck
kind
of
I
noticed
I
and
the
him
arm to
an area
pulse rate
rate and
area at
at the tent
tent stage
stage and I noticed I kínd ofsnuck aa pulse
and
arm
to escort
escort him to
to an
seemed to
noticed
normal limits.
limits. Within
pulse and
Within the
and seemed
to be
be within
within normal
the
noticed he
he had
had aa strong
strong radial
radial pulse
had
Dave
in
sat
interactions
of
Tim
in
at
cart
some
Mahajan
golf
point
having
point
had
Dave
Mahajan
sat
my
cart at some
in
interactions of having Tim in my
Tim had
was in
Dave informed
informed that
that Tim
had taken
and Dave
passenger seat
in viewing
viewing distance
distance and
taken
seat while
while tim
tim was
two
experience with
with LSD
Tim had
had experience
LSD not
told me
me that
that Tim
not
at around
8:00a.m. Dave
Dave told
tabs of
of LSD
LSD at
around 8:0Oa.m.
two tabs
Tim in
calm environment
time II knew
the
in aa calm
environment
this time
knew to
to keep
keep'Iim
LSD he
he had
had taken.
taken. It
It was
was at
at this
the hippie
hippie LSD
and
the festival
festival and
peaking so
w'e continued
to travel
travel throughout
throughout the
and
so we
continued to
and that
that II felt
felt he
he may be
be peaking
the
main
Tim
12:45
at
At
different
the
we
were
events.
stage
area,
approximately
stage
area,
seeing
Tim
seeing the different events. At approximately 12:45 we \¡/ere at the main
:3“
/’
Prosecutor's
Prosecutor's File
File
144
44
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o=.:8_,\1xus.L>n~_,U“wN
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7
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l2
13
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l5
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l9xo
20
1'
-
;;
23
24
24
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3l
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32
33
33
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34
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36
36
37
37
38
38
39
39
40
40
41
4t
42
42
41°
4i
45
45
of Michael
Statement
Michael Johnstone
Johnstone
Statement of
Page
of77
Page 33 of
and had
had no
no instances
instances
him and
golf cart
watching him
dancing
in my golf
cart watching
the side
was off
off to
to the
side in
dancing and
and II was
He
cart.
in
was
to
next
while
slightly
my golf cart. He was slightly
me in my
volunteer sat
sat next to me
A volunteer
he was
was with
with me.
me. A
while he
him
think
I
said
that
I
to
his
don’t
know
I
name.
black
him
hair,
to
I
think
I
said
that
curly
glasses,
long
glasses,
his
name,
overweight,
don't
know
I
hair,
long
black
curly
overweight,
and
him
in
his
to
the
LSD
of
effects
from
the
down
be
keep
Tim
this
is
at
and
to
keep
him
in
hís
coming
the
LSD
of
point may be coming down from the effects
Tim is at this point
have
him
in
him
but
to
follow
to
minutes
not
fifteen
for
the
radar
so
next
or
necessarily
radar for the next fifteen minutes o¡ so not to necessarily follow him but to have him in eye
shot
with Tim
Tim II had
had been
been
interaction with
minute interaction
During the
the 45
45 minute
was okay.
okay. During
to make
sure Tim
Tim was
shot to
make sure
few
to
and
him
him
a
drink
cigarettes
of
to
keep
bottles
water
to
cigarettes
hydrate
to
few
keep
keep
and
a
him
hydrate
given
to
him
gíven him
keep
him bottles of water to d¡ink
escorting bands
him
to
with escorting
bands to
duties with
gate to
to continue
continue my duties
went back
back to
to the
the front
front gate
him calm.
calm, II then
then went
I
minutes
about
ten
Within
saw
unload
their
and
needed
where
to
park and unload their equipment.
equipment. Within about ten minutes I saw
where they
they needed to park
Tim
a fast
the end
cart to
to the
end of
of the
the
my golf cart
pace. II drove
drove my
fast pace.
33 at
af a
Tim heading
heading toward
toward Route
Route 33
the
festival.
into
The
back
Tim
to
convince
come
I
Priediane.
to
at
was
the
festival.
into
The
back
trying
come
driveway
Tim
to
I
was
trying
to
convince
driveway at Priediane.
no shoes,
whole
only been
shorts, no
shoes, no
no
wearing aa shorts,
been wearing
he had
had only
Tim he
was interacting
with Tim
whole time
time II was
intþracting with
and
viewed
Tim
believe
me
as
a
authorityfigure
I
this
socks.
At
possible authority figure and
shin,
point I believe Tim viewed me as a possible
no socks. At this point
shirt, no
and he
do to
made
woman and
he started
started to
to
got to
to find
find my woman
going to
to do
whatever II got
the comment
to do
do whatever
made the
comment Ii going
the
lot
of
main
west
other
in
the
attendants
West.
The
33
down
Route
parking
parking
lot
west
the
run
of
main
parking
other
parking
in
the
attendants
run down Route 33 West. The
radioed that
entrance
yards. Then
people's yards.
in people’s
Then
was running
running in
33 and
and was
had run
run across
across route
route 33
that Tim
Tim had
entrance radioed
Route
33
down
toward
Tim
that
main
was
the
radioed
attendant’s
running
the
gait that Tim was running down Route 33 toward
parking attendant's radioed the main gait
the parking
Route
drives aa mid
mid 90s
who drives
90s
Chris who
named Chris
Tim's friends
friends named
one of
Route 33
33 business
business apparently
apparently one
of Tim’s
Tim
convinced
in
to
toward
driven
had
full
size
Tim,
get
get
Tim
to
convinced
in
towa¡d
Tim,
Chevy,
pick
powder
pick
up
powder blue
up
had
driven
blue Chevy, full size
the
basketball
net
and
festival
near
into
the
Tim
back
Chris
drove
truck
and
Chris’s
parked
parked
the
basketball
near
net
Chris's truck and Chris drove Tim back into the festival and
trail with
Tim sitting
area.
with aa group
area/near the
the trail
the basketball
basketball area/near
near the
area. II then
then noticed
noticed Tim
sitting calmly
calmly near
of people.
else, II encountered
encountered
parking and
whatever else,
alrd whatever
people. As
to deal
deal with
with the
the band
band parking
drove away to
As II drove
of
of the
exhaust
the
felt
she
that
as
had
to
and
she
Priscilla
me
though
golf
exhaust
the golf
explained
though
the
of
Mahajan
as
me
that
she
felt
to
Priscilla Mahajan and she had explained
that
Priscilla
that
time
at
to
I
for
Tim’s
have
been
carts
explained
a
that
at
that
paranoia.
trigger
to
Priscilla
time
carts may have been a trigger for Tim's paranoia. I explained
Tim viewed
going to
be of
of much
much help
help to
to be
to the
the
not going
was not
an authorityfigure
authority figure and
and that
that II was
Tim
viewed me
me as
as an
Tim
to
Chris
on
that
situation.
planning on bring
bring Tim to the
was planning
the
had then
then informed
informed me
ms that Ch¡is was
Priscilla had
situation. Priscilla
be
Tim
to
Chris
that
to
was
coercion
under
the
Medical
Centrastate
Center
bringing
going
going
be
bringing
to
Tim
was
to
that
Ch¡is
under
the
coercion
CentraState Medical Center
he
felt
how
the
need
intervals
random
certain
Tim
at
This
is
because
the
was
he
felt
stating
how
the
need
the airport.
airport. This is because Tim was stating at certain random intervals
to
present when
when II was
was talking
talking
airport to
was also
also present
get to
Dave Mahajan
Mahajan was
to an
an airport
to find
find his
his lady.
lady. Dave
to get
in
the
sit
Dave
to
with
seat if
if Chris
Ctuis was
was
to Dave to sit in the passenger seat
suggested to
Priscilla Mahajan
Mahajan and
and II had
had suggested
with Priscilla
the
of
truck.
It
out
from
Tim
to
Tim
the
take
pick
to
jumping
piek
up
the
of
truck.
hospital
going
prevent
out
It
prevent
going to
to
Tim
from
to take Tim to the hospital
and
returned
the
situation
left
to
that
at
had
I
bench
three
seat
was
a
point
and
retumed
my
pick
point
the
situation
to
Ieft
up.
wâs a three seat bench
up. I had at that
and unload
to load
duties
At approximately
approximately
efficiently. At
getting them
unload efficiently.
parking vans
vans and
load and
and getting
them to
of parking
dutíes of
had
infonned
she
and
Christie
1:30
me that
Meyers, she had informed me
that
toward the
was driving
driving toward
the main
main gate and Christie Meyers,
1:30 II was
him
“this
get him out
to get
that we
we got to
out of
of
she said
said that
and she
guy" had
in the
the festival
festíval and
'othis guy”
had tackled
tackled somebody
somebody in
was
was
were present
here.
present at
that were
at the
the
with the
the bands
bands that
gate and
to the
the front
front gate
and II finished
finished with
back to
here. II went
went back
the
main
trail
down
and
and
Tim
she
that
was
meant
then
I
driving
time.
assumíng that she meant Tim and was driving down the main kail and
was then assuming
time. I was
the trail
Ben had
had aa very
came
Bleefield. Ben
Ben Bleefield.
with Ben
Route 33
33 with
toward Route
trail toward
Tim walking
walking up the
carne across
across Tim
and
suggestion was
was made
nervous
made
the trail
trail and aa suggestion
on the
to them
them on
next to
stopped next
about him.
him. So
So It stopped
nervous look
look about
trail.
I
the
the
down
on
to
stepped
and
in
ride
the
were
for
Tim
we
cart
gas
to
going
trail.
I
stepped
on
the
going
go
golf
down
the
to
for Tim to ride in the golf cart a¡d we were
wait
and
then
instead
of
hold
tell
to
started
and
Tim
then
to
me
the
of
cart
on,
instead
wait and then
of
stop, hold
of the golf cart and Tim then started to tell me to stop,
the
climb
front
of
the
to
over
he
of
cart
the
side
proceeded to climb over the front of the
climbing out
passenger side of the cart he proceeded
out of
of the
the passenger
climbing
offered Tim
out. Ben
cart
cigarette, Ben
Ben went
went to
to
Tim aa cigarette,
then offered
Ben then
wheel to
to get out,
the steering
steering wheel
cart on
on top of
of the
random
then
and
a
came
his
Ben
to
own
went
Tim’s
camper
cigarette
a
random
câmper
came
light
then
and
cigarette,
cigarefte
light
own
light Tim's cigarette, Ben went to light his
point Tim
then back
back handed
handed the
the
Tim then
this point
which at
at this
walking up to
Ben's lighter
lighter which
to Ben
to ask
ask to
to use
use Ben’s
walking
Ben to
Q
3325
Prosecutor's
Prosecutor's File
File I 145
Filed 08/04/16 Page 47 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1184
.-\~:o.—__o\be:ut>LN"<5‘¢°,4;U
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33
33
34
34
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39
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40
41
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42
42
43
43
t
ohnstone
of Michael
Statement
Michael JJohnstone
Statement of
Page
Page 44 of
oî77
aggressively and
and Ben
Ben said,
said, Tim,
Tim,
camper aggressively
towards the
the camper
caInper’s
to walk
walk towards
and started
started to
shoulder and
camper's shoulder
main
the
and
to
to
decided
I
this
So
at
gate
get
gate
get
here.
it’s
clam
and
Tim
go
the
main
over
point
to
to
point
down,
I decided
okay over here. So at this
Tim clam down, it's okay
of
the
for
Harden
handle
Tim
safety
to
of
the
everyone.
come
a
security guards
guards to come handle Tim Harden for the safety of everyone.
paid security
couple of the paid
a couple
one of
of the
the members
members
II told
problems with
with one
gate we
were having
having problems
security guards
guards at
we were
the main
main gate
at the
tolósecurity
back
the
down
the
drove
I
him
out.
guards
said
security
and
down
the trail
trail
there
guards
back
security
okay,
point
the
I
drove
they
point
him
out.
there and they said okay,
Tim
and
to
were
cart
off
talking
and
Tim
the
and
Ben
I
left
were
talking
to
Tim
where
got
and
guards
my
Security
got
cart
off
where I Ieft Tim and Ben and the Security guards
then
gate toward
Route 33.
33.
toward Route
main gate
toward the
the main
walking toward
then walking
that Tim
Tim was
was in
in no
no
It
handled that
been handled
again been
had again
the situation
that II felt
felt the
situation had
at this
this time
time that
It was
was at
this
I
at
came
of
the
hands
in
it
point
and
that
distress
point
was
professional.
at
medical
I
at
this
came
point and it was in the hands of professional.
medical distress at that point
of mine
park the
to park
the vans
vans and
and
how to
going to
across
to show
show how
was going
Edgar who
who II was
mine Ryan
Ryan Edgar
an associate
associate of
across an
and
I
children
was
to
have
to
I
going
do
because
going
was
what
I
was
pick
to
and
my
up
pick
children
on
going
Sunday
to
going
to
have
was
I
Sunday
do
because
on
what to
gate explaining
explaining to
to
front gate
to
to the
the front
down to
Ryan down
was driving
driving Ryan
for aa few
few hours.
hours. II was
leave for
to have
have to
to leave
dust
noticed
cloud
when
a
the
we
large
of
how
the
details
to
vans
him
large
dust
cloud
noticed
a
park the vans when we
briefly the details of how to park
him very briefly
guards
two security
security guards
by two
ground being
being restrained
restrained by
being
was on
the ground
Tim was
on the
Tim. Tim
kicked up
up by
by Tim.
being kicked
the
off
200
Tim
security
guard
over
an
and
I
each
guard
pound
was
saw
pound
off
the
lifting
seourþ
one
on
200
an
over
arm,
was
lifting
Tim
ârm,
and
I
saw
each
one on
and
there
blood
was
nose
underneathTim’s
blood
then
I
It
saw
with
was
and
there
was
blood
one
arm.
nose
Tim's
ground
gtound with one arm. It was tlen I saw blood underneath
front gate, II don’t
don't
at the
the front
on
guard. II was
was asked
by someone
someone at
asked by
of the
the security
security guard.
the left
left shoulder
shoulder of
on the
the
block
view
of
kind
of
Tim
to
in
front
cart
remember
from
golf cart in front of Tim to kind of block the view from
park my golf
please park
who, to
remember who,
to please
Tim was
where Tim
by the
security
restrained by
the security
being restrained
was being
to where
people
had run
n¡n over
over to
people buying
buying tickets.
tickets. Ryan
Ryan had
poh, such
as where’s
where's JZ
JZ at,
such as
al, and
and
guards,
at that
that point,
statements at
guards, Tim
random statements
Tim was
was saying
saying very random
breath”
and
down
at
calm
Tim,
“breath
him
just
been
had
Tim,
such
just
Tim,
breath"
and
so Ryan
at
calm down
telling him "breath Tim,
Ryan had been telling
such so
kicked
in
his
then
And
shit.
this
of
Ryan
said
sick
I’m
Edgar
had
one
point Tim
breathing shit, And then kicked Ryan Edgar in his
Tim had said I'm sick of this breathing
one point
Tim’s extremities
the lower
chest.
and crouched
crouched
extemities and
grabbed the
half of
of Tim's
lower half
point Ryan
Ryan grabbed
at that
ttrat point
chest. Which
Which at
back
in
the
air
with
with
chest
in
his
Tim’s
with
Ryan’s
the
fetal
in
down
back
in
the
air
with an
legs
an
Ryan's
with
position
chest
down in the fetal position with Tim's legs in his
Tim’s
that
with
that
noticed
had
restraining
I
restrain
Tim’s
legs
even
Ryan
to
Tim's
legs
that
attempt
legs. I had noticed that even with Ryan restraining
attempt to restrain Tim's legs.
of Tim
break free
whatever
trying to
in fear
fear of
Tim causing
causing
and in
free and
to break
he was
was trying
movement Tim
Tim had
had he
little movement
whatever little
and put
Tim's knees
knees and
above Tim’s
hands just above
placed both
of my
my hands
Ryan
both of
ir{ury II then
then placed
Ryan any more
more injury
and
did notice
Tim’s movement.
came up and what
what II
Mahajan came
notice Dave
Dave Mahajan
on them
to limit
limit Tim's
movement. II did
pressure on
them to
At
that
Tim’s
torso
area.
one
and
he
him
restrain
on
was
point
to
point
At
that
was
an
area.
one
guess w¿ls an attempt
attempt to restrain him and he was on Tim's torso
guess
had
he
walked
him
with
another
had
arrived
following
officer
police
one immediately
immediately following him he had walked up II
police officer had anived with another one
told
police officer
offtcer had
had then
then told
told
the police
LSD the
he had
had taken
taken LSD
was acting
acting aggressively
aggressively he
him this
this guy was
told him
that
officer
arrived
had
first
The
his
mike
that
on.
officer
make
was
the
police
to
sure
police
that
officer
arived
had
first
The
was
on,
police
the police offïcer to make sure that his mike
left
Tim’s
and
the
to
kneeled
next
ear
then
and
twice
least
Tim
at
told
to
then
Tim's
left
ear
and
tire
resisting at least twice and then kneeled next to
stop resisting
then told Tim to stop
Tim
I
believe
warned
twice
then
And
knee.
his
head
with
Tim’s
side of
officer struck
of Tim's head with his knee. And then warned Tim I believe twice
ofÏicer
struck the
the side
still restraining
was still
restraining
that was
wamed everyone that
they
officer warned
going to
the officer
then the
they were
were going
to spray him
him and
and then
I
had
that
Which
noticed
at
Tim.
to
point
then
their
and
watch
Tim
point
to
had
at
that
I
noticed
Which
proceeded
spray
proceeded
to
Tim.
Tim to watch their eyes and then
them
directed
into
and
ambulance
the
walked
to
I
arrived
had
over
ambulance
the
that
directed
them
into an
and
an
that the ambulance had arrived I walked over to the ambulance
directed
I
them
moved
had
I
After
Tim.
to
have
where
access
Tim
area
they'd have easy access to Tim. After I had them directed I moved
to Tim where they’d
closes to
area closes
see the
at the
they relieved
relieved the
the
as they
officers as
gate. II did
the officers
did see
parked it
main gate.
the main
it over
over at
my
my car
car and
and parked
Tim
turned
his
to
over
on
the
ambulance
before
and
they
Tim
over
came,
turned
on
to
his
they
right
Ryan,
guards
security
the
ambulance
security guards and Ryan, right before
the
directed
ambulance
I
Afier
him.
cuff
to
again
I
believe
and
stomach
ambulance
the
were
directed
again
going
they
stomach and I believe they were going to cufT him, After I
and II did
the
from the
anything fiirther.
walked away from
the
further. II walked
witness anything
did not
not witness
handled and
the situation
situ¿tion seemed
seemed handled
situation
the festival.
festival.
to the
and back
back to
situation and
45
45
/”
Prosecutor's
File
Prosecutor's File
146
Filed 08/04/16 Page 48 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1185
-‘Qkl-—.,ad_G\OPoUe°N—o~Ln\1uc.;>:ng_
Statement
Statement of
of Michael
Michael Johnstone
Johnstone
Page
Page 55 of
of?7
Q
I
2
He
or no
no shoes,
shoes, no
no socks.
with no
He was
was wearing
wearing either
either dark
blue, or
or black
black shorts
shorts with
no shirt
shirt or
socks. He
He
dark blue,
was
late 30s.
eyes, mid
mid to
to late
30s.
was well
well over
over 6ó feet
feet tall,
blonde hair,
hair, blue
blue eyes,
tall, very muscular,
muscular, blonde
4
5
Q
6
7
'—‘Iu->.
I
l0
t2
r3
what do
In
question you described
your response to
taking aa “hippie
LSD'what
In your
to the
the initial
initial question
described Tim
Tim as
as taking
"hippie LSD”
do
LSD”?
you mean
mean by
by “hippie
"hippie LSD"?
l4
l5
t6
The
is much
much stronger
stronger than
The way
way it
was explained
is that
hippie tab
tab of
LSD is
it was
explained to
me is
that aa hippie
of LSD
than aa
to me
of
traditional
tab
LSD.
haditional tâb of LSD.
17
t8
t9
During
guards interacting
did you witness
interacting with
with Tim
Tim did
During the
the time
time that
that you observed
witness
observed the
the security
security guards
strike
other
Tim?
or
security
guards
personnel
guards
personnel
any security
strike Tim?
or other
20
?,
II believethat
lifting the
guard off
ground while
security
while the
Tim was
off the
the ground
believe that when
when Tim
was lifting
one security
the security
the one
security guard
arm the
guard
guard was
guard may have
elbowed Tim
Tim on
was restraining
restraining Tim’s
the security
have elbowed
Tim's left
left arm
security guard
on the
the left
left
of
his
side
with
short
a
jab.
jaw
jab.
side of his
with a short
23
23
24
24
25
25
26
26
27
27
28
28
29
29
30
30
31
3I
During
guards interacting
interacting with
with Tim
Tim did
did you witness
During the
time that
that you observed
witness
the time
observed the
the security
security guards
or other
airway?
guards or
any security
security guards
personnel restrict
Tim's airway?
rest¡ict Tim’s
other personnel
No,
was on
while Tim
on his
restriction of
his arm
arm while
Tim was
his back.
saw no
no restriction
air way only
restraining his
back.
No, II saw
of the
the air
only restraining
observed the
During
guards interacting
with Tim
Tim did
did you hear
During the
the security
security guards
interacting with
the time
time that
that you observed
hear
Tim?
to
security
guards
anything
guards
say
any security
anything to Tim?
32
?j
33
JJ
34
34
35
35
the police
Not
police were
guards when
asked if
if the
Tim, II only
of the
when II asked
Not to
to Tim,
only remember
remember one
the security
security guards
were
one of
said II hope
called,
going to
getting really
to be
be able
able to
to hold
hope so
tired, I’m
not going
hold him
called, they
they said
so I’m
I'm getting
I'm not
him
really tired,
36
36
4')
42
described Tim
“peaking” in
During
question you described
as "peaking"
in reference
reference
During your response to
Tim as
to your initial
initial question
his
of
what
does
mean?
LSD
to
peaking mean?
to his ingesting
ingesting of LSD what does peaking
if you ingest
That
period of
LSD has
has a
a period
ingest LSD,
That was
was my assumption
assumption thathe
that he was
was “peaking”
LSD, LSD
of 88 to
to
"peakingo'if
that’s
8
10
hours
of
those
10
hours
and
when
to
in
themiddle
of
I0 hours of hallucinating
hallucinating and in the'middle part of those 8 to 10 hours that's when the
the
hallucination
noon time
8am at
at noon
time is
halluc.ination is
is the
the most
most severe
was told
he took
took it
it at
a t 8am
is when
when
severe and
and since
since II was
told he
itit would
would be
pcak.
be at
at it’s
it's peak.
9
1t
37
37
38
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39
39
40
40
41
4l
42
42
Can
please describe
the incident?
Can you please
describe Timothy
Timothy Harden
Harden on
the day
day of
of the
incident?
on the
much
much longer.
longer.
0
with Tim
During
guards interacting
Tim did
did you hear
interacting with
time that
that you observed
observed the
the security
During the
the time
security guards
hear
Tim
Tim saying
saying anything?
anything?
Random
gibberish talk
help me; he
and where’s
where's his
his niggas
JZ come
come help
he also
also
Random gibberish
talk about
JZ, and
niggas at, JZ
about JZ,
^t,
random
statements.
the
from
He
grunting
grunting from the struggle.
yelling aggressively
aggressively random statements.
struggle. He was
was yelling
was
was
ar
45
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‘‘QI-—Aua._,°\“J'4=-aI>okxiu.:nt~_
Not directly,
discerning.
yelling at
no one
one discerning.
was yelling
at no
he was
Not
dírectly, he
it
Did
weapons?
utilize any weapons?
police officers
officers utilize
observe any police
Did you observe
I
1
5
4
5
6
7
I
9
'l0
—‘
ohnstone
Statement
Michael JJohnstone
of Michael
Statement of
Page
o177
Page 66 of
did you witness
witness
Tim did
with Tim
interacting with
police officers
officers interacting
the police
During
observed the
that you observed
the time
time that
During the
Tim?
police officer
strike Tim?
officer strike
any police
police struck
struck
of the
the police
The
one of
when one
earlier when
mentioned earlier
when II mentioned
physical strike
sâw was
was when
strike II saw
only physical
The only
knee.
his
head
with
the
in
Tim
Tim in the head with his knee.
did you witness
witness
Tim did
with Tim
interacting with
police officers
offtcers interacting
During
the police
observed the
that you observed
the time
time that
During the
restrict
Tim’s
officer
airway?
police officer restrict Tim's airway?
any police
ll
contact to
There
observed.
that II observed.
neck that
to the
the neck
was no
no direct
direct contact
There was
t2
hear the
the
did you hear
Tim did
with Tim
interacting with
police officers
offîcers interacting
During
the police
observed the
time that
that you observed
the time
During the
Tim?
to
ofticer’s
police
police officer's saying
saying anything
anfihing to Tim?
l3
t4
l5
ló
t7
l8
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‘G
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42
42
47
and warned
him.
spray him.
going to
to spray
were going
they were
twice that
that they
least twice
Stop
at least
him at
warned him
resisting and
Stop resisting
did you hear
hear Tim
Tim
Tim did
with Tim
police officers
interacting with
officers interacting
During
the police
observed the
the time
that you observed
time that
During the
police officers?
saying
offïcers?
to the
the police
anything to
saying anything
Tim’s head
to him
on Tim's
head
his knee
knee on
Just
prior to
him using
using his
officer prior
initial officer
the initial
Tim the
they sprayed
sprayed Tim
when they
Just when
it
him
as
witness
a
not
I
did
but
flash
using
weapon.
stick
as
had
it
a
or
a
either
him
using
large flash light
light but I did not witness
night stick or alarge
either had aa night
Can
demeanor?
please describe
office¡'s demeanor?
desuibe the
the ofticer’s
Can you please
one had
though any one
intention of
of hurting
hurting
had any intention
as though
Very
seem as
professional. It
It didn’t
didn't seem
and professional.
Very calm
calm and
Tim
Tim
Did
it to?
to?
directed it
the area
area you directed
from the
ambulance move
move from
the ambulance
Did you observe
observe the
No.
No.
2001/2010, during
during
Earlier in
from 2001/2010,
Certified from
EMT Certified
were EMT
your narrative
mentioned you were
narrative you mentioned
in your
Earlier
EMT
an
as
this
event
acting officiaily as an EMT
this event were
were you actingofficially
II was
capacity.
in no
no official
ofhcial capacity.
was there
there in
4
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O1t\J—-_.\l’LI-bhié—©%tJ.§;a[)
I
2
3
ohnstone
Statement of
Michael JJohnstone
of Michael
Statement
of7
7
Page
Page I ot
t
Is
time?
at this
this time?
statement at
to your statement
add to
would like
like to
to add
else you would
anlthing else
Is there
there anything
No.
No.
4
5
6
7
8
I
?‘l0
Il
8:00 P.M.
2015; 8:00
TYPINGCONCLUDED
P.M.
22,2015;
Septembet 22,
TIME: September
DATE AND TIME:
TYPING CONCLUDED * DATEAND
*
l2
l3
14
l5
t6
t7
r8
.eW
SIGNATURE
STATEMENT
AND SICNATURE
REVIEW AND
STATEMENT REVIEW
including
II have
initials including
bears my initials
consisting of
each page bears
of 77 pages; each
this statement
statement consisting
have read
read this
facts
contained
thatthe
and
I
initialed
in
certify
corrections
own
handwriting;
facts
contained
the
any corrections initialed in my own handwriting; and I certify that
herein
herein are
are true.
true.
t9
:l
IQQkUnbgl
2o'
DATE AND TIME:
23
24
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26
Mi
27
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28
Johnstone
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[)<.'.tecli\'
*
.
mel BI-)ZZ-8Bazza
&4é
Monmouth
Offìce
County Prosecutor's
Prosecutor's Office
Monmouth County
vr
Detective
Detective Rosendo
Rosendo Perez
Perez
Office
Monmouth
County Prosecutor
Office
Pro
Monmouth County
39
39
Prosecutor's
Prosecutor's File
File 0149
0 49
Case Document 63-1 Filed 08/04/16 Page 51 of 100 PagelD: 1188
<<459'STATEMENT
STATEMENT or: Joseph Zimmerman
ADDRESS TELEPHONE NO: -- East Brunswick, NJ 08816
C:
DATE PLACE OF BIRTH:
Livingston, NJ
SOCIAL SECURITY NUMBER: -
TAKEN AT: Monmouth County Prosecutor's Office
132 Avenu:
Freehold, New Jersey 07728
QUESTIONED BY: Detective Danicl Buzza
Monmouth Counly Prosecutor's Office
WIT NESSED BY: Detective Brian Weisbmt
Monmouth County Prusaculor's Office
TYPED BY: Autumn
Monmouth County Office
DATE September 22, 2015 9:29 AM.
Joseph Zimmerman, I am Detective Daniel B0222 of tile Monmuulh Counly Pmsecutnr's
Office and present here is Detective Brian Weisbrol of the same office, It is our duty to ask
you questions regarding the circumstances sunounding the incident Ihat occurred at the
Priediane [ucaled at 1017 R1. Freehold. NJ involving Timothy Harden on September 5,
2015.
This statement must be a voluntary onc. given of your own free will and accord, without
any threats or promises, knowing that what you say may be used in a Court of Law,
Are you willing to give a voluntary statement at this time?
Yes.
EXHIBIT
7
Prosecutor'@
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o>I;r-u—.hayqc\m.>t)zr
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t9
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2.
22
23
24
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30
3l
32
33
34
35
36
37
38
39
40
41
4?
>-
28.
28.
>9
A
Paramedic
Paramedic for
for MONOC.
MONOC.
(3
What
formal education?
education?
is your formal
What is
What
occupation?
What is
is your occupation?
Certificate
County College.
College.
Degree from
from Union
Certificate Degree
Union County
>
>C
>0
a
0
Are
Are you married?
maníed?
No.
No.
Can
English Language?
the English
Language?
read, write
write and
understand the
and understand
Can you read,
Yes.
Yes.
attention to
at 1017
1017 Rt.
Rt. 33,
Calling
located at
33,
the Priediane
Priediane located
to the
the incident
that occurred
occurred at
at the
incident that
Calling your attention
in
tell
us
Harden
NJ
on
2015, please
Freehold,
please tell us in your own
own
5,2015,
Timothy Ha¡den on September
Freehold, NJ involving
involving Timothy
September 5,
words
incident.
of this
this incident.
what knowledge
knowledge you have
have of
words what
On
to respond
respond to
call to
radio call
to the
the
received aa radio
Hoffinan and
and II received
day, my partner, Jeremy
Jeremy Hoffman
On that
that day,
the
contact
control
to
advised
We
location
for
mentioned
were
a
problem. We were advised to contact the control
psychiatric problem.
mentioned location for a psychiatric
center,
partner contacted
was driving.
driving, He
because II was
contacted them
them because
He
My partner
which is
is our
our dispatch
dispatch center.
center. My
center, which
with
the
assistance
behavioral
that
the
Police
advised
our
were
on
scene
was
requesting
the
with
behavioral
assistance
requesting
our
Police
on
were
scene
was advised that the
They stated
that the
the patient
patient
stated that
patient on
to be
be sedated.
sedated. They
who needed
needed to
emergency
of the
the patient
on location
location who
emergency of
the
location
in
to
route
went
location.
From
and
we
combative
was
there, we went in route to the location and
and
fighting on
on location. From there,
was combative and fighting
arrived
who directed
directed us
greeted by
Police Officer,
Offìcer, who
us
Howell Police
were greeted
by aa Howell
that incident.
incident, We
We were
anived at
at that
towards
the
patient.
patient.
towards the
Once
as well
well as
as Howell
Howell
Department, as
Township Police
Police Department,
we noticed
on scene,
sc€ne, we
noticed Howell
Howell Township
Once on
the
of
Howell
Officer
Police
Township
gf,eetcd by
by an
an Officer of the Howell Police
was greeted
EMS Division.
Division. II directly
directly was
Township EMS
and
needed
combative
and
to
altered
the
stated
that
who
was
needed
patient
and
to be
be
patient
and
combative
Department,
was
altered
that
the
stated
Department, who
medical
command
for
contacted
he
with
discussion
sedated.
After
a
medical
command
partner,
quick
partner,
for
he contacted
my
sedated. After a quick discussion with my
patient.
of the
the patient.
the direction
direction of
towards the
possible
possible orders
turned my attention
attention towards
then turned
orders for
for sedation.
sedation, II then
him
of
could
All
I
was
his
see
stomach.
The
that he
he
ground, on
on his stomach. All I could see of him was that
patient was
was found
found on
on the
the ground,
The patient
and
there
in
handcuffs
his
behind
were
hands
in
his
covered
back,
were
placed
and
dirt,
was
placed
there
in
handcufß
were
back,
were
behind
his
in
dirt,
hands
was covered
his
where Ii was
the patient.
was standing,
sunding, II could
could
to where
patient. Due
Due to
multiple
surrounding the
on location,
location, surrounding
Officers on
multiple Officers
down.
chest
from
his
half
of
the
the
lower
observe
patient, from his chest down.
only
only observe the lower half of the patient,
.D4,
Prosecutorélgfig D151
Prosecuto,.'(ùA) ( 151
Filed 08/04/16 Page 53 of 100 PageID:
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Page D: 1190
Statement of
of Joseph
Joseph Zimmerman
Zimmerman
Statement
Date:
22,
September
201 5
Date: September 22, 2015
Page
Page:3
0O\Io-.v«4:uy_)
II advised
Support) crew,
from Howell
is the
the ambulance
ambulance from
Howell
(Basic Life
which is
crew, which
the BLS
BLS (Basic
Life Support)
advised the
in
him
the
could
stretcher
the
the
assess
to
we
so
on the stretoher so we could assess him in the back
Township,
back of
of the
the
place the patient
patient on
Township, to place
the
of
towards
back
ambulance.
patient towards the back of the
the
we moved
moved the
the patient
beìng done,
done, we
ambulance. As
As that
that was
was being
that
the
noticed
was
and
ambulance.
When
showing
agonal
patient
patient
approached
was
showing
agonal
partner
partner
noticed
that
the
my
ambulance. When
approached and
and
which indicated
stops beating
beating and
respirations,
heart stops
possible cardiac
or when
when your heart
cardiac arrest,
arrest, or
indicated possible
respirations, which
aren’t
breathing on
own.
you aren't breathing
on your own.
I
2
3
4
5
6
,I
Once
pulse and
via mechanical
mechanical pulse
and
confirmed via
we confirmed
back of
ambulance, we
Once we
we were
were in
of the
the ambulance,
in the
the back
his
and
not
did
have
on
was
own.
not
cardiac
that
the
breathing
a
pulse and was not breathing on his own.
patient did not have a pulse
cardiac monitor,
monitor, that the patient
CPR
arrived at
point up until
the time
tíme we
we arrived
at the
the hospital
hospital
From that
until the
initiated immediately.
that point
CPR was
was initiated
immediately. From
Cardiac
CPR and
and care
(Advanced Cardiac Life
Life Support)
Support)
to the
and ACLS
ACLS (Advanced
was transferred
the ER
ER staff,
staff, CPR
and
care was
transfened to
protocols
protocols were
continued.
were continued.
I
I
10
l0
ll
II
12
)2
I3
l3
14
l4
15
I5
I6
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17
1?
18
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2!‘
2ß
i'1x":
1a
22
23
23
a
It’s
It's aa little
liule more
more than
than 2
2 years.
What
position at
yourposition
is your
at MONOC?
MONOC?
What is
A
Care Paramedic.
My
Paramedic.
My technical
is MobileIntensive
Mobile Intensive Care
technical title
title is
a
Did
for his
position?
receive training
Did you receive
training for
his position?
Yes.
Yes.
24
24
25
25
Could
Care Paramedic
Pa¡amedic with
with
Intcnsive Care
please describe
duties and
roles as
as aa Mobile
Mobile Intensive
describe you duties
and roles
Could you please
MONOC?
MONOC?
26
26
27
27
28
28
Some
is fimctional
functional on
on aa daily
daily
equipment is
that my
my equipment
responsibilities are
are ensuring
ensuring that
Some of
of my job responsibilities
certifications
all
of
I
have
have
do
basis.
I
to
job. I have all of my certifications up
up to
to date,
date,
adequate supplies
supplies to do my job.
basis. I have adequate
properly
ambulance is
is properly
making
that my ambulance
sure that
have to
rnake sure
expire or
to make
none expire
or lapse.
lapse. II have
making sure
sure none
our medications
medications are
that our
are not
running
problems. II have
to ensure
not
have to
ensure that
and functions
fr.mctions without
without problems.
running and
is
it
to
On
for
a
be
and
basis,
use.
job
provide
to
daily
my
provide
appropriate for use. On a daíly basis, it is
to
expired
expired and appear to be appropriate
advanced
setting,
patients in
hospital setting.
to patients
in the
the pre hospital
life support
support to
advanced life
29
29
30
30
31
3l
32
32
33
33
34
34
35
35
36
36
37
37
38
38
39
39
40
40
41
4t
4?
42
4
How
with MONOC?
MONOC?
How long
long have
have you been
been employed
employed with
<0
Please
of the
the incident?
incident?
the day
day of
to on
on the
were assigned
assigned to
which MONOC
vehicle you were
Please identify
identify which
MONOC vehicle
.>
We
also 204.
was also
204,
number was
our unit
unit number
an ambulance.
ambulance. And
And our
which is
is an
were in
in vehicle
vehicle 204,
204, which
We were
‘.0
Who
that day?
day?
your medical
doctor on
on that
command doctor
was your
medical command
Who was
.>
A.
Without
physicians that
that we
we use
The physicians
use as
as
remember. The
can't remember.
the chart,
chart, II can’t
to reference
reference the
being able
able to
Without being
Medical
Israel
Center.
Beth
Newark
in
medical
command are
are emergency
physicians in Newark Beth Israel Medical Center.
room physicians
emergency room
medical command
44
44
Prosecutor's
Prosecutol,
@0152
@c
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Om_.,\l(JI-&LA.) ~s_©o°9‘nbt
Statement
Zimmerman
of Joseph
Joseph Zimmerman
Statement of
Date:
22,
September
201 5
Date: September 22, 2015
Page
Page 4a
Can
the scene?
scene?
please describe
patient that
located at
at the
that was
was located
Can you please
describe the
the patient
I
2
A
3
4
What
observe the
on scene?
scene?
patient doing while
while you were
were on
What did
did you observe
the patient
5
6
A
7
I
._
9
1l
Not
Not to
to my knowledge.
knowledge.
a
ambulance in
When
particular area‘?
in any particular
park the
area?
the ambulance
to park
When you arrived
on scene, were
were you directed
directed to
aríved on
t5
No.
No.
l6
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23
24
25
26
27
28
-PI‘3:14lumL.2wi_-)ql>,'M;—oxcq
29
30
a
3¡
32
33
34
a
J)
36
3'.
38
39
42
At
yor¡r partner
pâJtner directed
point in
directed to
to relocate
relocate
or your
were you or
At any
any point
in time
while you were
were on
on scene, were
time while
your ambulance?
ambulance?
No.
No.
in
scene, you were
were met
at the
the scene,
met
a:rival at
description of
the incident,
that upon arrival
In your description
of the
incident, you stated
stated that
combative. What
by
What did
patient was
and combative.
was altered
altered and
did he
he
that stated
that the
the patient
hy aa Police
Políce Officer
Officer that
stated that
altered?
mean
by
mean by altered?
does
Altered
patíent does
that the
the patient
Meaníng that
mental status;
status; Meaning
to aa neurological
neurological state
state of
of altered
altered mental
Altered refers
refers to
not
behaviors.
with typical
typical behaviors.
in aa manner
manner congruent
congruent with
not appear
appear to
to be
be acting
acting in
Approximately
the incident?
incident?
the scene
of the
how long
long were
were you at
at the
scene of
Approximately how
Without
25 minutes.
minutes.
20 to
to 25
approximately 20
would say approximately
Without referring
refening to
to the
chaf directly,
directly, II would
the chart
observe?
When you arrived
on scene, how
did you observe?
arrived on
Police Officers
Offrcers did
how many Police
When
what II recall,
7. From
that were
were
Police Officers
Offïcers that
Approximately
it was
was approximately
approximately 55 Police
From what
recall, it
Approximately 7.
restrain
the
to
patient.
attempting
attempting to restrain the patient.
0
a
the Police
How
cers restraining
patient?
restraining the
the patient‘?
Officers
How were
were the
Police Offi
A.
Officer at
on scene.
II can’t
recall seeing
seeing II Officer
at the
the
only recall
scene. II only
Officer on
to the
the actions
actions of
of every Officer
can't speak
speak to
in
the
hold
his
hands
to
place.
patient
or
piace.
patient
using
shoulder,
in
patient’s
patient's right
right arm, using his hands to hold the
right shoulder, or right
40
4t
Q::>
A
t3
l4
CH’ OM» ?o'»{\>(
From
his shoulders
shoulders from
with his
from
movement with
rocking movement
From what
what,I recall,/the
,r#tfrffi patient wus making aa rocking
situation.
free
of
the
break
be
left
in
what
to
to
an
to
attempt
situation.
right
appeared
free
of
the
break
right
what
be
an
attempt
to
left to
in
appeared to
Have
patient?
previous interactions
with this
this patient?
ever had
had any previous
interactions with
Have you ever
t0
t2
From
pounds.
180-200 pounds.
approximately 180-200
weighing approximately
tall Caucasian
Caucasian male
male weighing
what II recall,
recall, he
he was
was aa tall
From what
4.
44
Q;
Prosecutor's
Prosecutor's
'
0:153
c 53
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oh—I-£> a._\«.n4>wr_V,°O‘UbN o:>
Statement
of Joseph
Statement of
Joseph Zimmerman
Zimmerman
Date:
Date: September
September 22,
22, 2015
201 5
Page
Page 5s
a
anything to
patient?
to the
the patient?
During
Police Officers
Officers say anything
During your time
on scene, did
did you hear
hear the
the Police
time on
>
A
Not
¡ecall,
that II can
can recall.
Not that
a
to either
either the
patient say
anything to
the Police
Police
During
you hear
say anything
your time
hea¡ the
the patient
During your
time on
on scene,
scene, did
did you
A
Not
Not that
that II can
can recall.
recall.
l0
a
patient?
the patient‘?
strike the
During
Officers strike
your time
Police Officers
During your
time on
did you observe
observe any Police
on scene, did
l2
A
No.
No.
a
Did
weapons while
while they
they
utilize any
any weapons
you observe
scene utilize
Offìcers on
on scene
Did you
observe any
any Police
Police Officers
the
with
interacting with the patient?
patíenl?
interacting
A
No.
No.
a
observe the
At
anyone?
patient spit
at anyone?
point during
spit at
the incident
the patient
At any point
during the
incident did
did you observe
A.
No.
No.
a
Officers restrict
observe any
During
the airway
airway of
restrict the
scene, did
of the
the
did you observe
any Police
Police Officers
During your time
time on
on scene,
patient?
patient?
A.
No.
No.
a
Were
patient?'
your partner
to the
the patient?‘
partner able
administer the
the sedation
sedation to
Were you or
to administer
or your
able to
A
obtained orders
No.
so because
we obtained
the time
time we
orders
realized in
in between
between the
No. We
were not
not able
to do
do so
because we
we realized
We were
able to
in
'*nt
the
cardiac
that
was
the
do
time
and
the
possible
moved,
so
was
possible
being
was in
cardiac
patient was being moved, that the
to do so and the ti¡ne the patient
.S'D«
‘\'D
do
-to
so,
so '\-l~
ånest, S0
r+ t,Uu$
dc:
rÅrUS (\O\arrest‘
f\gt
l
2
3
4
5
6
Officers
Officers or
or medical
medical staff‘?
staff?
1
8
I
ll
13
t4
t5
"l)>—-aA3\O I
ló
t7
l8
19
2ß
wmroxnus-4:8
!\
2
I22
x.) I\)
23
24
2s
26
'J>.l\?A-L‘©»uOwlg:kV.JIj4
27
28
29
30
3l
(\€,(‘,€-S";
(L0-bl
t\¿LeSS¿o0¿,[
32
33
Did
your treatment
patient?
the patient?
Did you document
document your
treatment of
of the
34
3s
36
A.
II personally
was the
the authorof
author of
partner, Jeremy
Hoffrnan, was
Jeremy Hoffman,
personally did
document anything.
an¡hing. My
My partner,
did not
not document
the
the Patient
Patient Care
Care Report.
Report.
.l
scene?
Did
patient while
were on
on scene?
while you were
with the
interacting with
the patient
Secruity Guards
Guards interacting
Did you observe
observe any Security
A.
Not
recall.
that II recall.
Not that
3',l
38
39
40
41
were
were
42
A4
Prosecutor's
Prosecutor,
Pile
P
U 154
154
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1193
°"“'‘\IOU-4:ust>.—
Statement of
Statement
of Joseph
Joseph Zimmennan
Zimmerman
Date:
Date: September
22, 2015
201 5
September 22,
6
Page
Page 6
How
interacting with
who were
were interacting
with the
How would
would you describe
describe the
demeanor of
the Police
Police Officers
Officers who
the
the demeanor
of the
I
(LpmwJI«>LAt\-—Qo°]‘h§Blr.x)_,
patient?
patient?
2
3
Q?)
and
wa(L
and
in
—
W(l ¢i2I/corned
Si'I_Y,
waste
it was
that they
professionalism and was
they showed
II woqþ-.,say, it
vras in no
was my opinion
no
showed nothing
nothing but
but professionalism
opinion rhat
the
were interacting
patient.
patient.
watc$#íderned with
with how
how tlicy
they were
interacting with
the
with
Is there
Ihcre anylhing
like to
ls
anything you would
at this
this time?
to add
statement at
time?
would likc
add to
to your statement
A
6
7
No.
No.
I
9
"‘l0
ll
12
TYPING
22, 2015 10:11
10:11 A.M.
A.M.
CONCLUDED - DATEAND
TYPING CONCLUDED
DATE AND TIME:
September22,2015
TIME: September
l3
——
t4
l5
STATEMENT
REVIEW AND
STATEMENT REVIEW
AND SIGNATURE
SIGNATURE
16
l7
t9
II have
initials including
have read
bears my
rny initials
including any
read this
this statement
statement consisting
consisting of
each page bears
of 66 pages; each
facts
initialed
corrections
in
that
the
and
I
herein are
contained herein
corections initialed in my own
certify that the facts contained
own handwriting;
handwriting; and I certify
are
2^
true.
true.
r8
>»o
~
),N
23
DATE
DATE AND
AND TIME:
TIME:
24
t)4 ZZ ZPtå 6” I075?
fl\7%iL{\"5
l,Õl:7
25
26
2'.1
28
29
30
3I
,___._
32
33
34
35
36
37
38
39
40
_
-r="-'7"
~
,
_
/?6
elective
a
ve Du
Monmouli County
Prosecutor's
County Prosecutor's Office
Ofïice
'
'
þt7
Q/r/vgi
û*M/ ti?
Detective
Detective BriTan.Weisbrot
Brian Weisbrot
2
Z
Monmouth
County Prosecutor's
Prosecutor's Office
Monmouth County
Offi ce
4t
4?
File 0155
Prosecutor's
155
Prosecutor's File
Case Document 63-1 Filed 08/04/16 Page 57 of 100 PagelD: 1194
whether.>>
40'
STATEMENT
STATEMENT 01": Joseph Wocio
ADDRESS TELEPHONE N0: --
icksuu New Jersey 08527
J1
machete New Jersey
SOCIAL SECURITY NUMBER:
TAKEN AT: Monmouth County Prosecutor's Offioc
132 Jerseyville Avenue
Freehold, New Jersey 07728-2374
DATE Kc PLACE OF BIRTH:
QUESTIONED BY: Dflefln'e Daniel Bozza
Monmouth County Prosecutor's Office
WITNESSED BY: Detective Daniel Newman
Monmoulh County Prosecutor's Office
TYPED BY: Rose Gulino
Monmoulh County Prosecutor's Office
DATE Kc TIME: Monday, September 21, 2015; 6:06 RM.
Joseph Wocio, I am Detective Daniel Bozza oflhe Monmoulh County Prosecutor's Office
and present here is Detective Daniel Newman of the same office. It is our duty to ask you
questions regarding the circumstances surrounding the incident that occurred ul the
Priediane located at l017 Route 33. Freehold, New Jersey involving Timothy Harden on
September 5, 2015,
This statement must be a voluntary one, given of your own free will and accent without
any threats or promises. knqwing that what you say may be used in a Court of Law.
Are you willing to give a voluntary statement at [his time?
sxmarr
Prosecutor's File 0
56
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1195
%*-"93;—._\IO§4D-La l}u_.$J“h>"k)‘
I
of Joseph
Statement
Joseph Wocio
Wocio
Statement of
Page
Page 2z of7
otl
(.1
2
24.
24.
4
What
\iVhat is
occupation?
is your occupation?
5
6
Powerwashing
Powerwashing
7
8
What
is your formal
education?
What is
formal education?
I
l0
Graduate
college and
vocational school.
school.
of vocational
two years of
of college
and two
high school,
school, three
three years of
Graduate from
from high
ll
t2
Are
Are you married?
maníed?
l3
l4
No.
No.
t5
16
>-bJ§«l>&U2L)u.pg,;-'-C'rO
28
29
30
3l
32
JJ
34
35
36
37
38
39
40
Abel}
41
>
described?
just
.iust described?
No,
No, II do
do not.
not.
involyed
Can
described?
incident you just described?
in the
the incident
guards involved in
please describe
describe the
the security
security guards
Can you please
I
I53.
0
I45,’
,-.
r
,.ll
The
'fhe one
full tattoos
tattoos sleeves
two full
sleeves
had two
and had
set and
bot(heavy set
guard was
five/nine, bcrltlfheavy
was about
about five/nine,
security guard
one security
dark
skinned,
second one
one was
short black
arms. The
black
on
heavy set,
set, dark skinned, short
tall, heavy
over 66 feet
feet tall,
was over
The second
both arms.
on both
withred
back
the
said
that
on
shirts
lettering.
had
both
hair.
lettering.
“security”
with
red
on
the
back
yellow
yellow
"security"
They
that
said
shirts
hair. They both had
happen?
During
did anything
else significant
signifïcant happen?
anything else
shift did
During your shift
Yes.
Yes,
42
Can
this date?
date?
on this
was significant
significant on
that was
please describe
what else
else happened
happened that
describe what
Can you please
43
1:.4
towards the
The
commotion,
of commotion.
and a
a bunch
bunch of
woods and
the woods
guards running
running off
ofitowards
security guards
The security
&45(II
,f_I'~Vr
4 -t'"'
Prosecutor's
Prosecutor's File
File 00 158
58
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"mro_.°‘U3'-90O\olI>Lnts.)_
I
Statement
Wocio
of Joseph
Joseph Wocio
Statement of
Page
of77
Page 44 of
Q.
2
Yes.
Yes.
3
4
5
Q.
6
I
guards were
doing
were doing
the security
security guards
From
what the
see what
standing, were
to see
able to
were you able
were standing,
where you were
From where
after
the woods?
woods?
ran towards
towards the
they ran
after they
9
"‘l0
ll
No
view.
blocking my view.
were blocking
all the
the cars
cars were
not, all
No II could
could not,
l2
l3
able to
guards were
were doing?
doing?
security guards
what the
the security
From
hear what
to hear
were you able
wore standing
standing were
where you were
From where
l4
l5
“calm the
then that’s
that's
and then
stop" and
relax, stop”
relax, relax,
II heard
fuck down,
down, relax,
the fuck
guards say
say "calm
the security
security guards
heard the
heard
I
didn’t
after
that
anything.
and
after
when
that, and after that I didn't heard anything.
heard the
the bang
bang after that,
when II heard
r6
-oxca
t'1
l8
saying “calm
fuck down,
down,
the fuck
guards saying
"calm the
security guards
hear the
the security
Approximately
did you hear
what time
time did
Approximately what
relax,
stop?"
relax, stop?”
t9
20
21
girlû'iend got
Because my girlfriend
It
3:00pm. Because
and 3:00pm.
2:00pm and
of 2:00pm
the hours
hours of
been between
between the
have been
to have
It had
had to
it
and
work
after work and it happened
after she
right after
she
and came
happened right
of work
out
right after
the concert
concert right
to the
came to
2:00 and
at 2:00
out of
work at
arrived.
anived.
2
23
Nix)
24
25
o'calm the
relax,
down, relax,
fuck down,
the fuck
yelling “calm
Can you please
guards were
were yelling
please tell
if the
the security
security guards
me if
tell me
Can
26
stop?”
stop?"
27
28
Yes,
hear otherwise.
otherwise.
to hear
be able
able to
Yes, II wouldn't
wouldnnt be
29
30
just one
or was
yelling?
Were
one yelling?
it just
yelling or
was it
guards yelling
security guards
Were both
both security
3l
J¿
different voices.
voices.
two different
It
like two
sound like
it didn’t
didn't sound
which one, it
not sure
sure which
f 'm not
It was
was just one, I’m
33
34
35
-‘NOko
Q.
36
38
40
4l
42
at?
two security
able to
yelling at?
Were
guards were
were yelling
security guards
the two
to see
see who
who the
Were you able
No.
No.
37
39
woods?
the woods?
Do
towards the
guards were
running towards
were running
security guards
why the
the security
know why
Do you know
No,
moment.
the moment.
at the
didn't know
know at
No, II didn’t
7
mw~4oxu-.mwrq_Q\°,c‘UA{3
"—;I>-~J.l»:Ls
described earlier?
Were
earlier?
guards you described
security guards
the same
same security
they the
Were they
Q-.
physical altercation
altercation with
with
able to
in aa physical
Were
with in
guards were
were involved
involved with
security guards
to see
if the
the security
see if
Were you able
anyone?
anyone?
able to
No
to see.
see.
wasn't able
No II wasn’t
43
¿
J:45on
Prosecutor‘;
F-îre Ol
o 59
s9
Prosecutàr! file
Filed 08/04/16 Page 61 of 100 PageID:
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
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—-O\DolsLIJ:.y[_)
Statement
Wocio
Statement of
of' Joseph
Joseph Wocio
Page
Page 55 of7
of7
down, relax,
relax,
yelling “calm
the fuck
fuck down,
guards yelling
Approximately
"câlm the
were the
the security
security guards
how long
long were
Approximately how
relax,
stop?”
relax, stop?"
I
)
3
lasted 20/30
II only
seconds, then
thump and
the bang
bang or
or thump
and II
then II heard
heard the
20130 seconds,
it once,
once, it
it lasted
heard him
him say it
only heard
showed
didn’t
the cops showed up.
that and
and then
then the
anlthing else
else after
after that
hear anything
didn't hear
4
5
6
n
O.
8
Rik:-4»u—_“©\O°lKI1.hL;)[
I
The
than 15
15 it
it didn’t
didn't take
take
later no
no more
more than
ten minutes
minutes later
police arrived
to ten
five to
about maybe
maybe five
The first
first police
anived about
then
several
other
showed
ambulance
the
of
minutes
later
to
a
up
up
then
several
other
there,
long
get there, a couple
couple of minutes later the ambulance showed
long to get
officers
anived,
officers arrived.
~il—._-
l0
12
t3
14
(.1.
l5
Were
subject that
that security
security
the unknown
unknown subject
police had
with the
had with
see any interaction
interaction the
the police
able to
to see
Were you able
with?
was
was dealing
dealing with?
l8
l9
20
No
the whole
whoie
police vehicles
were blocking
blocking the
and ambulance
ambulance were
the police
all the
vehicles and
No because
because all
2',
area
a¡ea
with
with their
their
vehicles.
vehicles,
¿
23
23
24
24
25
25
26
26
arrived on
Do
on scene?
scens?
ambulances arrived
how many ambulances
Do you know
know how
II want
two.
more than
than two.
three, II know
know there
there was
was more
want to
tCI say three,
27
27
did they
When
go directly
directly to
to where
where the
they go
the
pulling into
area did
into the
the area
ambulances pulling
the ambulances
observed the
When you observed
28
28
29
29
30
30
31
3r
32
32
33
33
34
34
35
35
security
guards were
were initially?
initially?
security guards
past the
they backed
booth area, they
backed
ticket booth
the ticket
They
the grass past
and drove
drove on
on the
pulled in
in the
the driveway
driveway and
They pulled
where
on.
into
the
was
going on.
everything was going
area where everything
into the area
Were
subject?
the unknown
unknown subject?
police were
to the
were saying
saying to
what the
the police
able to
to hear
hea¡ what
Were you able
No,
police say anything.
the police
anything.
hear the
No, II didn’t
didnot hear
36
JO
45
45
Do
on the
the scene?
scene?
police department
showed up on
what police
department showed
know what
Do you know
II don't
don’t know.
know.
l6
t7
37
37
38
38
39
39
40
40
41
4l
42
42
43
43
guards
the security
security guards
heard the
first heard
when you first
Approximately
between when
time lapsed
lapsed between
how much
much time
Approximately how
arrived?
until
the
at
yelling
police arrived?
yelling at someone
someone until the police
left the
From
time you left
the area
area did
to the
the time
did
the woods
woods to
run towards
towards the
security run
time that
that you saw
saw security
the time
From the
the
unknown
hear
anything?
subject
you hear the unknown subject say anything?
No.
No,
Q.
occurred?
incident occurred?
this incident
where this
Approximately
from where
were you from
how far
far away were
Approximately how
II would
good with
with distance.
distance.
not good
I'm not
200 feet,
feet, but
but I’m
more than
than 200
no more
would say no
)\\:~.J
\,'J
Prosecutor's
Prosecutor's File
File 00 160
60
Filed 08/04/16 Page 62 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1199
_‘?\}I)-—A._.ox,\i2:L»q'5°,‘UmN
Statement
Wocio
of Joseph
Joseph Wocio
Statement of
Page
otl7
Page 6ø of
I
2
Were
able to
to
Were you able
4
6
7
ambulances on
and the
scene?
on scene?
police and
the ambulances
the police
were the
Approximately
how long
long were
Approximately how
premises. They
They were
were
the premises.
around the
walking around
6:00 walking
They
at approximately
approximately 6:00
left at
there when
when II left
were there
They were
what
were
know
doing.
I
don’t
they
their
note
with
around
doing.
were
they
pads,
know
what
pads,
I
don't
walking
watking around with their note
I
I
l0
ll
l2
Were
propcrly?
left the
the property?
ambulances left
the ambulances
if any of
of the
able to
to see
see if
Wcre you able
l3
14
went into
ambulances or
into the
the
left, II went
or police
because II left,
No
leave because
police officers
officers leave
any ambulances
see any
No Ii didn’t
didn't see
hours.
about
two
for
festival
in
the
1
festival.
was
festival. I was in the festival for about two hours,
l5
16
t7
arrived?
police anived?
the police
after the
incident after
this incident
to observe
observe this
able to
Approximately
were you able
long were
how long
Approximately how
l8
19
But when
when II was
was
band. But
About
see aa band.
to see
the festival
festival to
went into
into the
then II went
and then
to 30
30 minutes
minutes and
About 20
20 to
and
took
me
to
came
officers
the
of
festival
me
one
the
my
up
into
to
and
took
leave
to
go into the festival one of the officers came up
going
going to
to leave to go
20
2t
27
27
28
28
29
29
30
30
31
31
32
32
33
33
if
incident?
of this
this incident?
result of
as aa result
to anyone as
rendered to
was rendered
aid was
if first
first aid
couldn't see
see was
was
reason II couldn’t
The reason
No
see the
open. The
door open.
ambulance door
the ambulance
of the
of one
one of
the back
back of
did see
buf II did
No but
and
out.
in
of
traffic
lot
there
coming
a lot of traffrc coming in and out'
plus there was
was a
by the
the cars, plus
was blocked
blocked by
my
view was
rny view
5
23
23
24
24
25
25
26
26
see
see
information.
information.
0.
guards that
that were
were initially
initially
After
two security
security guards
the two
to the
speak to
see or
or speak
police arrived,
did you see
arrived, did
the police
After the
this
incident?
in
involved
involved in this incident?
some woman,
woman,
with some
did not
guard walk
walk away with
No
security guard
the one
one security
saw the
but II saw
speak to
to them
them but
not speak
No II did
and
the
commotion
after
the
police
showing
That
left.
police
I
showing
was
after
up
minutes
and
the
that
two
commotion
was
that was two minutes after I left. That was after the
them.
with
communicate
didn’t
and II didn't communicate with them.
and
\
‘\
\
\
34
34
35
35
36
36
37
37
38
38
39
39
40
40
41
4l
42
42
43
43
45
45
\
''.tv
Prosecutgr's
Prosecutor's File
File
0 M511
Case Document 63-1 Filed 08/04/16 Page 63 of 100 PagelD: 1200
Slaiement of Joseph Wocio
Page 7 of1
1 I Is there anyvhing else you would like to add to your slalement a! this limeTYPING CONCLUDED -- DATE AND TIME: Scplembex 21, 2015; 7:03 P.M.
l3
:4
15 STATEMENT REVIEW AND SIGNATURE
I6
17 Ihave xead this statement consisting of 7 pages; each page bears my initials including
Is any corrections initialed in my own handwriting; and I certify that the {acts containad
19 herein are true.
20
2V
2: DATE AND TIMEDell:
34 Monmoulh Cum Prosecutor's Office
35
as
:7 [#203,
33 De cclivc icl Newman
39 Monmouth County Prosecutor's Office
40
Prosecutor's File 0162
Case Document 63-1 Filed 08/04/16 Page 64 of 100 PagelD: 1201
at.
A
STATEMENT
STATEMENT 01-" Philip Ladue
ADDRESS TELEPHONE HOWell, NJ 07731
C:
DATE PLACE OF BIRTH:
10 sort Cit), NY
SOCIAL secumry NUMBER: --
Monmouth County Prosecutor's Office
TAK EN AT:
132 Jerseyvill:
Freehold. New Jerse) 07723
QUESTIONED BY: Detective Daniel Bozza
Monmouth County Prosccutor's Olfioe
BY: Detective Rosendn Perez
Monmouth County Prosecutor's Office
TYPED BY: Autumn Tymesko
Monmouth County Prosecutor's omCe
DATE TIME: September 21, 2015 10:31 A.M.
Philip Ladue, I am Delecttve Daniel Buzza oflhe Monmouth County Prosecutor's Office
and pmsenl here is Detective Rosendo Perez of the same office. It is our duty to ask you
questions regarding the circumstances sun'aunding the incident that occurred at [he
Priediane located at 1017 Rt. 33, Freehold, NJ involving Timolhy Harden on September 5,
2015'
This statement must be 11 voluntary one. given of your Own fret will um! accord. wilhuul
any threats or promises, knowing that what you say may be used in a Court nit rm.
Are you willing to glVe a voluntary statement at this time?
Yes.
Prosecutor's File 0
163
Filed 08/04/16 Page 65 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1202
Statement
Ladue
of Philip
Philip Ladue
Statement of
Date:
21,
September
20I 5
I)ate: Septe¡nber 2l, 2015
Page
Page 2z
a
What
is your age?
age?
What is
A
28.
28.
I
2
4
What
What is
is your occupation?
occupation?
5
6
7
A
Hand
Stage
Stage Hand
o
rù/hat is
What
education?
formal education?
is your formal
A
Some
College
College. Broome
Broomc Community
Conrmunity College
Conrmunit¡' College,
Some Community
8
9
l0
¡l
12
married?
Are
Are you
.v.,ou man'ied?
t3
14
l5
A
No.
Nrl.
t6
t7
a
Can
Language?
the English
English Language?
write and
and understand
Can you read,
read, write
understand the
A
Yes.
Ycs.
l8
19
2ß
a
22
23
24
25
26
27
28
29
30
3t
32
33
34
35
36
37
38
39
4l)
41
4?.
A
at 1017
lAlT Rt.
Rt. 33,
located at
33,
at the
the Priedianc
Priedianc located
Calling
occurred at
to the
incident that
tliat occurred
attention to
the incident
Calling your attention
in
tell
us
Harden
2015, please
Freehold.
please tell us in your own
own
5,2015,
September 5,
on September
NJ involving
involving Timothy
Timothy Harden on
Freehold. NJ
words
incident.
have of
of this
what knowledge
kneiwledge you have
this incident.
words what
Around
with an
an individual.
individual.
problent with
having aa problem
were having
we were
that we
was notified
by radio
radio that
a.m. II was
notified by
Around l0
l0 a.m.
tell
his
could
You
He
Mr. Harden.
which
attention
erratically. You could tell his attention
was acting
acting erratically.
which turned
out to
to be
be Mr.
Harden. He was
turned out
His
attention
would
at
one
wouldn’t
he
thing.
Tim
different.
sort
would
was
His
attention
stay
of,
would
thing.
at
one
stay
wouldn't
go
he
go
Tim
was
so¡'t
oi
would
different.
and
Tim
check
his
and
on
Johnstone
Mr.
come
it
supervise
a¡ld
check
was
Tim
ott
move.
ltis
just
just move. lt was requesting
requesting Mr. Johnstone come and supervise
Johnstone
Mr.
didn’t
Mr.
or
l
behavior.
see
his
about
make
observations
welfare
and
welfare and make observations about his behavior. I ditJn't see Mr. Jolrnstone or Mr.
Harden
with Mr.
Mr. Johnstone,
Johnstone,
was with
in¡ was
Then 'fT im
that. Then
hour after
after that.
minutes to
to an
an hour
40 minutes
Harden for
for another
another 40
while
for
to
him
a
Johnstone
was
Mr.
his
with
in
cart.
around
watching
while
a
to be
for
be with
with
him
watching
golf
was
riding
golf
Johnslone
cart.
Mr.
riding around with in his
him
calm.
him
and
him and keep
keep him calm.
jobs,
After
giving Tim
Tim other
other.iob.s,
started giving
Bleefeld started
Johnstone and
and Benjamin
Benjamin Bleefeld
Mr, Johnstone
After about
an hour,
hour, Mr.
about an
for
went
about
That
on
Tim
an
to
fence.
like
for
occupied.
went
on
about
a
keep
That
an
just
occupied.
temporary
Tirn
putting
fence.
to
keep
likc putting up
up a temporary
the
front
the
Tim
to
drove
by
of
highway
gate
about
hour
gate
hour.
After
the
that.
by
highway
an
somebody
the
front
up
to
hour. After about an hour of that. somebody drove Tim
Seine volunteers
palking
and
in the
the parking
t'olu¡lteers in
33. Sonre
point. Tim
l-le ran
rau across
highway 33.
olTì He
across highway
that point.
Ti¡n ran
ran off.
at that
and at
ask
them
ride
few
to
cars
lot
for aa ridc
going back
and stopped
stopped aa few cars to ask thenl for
back and
and forth
forth and
that he
he was
was going
lot reported
reported that
about
20
for
Tim
to
minutes
saw Tim for about 20 minutes
nobody saw
Then nobody
sense, Then
didn't make
make any sense.
the airport,
airpof. which
which didn’t
to the
little
bit
and
then
for
calm
a
Tim
after
was
back
he
that.
fairly
then
and
bit
and
then II
over.
ran
for
a
little
calm
Right
and then he ran hack over. Right after that. Tim was fairly
check
him.
The
Tim
on
to
to
went
the
from
that
the
on
him.
heard
The
security company went fo Tim to check
heard that the supervisor
supervisor fiom the security
Tim
that
off
set
shoulder.
behind Tim
and
Unfortunately, that set Tim off and
supervisor went
his shoulder. Unfortunately,
a¡rd touched
touched his
went behind
Tirn and
supervisor
the
of
the
that
rest
that
at
told
I
point,
face.
the
in
was
the
the
point,
rest
of
the
he
at
that
that
guard
security
told
guard
was
punched
fbce.
I
in the
he punched the security
-fq
‘Mt
Prosecutor's
Prosecutor's File
File
0164
164
Filed 08/04/16 Page 66 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1203
Statement
Ladue
of Philip
Philip Ladue
Statenrent of
Date:
September 21,
21, 2015
2015
Date: September
LI-'[\.)n—3‘;x °“h>l_
Page
Page:3
that he
he called
called
Bleefeld that
Mr. Bleefeld
by Mr.
told by
was told
him. II was
restrained him.
guards,
total, restrained
guards, Ii think
was 55 total,
thínk there
there was
I
the
it was
an assault.
assault.
was an
because it
the Police
Police because
2
on the
the
first tent
tent on
the first
to the
next to
that point,
At
standing next
was standing
gate. II was
front gate.
to the
the front
up to
point, II come
come up
At that
of
the
One
were
down.
him
guards
guards
of
were
the
of
saw the
Tim, holding
holding him down. One
guãrds on
driveway.
on top of Tim,
the guards
driveway. II sarv
The
head.
Tim’s
arms and
and legs.
of
his arms
legs.
back
in
the
their
forearm
holding his
were holding
rest were
The rest
Tim's
head.
using
of
in
the
back
using thlir fbrearnr
After
about
10
him.
with
the
and
about
10
After
guards
him.
the
off
guards
with
moving
Tim
could
You
the
ground
see
moving
ground
and
nroving
Youiould see Tim moving off the
blocked
The
cars
Police
6
cars.
there
was
my
cars
At
arrived.
first.
The
blocked
nry
Police
the
I5
cars.
to
niinutes, the Police ãrrived. At first. there was 6 Police
to l5 minutes,
of 10
l0 Police
Police cars.
cars.
total of
probably aa total
view.
cars came. probably
Potice cars
additional Police
minutes, additional
view. Within
Within aa few
few minutes,
walk
the
I
saw
guards
few
within
away.
minutes,
but
guards
walk
a
away.
couldn’t
saw
the
I
this
I
At
see
minutes,
anything
a
few
within
point,
but
point,
I couldn't see anything
At this
Á
5
6
7
I
9
IO
¡I
The ambulance
the Police.
in. maybe
maybe
backed in,
ambtrlance backed
The
Police. The
quick after
after the
fairly quick
arrived fairly
Thc ambulance
ambulance arrived
restrained
on
a
stretcher,
Tim,
I
was
saw
The
thing I saw was Tim, restrained on a stretclrer,
about
next thing
was. The next
where Tim
Tim was.
from where
20 feet
feet from
abt¡ut 20
the
brief
being
restraints.
soft
an ambulance.
anrbulance. II gave aa brief
with
into an
padded
straps,
meaning
being put into
padded
straps,
wittr soft restraints. meaning the
it.
and
that
was
Officer
to
statement
an
statement to an Offìcer and that was it.
12
13
l4
l5
l6
t7
Q
0
l8
Sson
f''rf; f
3o, we
Event?
Groove
role
for
th
r
What
was
Event?
Groove
your
was
role
lbr
tlreütçqn
What
.:{.4
~(- V :-i
,
Property
Supervisor
Maintenance Supervisor
Pr.operly Maintenance
r9
for
was supplying
supplying audio
audio
prior, II was
year. Two
Two years prior,
this year.
for this
20
systems
the festival.
fbstival.
for the
systerns for
7)
Can
y
23
24
25
DATE
DATE AND
AND TIME:
TIME
IL)// 3'
o
I 5;
q¡tr
:í qm
¡
26
27
28
it 4o?_‘6?;‘Q»'_\_.___.
4gi;r.»
Ladue
Pliilip
29
P
30
3I
32
)J
34
35
16
37
.18
39
40
41
l’)etec:—iivc I)‘
'
ozza
ozza
Monmouth
County Prosecutor's
Monmouth County
Proseculor's Office
OfÍì ce
-.
r (SJ.
i)cIcclivc Rosendo
Rosendo Perez
Perez
Monmouth
Monnrouth County
County l’ros(.-culo
42
+.í
Prosecutor's
Prosecutor's File
File 0167
167
Case 3:15-c Document 63-1 Filed 08/04/16 Page 69 of 100 PagelD: 1206
1 STATEMENT
3
4
5 STATEMENT OF: Casey Emilius
7 ADDRESS TELEPHONE N0: NJ 07418
8 Red Bank. NJ 07701
9 C:
to
DATE PLACE OF BIRTH:
l3 Patterson, NJ
is
I4 SOCIAL SECURITY NUMBER: -
|5
I6 TAKEN AT: Monmouth County Prosecutor's Oflicc
)7 I 12 Jetseyville Avenue
IR Freehold. Ne" Jerset 07728
tq
20 QUESTIONED BM Detective Daniel anza
:1 Lulillt) Prosecuwr's Office
WITNESSED BY: Detective Rnsendc Fercz
24 Monmouth County Prosecutor's Ot'live
25
26
27 BY: Autumn
zx Monmouth County Prosecutor's Oflice
19
30 "Arr TIME: 17' 2015 5:22 pm.
ll
12
33 Case) Emilius. I am Daniel 50123 of the Monmouth County Prosecutor's Office
34 and present here is Detective Rusendu Percz of the same office, It is our duty to ask
35 questions regarding the circumstances surrounding the incidenl that occurred at the
16 Pricdt'anc located at 1017 Rt. 33, NJ involving Timothy Hardcn on Sementber 5.
17 2015.
35
39 This statement must be 3 Voluntary onet given of yuur own free will accord. "ilhaui
4t: any threats or promises. knowing that what you set) may be used in a Court ofLatt
41
42
43 Are you Willing to give a stntemem at this time?
41
A Yest
4n
1
1 'Prosecutor's File 0168
Filed 08/04/16 Page 70 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1207
Statement
Statentent of
of Casey
Casey Emilius
Emilius
Date:
2015
Date: September
Septcmbe¡' 17,
i 7,2A15
Page
Page 22
a
What
What is
age?
is your age?
A
26.
26.
I
2
3
4
What
What is
is your occupation?
occupation?
5
6
Conference
Conference planner.
planner,
7
I
I
l0
lt
t2
t3
a
>0
What
V/hat is
is your formal
formal education?
education?
A
Bachelors
Bachelors in
in Marketing.
Marketing.
O
a
Are
you married?
Arc vor¡
nrarried?
A
t\
No.
No.
a
Can
read, write
Can you read,
write and
and understand
understand the
Languagc?
the English
English Language?
l\
Yes.
Ycs.
l4
t5
16
l7
I8
t9
the Priedianc
the incident
Calling
located at
at 1017
l0l7 Rt.
Calling your attention
attention to
to the
Priediane located
Rt. 33,
incident that
thal occurred
at the
33,
occur¡'ed at
tell
in
Freehold,
please tell us
Freehold. NJ
NJ involving
2015. please
us irr your own
involving Timothy
on September
5, 2015.
Timothy Harden
Harden on
Septenrber 5,
own
words
words what
what knowledge
knowledge you have
ol'this incident.
have ofthis
incident.
In.‘
2
22
22
23
23
24
24
25
25
26
26
27
27
28
28
29
29
30
30
31
3I
32
32
33
33
34
34
35
35
36
36
37
37
38
38
39
39
40
40
41
4I
A
II was
front gate,
working the
was working
gate, managing
on site
ticket sales.
salcs. My
and on
site ticket
the front
nranaging will
tvill call
call and
My,
cash
their
responsibilities
checking people’s
rcsponsibilities include
and distributing
people's on-line
sales or
taking their cash and
distribuling
include checking
on-line sales
or taking
wrist
cars. At
or weekcnd
day or
wrist bands
check the
thc cars.
bands for
for either
passcs. ., We
We have
have security
security check
either day
At
weekend passes.
'lirn
the
front
to
Tim
10
was
am.
on
brought
approximately
Saturday,
September 5'l',
gale for
approximately 10 â.m. on Saturday, ieptenrber
was hrought to the front gate
l'or
disorderly
yelling on
disorderly conduct.
was yelling
on the
conduct. II didn't
lre was
the camp
see it
it but
what II heard.
heard, he
canlp
didn't see
but from
lrom what
grounds
grounds where
people were
normal. He
[{e took
took an
where people
Tim was
was normal.
a¡r
were sleeping.
My interaction
interaction with
with Tim
sleeping. My
then
walked
and
the
do
22
this.”
ate
to
Approximately
apple. said.
going
away.
apple
going
away.
Approximately
apple.
said. ‘‘I’m
then
walked
the
apple
ancl
to do this"" ate
"I'm
the
the
otlicer
hours
time
restrained
Tim
I
and
next
was
later,
saw
security
him,
by
being
hours later, the next time I saw him, Tinr was being restrained by the securit.l' oflicer and
Stone Pony.
another
worker’s name
tlre Stone
at the
Pony. II
another worker.
worker. II believe
is lan
lan and
and works
works at
believe the
the other
other worker's
nanre is
but
don‘t
officer"s name.
the security
securit¡'
don't recall
recall the
the security
sporadically, but the
securitl,of'fìcer's
Tinr fought
lbught back
back sporadically,
name. Tim
control
until
the
officer
under
seemed
had
it
and
Tim
have
handled
to
professionally
until
the Police
Police
officer seemed fo have handled it profèssionally and had l'im under control
ambulance
An
control.
took
arrived.
And
arrived.
the
Police
then.
once
pulled
i¡r and
arrived. And then, once the Police an'ived. they
and
they took control. An a¡rtbulance pulled in
ambulance shaking
blocked
approximately 22
for approxinrately
m-"- view.
view. About
shakirrg for
blocked my
About 22 hours
hours later,
saw the
the ambulance
later, II saw
minutes.
then the
pulled away.
nrinutes. The
a¡nbulance pulled
away.
The shaking
shaking stopped,
stopped. and
the ambulance
and then
5"‘,
a
When
Whe¡r Tim
Tinl
was
v¡as
being
please describe
desmibe how
ltow he
guards. can
can you please
he was
was
restrained by
by the
being restrained
security guards,
the security
being
being restrained?
restrained?
.t-
A
44
44
Tim
otlicer had
across Tim’s
Tim's shoulder
fcrrearm across
shoulder
had his
his forearm
Tirn was
was laying
laying face
fhce down
dc¡wn and
and the
s,:curitv orl'icer
the security
blades.
blades.
1
)
‘Pr ecutor's
;å"","
r's File
File
0169
169
Filed 08/04/16 Page 71 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1208
.\o:I’_-u~$E§3,mO‘UAwN
.I_
)
3
4
5
6
7
I
9
At
you witness
ditt you
witness
Harden. did
Tinrothy Harden,
point in
with Timothy
interaction with
At any point
in time
time during
duritrg security’s
securiry's interaction
obstructed?
Timothy’s
airway being
Tinrothy's airway
being obstructed?
At
witness Timothy
did you witness
Tirnothy
point during
Harden, did
witir Timothy
Timothy Harden,
interaction with
At any
trny point
during security’s
security's interaction
officer?
assault
a security
assault a
security officer?
l6
t7
’\Jv—I._a
_LnJU[oQegas~
»_aes:
l8
19
2l
z
22
23
24
t<
26
27
28
29
30
34
No.
No.
t2
l3
JJ
At
did you see
see them
them strike
strike or
or
Harden, did
Timothy Harden,
with Timothy
At any time
time during
during security’s
security's interaction
interaction with
hit
Timothy?
Timothy?
hit
No.
Nc¡.
t4
_l5
3l
Page
Page 3I
l0
ll
32
of Casey
Statement
Casey Emilius
Enrilius
Statement of
Date:
September 17,
17, 2015
2015
Date: September
around while
legs around
while being
his legs
heing
mostly his
flailing mostly
II didn't.
didn't. The
only thing
thing II saw
him Tim
Tim flailing
The only
saw him
restrained.
restrained.
how did
the scene
When
at the
scene and
fo¡ security,
security, how
over for
did
to take
take over
and began
began to
anived at
When Police
Police Officers
Offìcer.s arrived
Police
Officers
retrain
Harden?
Timothy
Police OflÌcers retrain Tinrothy Harden?
Officers. II just
II did
the Police
Police Officers.
and the
physical transfer
between security
security and
the physical
control between
did not
not see
see the
transfer of
of control
certain and
knew
were over
seeing the
the Officers
rerncmber seeing
Officers
don't remember
knew they
can't say for
and don’t
they were
over there.
there. II can’t
for certain
Tim.
physicallytouching
physically touching Tim.
When
arrived on
the area
immediately
area and
and immediately
into the
it drive
When the
did it
drive directly
directly into
the ambulance
ambulance anived
scelìe, did
on scene,
front
of
view?
park
park in
your
in front of
view?
view. They
Yes.
fro¡rt of
never moved.
moved.
Yes. Right
Right in
in front
They never
of my view.
anything?
During
l{arden saying
saying anything?
the incident,
incident, do
recall Timothy
Timolhy Harden
During the
do you recall
No.
No.
saying anything‘?
arrything?
During the
Police Officers
Officers saying
hearing any Police
the incident,
incident, do
cio you recall
During
recall hearing
35
36
3t
38
39
40
Ah
No.
No.
Officers arrived?
During
anived?
Police Officers
During the
the incident,
incident, do
do you recall
recall how
how many Police
II recall
recall approximately
17 at
once.
approximately 17
at once.
4t
4.
.¡
A44A
’
0.
Qc
Prosecutor's
170
Prosecutor's File
File 3170
Filed 08/04/16 Page 72 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1209
Statement
Casey Emilius
Statenrent of
of Casey
Emilius
Date:
Date: September
September 17,
17, 2015
2015
Page
Page 44
Vboxtu-n.N_,
a
I
2
A.
3
^
5
6
"°;\Ic7un:$§'5
a
8
A
9
l0
II
12
t3
Can
of the
please describe
day of
incident?
tlre incident?
Can you please
describe Timothy
Timothy Harden
Harden on
on the
the day
and II believe
Tim
shorts and
believe in
in the
probably 6’4.
good shape.
on shorts
the
Harden probably
6'4. In
He had
had on
Tim Harden
In very
shape. He
very good
He
he
time
second
shirtless.
he
the
came
was
don’t
remember
I
was
morning
up. He was slightly
slightly
morning he was shirtless. I dolt't remember the second tinre he came up.
red
in the
red in
the face
face and
sweating.
and sweating.
Prior
the incident,
did you have
Timothy Harden?
Harden?
with'fi¡nothy
to the
fhe day
interaction with
Prior to
day of
of the
incident, did
have any interaction
II saw
7:30. 8:00
8:00
4th at
at approximately
approximately 7:30,
saw him
hinr check
check in
in at
at the
the front
front gate on
on Friday,
Friday, September
September 4"‘
at
him
10:30
I
Tim
and
blanket.
small
saw
a
was
approximately
a
again
at
approxinrately
carrying
bag
p.nr, Tim was carrying a small bag and a blanket. I saw him again
10:30
p.m.
about
them
with
Dave
with
conversation
short
and
had
a
p.m, with Dave Mahajan.
nothing in
in
p.m.
Mahajan. and had a short conversation with thenr about nothing
Small
talk.
particular.
talk.
Small
¡rarticular.
_.
a
What
demeanor during
Timothy Harden
with Timothy
Harden on
was Timothy
Wlral was
interaction with
on
Timothy Harden’s
Harden's demeanor
during the
thc interaction
2015?
4,
September
Seplentber 4,2015?
A
He
He seemed
scc¡ned totally
normal.
totally normal.
.2-l9—
a
Prior
Prior to
to the
thc interaction
interactio¡r on
on September
September
Timothy
Timothy Harden‘?
Harden?
A
II knew
garbage, but
but II never
never had
knew him
prior, where
cleatt up garbage,
him from
the year prior,
where he
volunteerecl to
to clean
had
from the
he volunteered
2
the
events.
conversation
with
him
between
him
did
and
to
not
corrversation with him and did not see
see or
speak to irim between the 2 events.
or speak
t4
t5
l6
t7
I8
2'
2
22
23
24
25
a
26
27
2rl
a
At
time during
anyone mention
did you hear
hear anyone
point in
the incident,
nrention
At any point
incident, did
in tinre
during the
incident or
or after
afier the
the incident
that
Harden
narcotics?
had
taken
that Timothy
Timothy Harden had taken any narcotics?
A
Before
time, there
v/as an
an implication
implication over
there was
over the
tsefore Tim
Tim was
was brought
the
brought up to
to the
the front
front gate the
the first
first time,
the
lines
radio
Tim
acid
of
that
influence
the
under
somethingalong
was
o{ he
radio that T'im was under the influence of acid by
he is
by saying
saying something along the lines of,
is
was
that Tim
tripping
mentioned that
yelling. II overheard
Tim was
someone mentioned
tripping and
where someone
and yelling.
conversat¡on where
overheard aa conversation
was scmi-normal
yelling
with him
him was
scmi-normal
yelling about
interaction with
But my interaction
about combat
to Miami.
Miami, But
combat and
and flying
flying to
do
this.
I’m
him
to
besides
the
and
going
taking
saying,
be.sides him taking the apple
apple and saying, I'm going to do tltis.
3l
34
35
36
37
38
39
40
At
move to
point in
vehicles to
to move
to block
block the
At any point
in time
time during
instruct any vehicles
during the
the incident,
did you instruct
the
incident, did
view
view from
from the
scene?
the scene?
No.
No.
32
33
:1
¡r
A
29
30
other interactions
4"‘,
you had
have you
interactions have
had with
with
what other
411'" what
(BREAK
(BREAK TAKEN
TAKEN AT
AT 5:52
5:52 P.M.)
P.M.)
(RETURN
(RETURN FROM
FROM BREAK
5:59 P.M.)
P.M.)
BREAK 5:59
41
41
I
44
(-1
(^'
'2
)
PrbsQ:utor'
s
rb.É.utor,
P
File
File 0171
171
Filed 08/04/16 Page 73 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1210
A"-I—._l"’t\°‘OL)u.v;[_
Statement
of Casey Emilius
Statenrent ofCasey
Emilius
2015
Date:
Septenrber 17,
1 7, 201 5
Date: September
Page
Page 55
a
Can
please describe
by “tripping”?
describc what
what you mean
mean by
Can you please
"tripping"?
A
II would
acid, which
psychecfelic
.A psychedelic
is aa drug.
drug. A
which is
influence of
of acid,
would say
someone who
who is
is under
under the
the influence
say someone
narcotic.
mind
altering
nlind altering narcotic,
a
Have
past?
previous Super
events in
in the
the past?
worked previous
Groove events
Hare you worked
Super Groove
I
2
3
4
5
6
7
A
8
a-—In._
9
l0
1I
'Ihe last
Yes.
gate. II am
good
fiont gate.
am good
at the
lhe front
years. The
last 2,
2, at
all 44 years.
worked at
the festival
festival all
Yes, II have
have worked
at the
I
6
her
met
about
her
I’ve
known
friends
with
Priscilla
years. I ntet her at
probably about 6 years.
at
Mahajan. Iove known her probably
friends with Priscilla Mahajan.
Groove.
of
founder of Super
Jeff Maha_ian’s
Monmouth.
Super Croove.
who is
is the
the founder
She is
Maha.ian's wife,
wife, who
Monmouth. She
is Jeff
a
In
ever been
hec¡r an
an issue
issue with
witb
has there
there ever
years that
you have
Groove, has
worked Super
Srrper Groove,
I¡l the
the 44 years
that you
have worked
narcotic?
attendees
type of
usirrg acid
acid or
of narcotic?
aftcndces using
or any other
othel type
A
+—w;a2.+1d4u4_ut). We
very family
It's been
been aa very
family
problem like
like this.
this. It’s
¡iever, ever
ever had
had aa problem
We have
hâve never,
++*lu¡¿-+a¡-r¡o.
a
event?
Do
year's evr'nt?
at this
this year’s
served at
bevcrages being served
Do you know
klrow if
if there
there were
alcoholic beveragesbeing
were any alcoholic
A
No.
No, +n:vr:
fv)<"
*rtre' u)t:‘.YTi
vuSti nor.
a
Were
yeal's event?
event?
this year’s
to this
Were attendees
attendees allowed
alcoholic beverages
beverages to
allowed to
to bring
bring alcoholic
A
No.
glass bottles
of alcohol.
alcollol.
bottles of
few glass
searched all
confiscate aa few
No. Security
Security searched
all cars
cars and
and did
díd confiscate
ai
Are
we need
need to
to speak
if we
speâli to
event if
to
this event
provide additional
about this
Are you willing
willing to
to provide
additional information
information about
you again?
again?
Al
Yes.
Yes.
al
like to
Is
this time?
time?
anything you would
statentent at
at this
would like
add to
to your statement
Is there
to add
there an¡hing
33
A.
34
"i
extended period
Tim
period of
dusty parking
for an
an exlendecl
of time.
tirne.
parking lot
lot for
down in
in aa very hot,
hot, and
and very
ver"v dusty
Tim was
was face
face down
12
t3
,~o%\l°‘U
l4
¡5
I6
t7
t8
t9
20
20
:
22
?3
24
ts
26
27
28
29
30
3t
)Z
No.»ce
¡Jo. - c
É,
friendly
fricrrdly event.
event.
—
CtgE
35
36
37
38
39
40
4t
4?
{
44
,'-
--'-==-\
ij¿Prosecutor's
Prosecutor's File
File 0172
172
Filed 08/04/16 Page 74 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1211
Statement
Statenrent of
of Casey
Casey Emilius
Emilius
Date:
2015
17,
Date: September
17,
2Al5
Septentber
Page
Page e6
Is
add to
Is there
there anything
at this
time?
anything else
else you would
would like
statement at
this time?
like to
to add
to your statement
I
2
No.
No.
3
4
5
6
7
TYPING
AND TIME:
6:10 P.M.
TYPING CONCLUDED
17, 2015
3015 6:10
P.M.
Septenrber 17,
CONCLUDED- DATE
DATEAND
TIME: September
8
—
9
r0
STATEMENTREVIEW
STATEMËNT REV]EW AND
AND SIGNATURE
SIGNAT'LIRE
II
t2
II have
initials including
havc read
read this
this statement
state¡nent consisting
consisting of
bears my
rny initials
inclucling any
each page bears
of 66 pages; each
arry
facts
in
corrections
initialed
that
the
and
I
are
certify that the fhcts contained
corucctions initialcd in my
co¡ttained herein
hcrein are
nry own
ou,n handwriting;
handwriting; and I certífy
t3
l4
l5
true.
true.
t6
t7
l8
t9
DATEAND
TIME:
DATE AND TIME:
2n
_‘3_y lf] )4] _5_*
S,
.?>,)tr1
-\
22
¿t
24
25
26
27
28
to
30
3t
32
34
35
. '-. -ì:'x
it
Dctccul-i_ve
ve iii.
iozza
Monmouth
Monmouth County
County Prosecutor's
Prosecutor's Office
Offi ce
._§t_Q..“£&.y_/{%/
, rf(
l)ct‘c-ctivc Rosendo Perez
Monmouth
Monmouth County
County Prosecutor's tliuc
3ó
.)l
38
Prosecutor's
173
File 3173
Prosecutor's File
Case Document 63-1 Filed 08/04/16 Page 75 of 100 PagelD: 1212
A F.
3
4
5 STATEMENT or: Jeffrey Mahajan
5
7 ADDRESS TELEPHONE NO: Timon Falls, NJ 07724
3.x
9 a)
10 DATE PLACE OF BIRTH: 3 1
ll Indianapolis. IN
12
1: 50cm. SECURITY NUMBER:
14
15 TAKEN AT: Monmouth County Prosecutor's Office
Is 132 Avenue
Freehold. New Jersey 07722
Is
QUESIJONED BY: Daniel Balm
20 Munmoulh Cuunl) Office
3]
:7 wnNEseED BY: I)clc n: anacndu Pexez
Monmouth County Prosecumr's Office
BY: Autumn Tymesko
Monmomh Coum) Prosccmor's Office
DATE :2 TIME: Seplember 17, 2015 3.40 pm
34)
Jamey Muhajan, I am Delecn've Daniel Buzzu or Ilu' Comm Promunm
Ufficc and prexem here is Deteclivc Rosendo Percz om: same office. ix nur dul) to ask
32
33 ynu quesliuns regarding the circumstances surrounding the incidcm (hal uccu \1 a! alu-
Fn'ediane labeled at [017 RL 33. involving Timmh) liardcn on Sc J.
35 2015.
35
37 This sxalemem musl be voluntary mu: given of )cur own lice "ill and nccord.
33 any (hm-nu prnn-ixes, knowing that what )ou say my be used in Court uf Law.
39
40
4| (2 An: you willing to give a volumary at (his time?
:2
>13 A Yes
44
Prosecutor's File 0174
Filed 08/04/16 Page 76 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1213
Statement
Statement of
of Jeffrey
.leffrey Mahajan
Mahajan
Date:
2015
Date: September
Seplenrber 17,
l7 ,2()15
Page
Page 22
Q
What
What is
is your age?
age?
A
39.
39.
Q
What
What is
is your occupation?
occupation?
A
Musician/Teacher
Musicianffeacher
Q
What
is your formal
What is
formal education?
education?
A
BA
University. Masters
Morunouth University.
of Music.
Music
BA from
from Monmouth
fiom 'Berk-e-icy
Htelvy College
College of
Masters from
Q
Are
Alt you married?
nlarried?
A
Yes.
Yes.
Q
Can
and understand
rvrite antl
Can you
read, write
undg'stand the
the English
Language?
Ënglish Language?
.'¡rou read,
A
YCS.
Yes.
Q
attention to
Calling
your attention
locatcd at
at 1017
1017 Rt.
Calling your
Priediane located
occurred at
at the
the Priediane
Rt. 33,
1o the
the incident
incident that
that occurred
33,
tell
in
NJ
us
Harden
on
2015,
Freehold,
5,
please tell us in your own
.Fieehold, NJ involving
involving Timothy
own
Timothy Harden on September
Septenrber 5, 2015, please
1I
22
33
44
55
66
77
88
9I
10
l0
tII1
l2
t2
13
l3
14
t4
15
I5
16
r6
17
t'1
18
Itt
19
r9
22
!L
24
24
A
25
25
26
26
27
27
28
4., Ð
28
‘
29
29
30
:ì0
3t
3l
32
32
33
33
34
34
35
35
3(.I
/95
.ì(r
D
37
)t
")t\m
38
38
39
39
40
40 [I
41
4t
4,‘
.l^
3"
î
CN-\
à
14??‘
1*
.
.
{
44
14
fir/<4.t
bnkio
.
..
'
words
knowledge you have
words what
what knowledge
this incident.
incident.
have of
of this
23
23
4
3“
-]n
_h
had heard
II was
an incident
inappropliate. 1I lrad
was contacted
contacted about
about an
bein¿r inappropriate.
regarding Tim
Tim Harden
l{arden being
hcarcl at
incident regarding
33
few
him
because
route
had
that
member
staff
to
on
our
one, thal our stafï nrelllber had to pick hinr up
few things.
up o¡r route J3 because he
things. one,
hr' was
uls
he swung
barefoot or
down route
or shirtless
walking
heard he
walking or
or running
or both.
bolh. II heard
nrnning down
either barel'oot
shirtless or
srvunp at
routr' 33
33 either
ar
talk
handle
it
to
whoever
to
to
the
was
security
somebody
go
go
go
to
asked
go
talk
to
securily
handlc'
somebody and
und tl1<:n.1—£hinkI
whoever
il
was
to
rhu'
-tl¡ink I asked
situation.
I rh¡
thin ‘hristic Myer as the
text.
pltorte call
was either
either aa phone
call or
phone call.
call. Itlt was
o¡'text,
$l
the first
first phone
Then II called
He said
saíd he
Tint. He
called my
m brother Dave. II asked
what was
up with
with Tim.
he didn't
clidrr't
asked him
was up
hinr what
know and didn’t have anything to do with him today.
;
I
knowanddidn'tliavean¡hingtodowithhimtoday.
1I don’t
r¿e¡tl¡le-o*¡æññu,r..
else. but
or someone
lrut II asked
was with
with Dave
Dave or
sorreone else.
askt"d if
if'
don't remember
remenlber ifit
if it was
u_
call
should
the
9-1-l
or
we
-4-!-1431.4pa¡r¡{.
we should call 9-1-t or the cops.
cops. .1‘,qt-{h¿t
ll
u
\;it
it
Çollecrively.
after talking
involved after
to get security
was determined
talking toto aa numher
was
numher of ¡:cople .'
detenlined to
security involved
¿r
'
"
'
'
'
.
.
'
'
'
'
‘
'
-
.-
-
'
‘
.
_,
.
'
"
.
"TM
-i%MtF tjM
__‘Qollectively.
nfpeuple.)
r
~
-
cnntztgtcd
'l'iln
'l"hen_ I started
was corrtacled again
agairr that
way in.
in. II was
that Tim
staded on
On my way
on my way,.('nto
wayrinto Priediane.
Priediane. On
She
from
had it ti;c_sccurity tut-1rd.t‘l
call
that
think
was very
vct')' upset
phone call was
was lio m Clrrisrþ.Fhre was
irps('t
'l think that phone
and said
in
we had
am II couldfil
shaking and
said we
scarecl ánd
had to
IN her
to do
voice that
was shaking
and scared
clo
could
er voice
that she
she was
think
that
I
at
call
said
the
Tim
I
she
the
front
to
was
point
by
at
oops.
cops.
I
think
that
gate.
something.
something. Tim was up by the fiont gate. I said to call the
¡roint slrc
said
already called
saíd they
they already
called 9-1-1.
9-1-1.
C 1l'iS)L'.J
like going
and what
Once
goilrg through
wha( looked
looked like
throtrgh
arrivetl, II saw
lîantically and
Onoe II arrived,
saw the
tlre cops
cops yelling frantically
Tim.
I
this
for
another
saw
who
meaning
was
responsible
guy,
nteaning
Tirrr.
I
saw
people’s
people
guy,
anothcr
people's cars, asking
people
this
who was responsihle f.lr
asking
j ‘I-N
Prosecutor's
File 0175
175
Prosecutor's File
,¿"
Filed 08/04/16 Page 77 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1214
Statement
Statement ofJeffrey
of Jeffrey Mahajan
Mahaian
Date:
17, 2015
Datc: September
Septentber 17,
2Al 5
Page
Page 3:
1
.-I\’\«
I
I
2
I
,
4
5
6
I
Ir:t l 'C
I
IO
ll
12
jtnwas
l3
t4
l5
t6
l'7
I8
t9
2t'
i‘
22
At
potentiai
due to
to ata potential
heart attack
attack due
point, II was
died of
was under
that he
of aa heart
At that
under the
the assumption
he died
that point,
assutl'ìption that
It
assumed
was
he
the
dose.
said
attack
heart
was
over
that it
it
struggling. lt was å.csuulcd that
Sornebody said heart attack or
over dose. Somebody
or the way he was struggling.
and
Office
related. At
was
y'ou gtt¡'s
guys had
ltud
fhe Prosecutor’s
point, II had
to the
Prosecutor's Office and you
wr¡.s stress
stress related.
had talked
talked to
At that
tlrat point,
crowded
therc. You
You guys
was aa detective
detective there.
people. Maybe
with aa bunch
there was
crowded around
around me
Maybe there
nre with
bunch of
of people.
next
to
tent.
for
There
was
a
search
tent.
standing
warrant
to
a
were
my
to
next
looking
tent. II
were lookirrg for a warrant to search my tent. There was a cop standing
At
needed.
that
whatever
and
the
take
much
to
tent
point,
pretty much gave you guys consent
consent to take the tent and whatcver you neecled. At that point,
'fhe cop at
seemed
II walked
let me
nle in.
in. [tit seenled
wouldn't let
tent wouldn’t
walked into
at my tent
into the
the festival
festival to
take aa nap.
nap. The
to take
like
was going
going to
while. II went
be aa while.
wenl and
to be
and
going on.
know what
what was
on. It told
told him
hinl itit was
Iike he
he didn’t
didn't know
was going
had
I
but
sltow.
Griffin
with
a
other
in
I
meet
to
Security,
tent.
was
slept
slept in my other tent. I was supposed
supposed to rneet with Criffin Sccurity, but I harl a sliou'. II
I
would
do
it
I
said
found
Department during
Police Departnrent
during
to the
the Police
.said I would d'c it later.
wife had
had gone to
later. I found out
out that
that my
¡n.v wife
" "‘
..I
l'rn'¡r ¡-t]'brtrir¡*+r'r; ¡''.,1h-.
1. n'*lltr,l'o*'l¡,r¡:icC Lg-hesF i! I‘
and gave aa statement.
statement. 'Tr'u.
my
rtty show
show and
ns fo*çìb¡e, didn't rwuri'lli¡ ¡ te hKrw: ttEc¡litte I g tcas 'rrrçit¡E a l!ûtxl li'fle arrC C:d1"1 r"ari{hifi+"¡åer¡Fset
)
23
24
25
26
?7
28
"to
30
i0
3t
32
32
33
t3
.34
34
35
35
36
36
37
37
38
38
39
39
40
40
4l
4t
4?
'+.
44
41
. Kinda
,rlder cop.
Kinda had
had aa
cop. 1'trlracirbeft}.
r¡'as an
festival. He
arr older
cop send
a couple
couple cops into
He was
send a
into the
the festival.
tnissiott
like
looked
were
on
a
It
He
who‘s
thee. He was
they were on a rttission to
to in
you¡lger face.
younger
was like,
lind who's responsible.
responsible. lt looked like they
like, find
iv.
"+"1’t"I-it't'l
in them
responsible. I’m
gu¡'.-{
the guy.
['m the
rip
place apart.
I'rn responsible,
apart. So,
rip the
said, I’m
the place
went up to
thenr and
and II said,
So. II went
1*}ied '
me my
of cops came
FM -er¡+;*l¡¡"¡¡&AÐþ." And
my name
name and
asking me
and
up to
to me
me asking
came up
bunch of
And then.
then. aa bunch
there.
Tim
When
for
that
I
information.
I
several
said.
being
to
was
people, that I was responsible
responsible for Tim being there. When II
infbrmation. I said. to several people,
told
who was
was responsible
responsible
for who
search for
the search
call off
off the
enough cops,
likc they
they said.
said. ok.
ok, call
told enough
cops. itit seemed
seemed like
I
said
Tim.
if
asked
I
to
see
festival.
and
ofthe
for
Tim
the
back
maybe
out
I
said
nraybe
Tinl.
if he
see
lre
bring
10
lasked
cops
for'l'im and bring tlre
back out of the lbstival.
if
he
Tim
or
if
on
was
he
will
calm
The
down.
drugs
drugs
got
were
sees
me.
asking
drugs
sees me. he will calm down. Tlre cops were asking if Tim was on drugs ol if he
the
festival and
and ii$l¡ee was
at
was on
gone into
point. II had
had gone
into the
thc¡:¡. at
at that
that point.
angel dust.
dust. And
And then.
at the
on angel
the fcstival
and
said
there. faomc-one
were
festival
they 1¡rgt.
to see if arr{rnol'e cops were
mc and said thcy
lo me
canle up to
were in
in the¡e.
Somer.¡¡re came
festival to.sec
looked
I
When
wltere
to
over
where
had
tent
was.
to
tents
3l‘t('
over
u4lere
t
lookew:_).
Page
Page 5s
I
Q
2
3
4
q
A
6
II don’t
when II was
was there.
there.
moved when
there. Nobody
Nobody moved
was there.
anrbulances moved
since II was
don't think
think the
nroved since
the ambulances
see Timothy
At
you see
did you
Tinrotlty
the incident,
incident, did
point in
of the
you were
scene of
wcre at
the scene
in time
time while
while you
at the
At any point
ambulance?
outside
ofthe
Harden
Harden outside of the ambulance?
7
8
I
10
l0
ll
II
12
12
I3
¡3
14
I{
I5
l5
16
,6
17
t7
18
l8
19
t9
At
you hear
did you
hear anyone
anyone
incident, did
point in
you were
of the
the incident,
were at
the scene
scene of
in time
at the
At any
any point
time while
while you
request
the ambulances
ambulances to
to be
be moved?
rnoved?
request the
Not
day.
Not that
thal day.
After the
sollre form
had taken
takerr some
f.-.'-.7.7.
Detective
Detectirre Rosendo
Rosen
Monmouth
ce
Prosecutor' Jffice
County Prosecutor’
Monnrouth County
36
37
38
Prosecutor's
File
Prosecutor's File
b179
179
Case Document 63-1 Filed 08/04/16 Page 81 of 100 PagelD: 1218
STATEMENT OF,
ADDRESS TELEPHONE NO:
DATE 6'4 PLACE OF BIRTH.
SOCIAL SECURITY NUMBER:
AT:
QUESTIUNIED BY:
BY
TYPED BY:
DATF. 8: TIME:
John A. Bree, urn Ddeclive Daniel Haas of 111: Monmouth County l'rnsecumh OIfite
and pr>>;cm hare ls Detective Brian Weishml of the same amcc. ll is nur duly u: ask )'Lm
questions mgarding (he circumsmces surrounding the incidem [hm occurred at Illc
Priedianc {named a! 1017 Rt. 33. chhuld, NJ involving Timothy Harden on Sepxemlwr 5.
2015.
This smemem must be a volunlary one, giwn of your own free win and accurd. wilhuul
an) "rats or promises, knowing 111m wha! you say may he used in 21 Conn on",
John A. Bree
.an Mawr, PA 19010
New York
Munmoufll Cuunly Prosecutor's 011in
13: Jrracyvill: in tune
Freehold, New Jams; 07728
DeIccm'e Daniel Bum
Monmouth Conn!) Proacculor's Orifice
Dueclhe Brian Weisbml
Coumy Pmseculor's orna-
Autumn Tymesku
Monmuulh County Prusecmor's omce
Scplember 17, 2015 9:47 a.m.
Are you wilhng to give a voluntary smlemcnl m: lime?
Yen.
EXHIBIT
fig:
A
Prosecutorfilzm 0180
Filed 08/04/16 Page 82 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1219
Statement
of John
.lohn A.
A. Bree
Bree
Statenrent of
2015
Date:
17,
September
Date: September I 7,2015
\oex~u.gt,_N
Page
Page 2z
What
What is
is your age‘?
age?
¡
')
27.
27.
3
4
What
is your occupation?
occupation?
What is
5
ó
"*-‘4._\IO'U~J—u:No
8
9
Q
education?
What
What is
is your formal
formal education?
Q‘
Arts. in
Graduate from
College
fionl U
tl Arts
in Philadelphia.
Philade lnhia.
College Craduate
‘=
A
t3
N
W
vi.‘
tul.
\)/Lvl
{L.
tf^'
th
"f
'o'
married?
Are
Arc you ¡narrierJ?
l0
ll
t2
l3
l4
l5
t6
l7
I8
l8
l9
?f
1.,
23
24
25
2(t
11
28
)a
30
3t
32
33
34.
35
36
37
38
39
4A
4l
.t?
(,*.þ;'/)=‘-7;") J
/,
',/
'/
w0'i£
u
,-u. L i\»\
¡U. *¿
¡. \," d
Iplay
years, _"-' r-.\'>
10 or
or 11
I 1 years,
I play music
music for
for about
about l0
7
"&—
(C
./'
~
4
_
'
'1
I
No.
No,
0-
and understand
Can
Language?
write and
the English
English Language?
understand the
Can you read,
read, write
Yes.
Yes.
incident that
at 1017
l0l7 Rt.
Iocatccl at
ll1. 33,
33,
Calling
Priediane located
at the
the Priediane
occurred at
that occurred
Calling your attention
attention to
to the
the incident
in
tell
us
Freehold,
please tell us in your own
owu
5, 2015,
2015, please
on September
Septenrber 5,
Timothy Harden
Harden on
NJ involving
involving Timothy
Freehold. NJ
words
incident.
words what
have of
this incident.
what knowledge
knowledge you have
of this
about 10:45
II showed
set was
was scheduled
schedtrlecl
Saturday, September
Our set
5'l'. Our
September 5"‘.
there at
on Saturday,
showed up there
at about
l0:45 a.m.
a.m. on
at
would
as
for
ll:45 or
or so
probably, starting
startirrg at 11:45
so as
say probably,
stage, II would say
And II was
was on
on the
the stage,
for 12:00
12:00 noon.
noon, And
seemed
He
He
the
around
Tim
I
first
when
That
well.
happy.
saw
grounds.
was
seenred
grounds.
happy.
walking
He
He
the
walking
around
well. That was when I firsl saw Tim
our set
and Tim
was
Tinl was
set started
started and
was up
then our
So then
talking to
to others
others as
as well.
well. So
tatking to
himself. talking
was talking
t—A©ox‘“kU,_
I
)
J
4
5
6
7
"“-‘4
8
9
l0
l1
l2
I3
N)»-_.,‘DO:
l4
t5
l6
t7
l8
l9
20
;
a')
23
24
l5
26
27
28
29
30
3I
32
33
34
35
36
37
38
39
40
Statement
of John A.
A. Bree
Statement oflohn
Bree
Date:
I 7. 2015
2015
Date: September
Sepfember 17,
Page
Page.t4
after
having no
no fun.
lun. He
like, having
He
to just like,
fun to
frotn having
having fun
wenl from
is when
when his
his mood
nioocl went
spoke, is
afìer he
he spoke,
it
and
awkward
was
a
It
was awkward and it was a little
know and
looked
little bit
bit
you know
mumbling. It was
and started
started mumbling.
looked sad,
sad, you
off
but
to
tell
would
and
he’s
get
we
because
get
people
stage
to
off
so
people
but
stage
typically
tell
huge
would
intimidating
we
typically
intimidating because he's so huge and
Had he
because
speaking. II would
would have
have said
said calmly
just let
calnrly
on speaking.
kept on
he kept
let him
hir¡ talk.
talk. Had
because of
his size,
size, we
we just
of his
who
is
in that
off.
need
to
Somebody
it’s
it’s
to him,
that
get off. Somebody who is in
something like,
set, you need to get
like, it's cool,
cool, it's our
our set,
him, something
to
state,
to confront.
confront.
they are
are not
not someone
someone you should
should try to
state, they
witness any
guards interacting
interacting with
with
security guards
you witness
atry security
During
parkíng lot,
lot, did
did you
During the
incident in
in the
the parking
the incident
Tim?
T'im?
II saw
was cleaning
and he
he was
cleaning
¡he tents
tents and
and the
guard standing
the drive
drive way and
standing in
between the
in between
saw the
the one
one guard
with
Tim.
didn‘t
I
interacting
his
left
side.
blood
of
off
But.
see
guards intl'râcting with Tim.
securily guards
blood of off his left side. But. I didn't see any security
and/or EMTS
EMTs say
you hear
Ollìccrs and/or
sa¡'
the Police
Police Oflicers
During
hear the
parking lot.
did you
incident in
the parking
lot. did
During the
the incident
in the
anything‘?
anything?
II can't
can’t say that
thc EMTS
[MTs were
wcre trying
artd the
trying
but the
the cops and
conversatio¡l but
that II can
can recall
recall their
theír exact
exact conversation
much
It
all
about
was
the
Tim
the
easiest
in
tind
to
to
basically.
pretty
ambulance,
pletty
nrttch
It
was
all
ahout
basically.
get
ambulance,
to tind the easiest way to
Tim in the
and
the
Tim
to
the
them
into
to
hospital.
ambulance
thcrn trying
trying fo get Tim into the a¡nbulance and to the hospital.
At
place Tint
Tinr in
in aa choke
choke hold
hold
Officcrs place
Police Officers
point during
during the
incident, did
did you see
see any Police
At any point
the incident,
airway?
or
restrict his
his airway?
or restrict
No.
norntally do
do to
would normally
to hold
hold
stuff they
they would
doing the
the same
sanre stuff
seemed like
like the
the cops
cops were
were doing
No. itIt seemed
someone
someone down.
down.
At
f inr?
point during
striking Tim?
Officers striking
witness any Police
Police Officers
At any
an1,'point
the incident.
incídent. did
did you witness
during the
No.
saw them
get(ing free.
free. It
It seemed
from getting
seemed
him from
to keep
keep him
trying to
No. Ijust
I just saw
them holding
holding Tim
Tim down,
down, trying
Tim
that
knew
not
sure
I’m
that
I
like
far
Tim
and
like,
was
on
exactly
so
knew
that
Tim
drugs,
sure
guess
not
exactly
that like, I'm
like Tim was so far gone and on drugs, I
where
he
what
was.
was happening
what was
luppening or
or where he was.
strike any
At
guards or
security guards
includíng security
individuals, including
or
point. did
you observe
any individuals,
observe Tim
A{ any
any point.
did you
Tim strike
Police
Officers?
Police Officers?
No.
No.
or Police
Did
at any
guards or
Police Officers?
Officers?
security guards
including security
individuals, including
Tim spit
any individuals,
Did you observe
observe Tim
spit at
No.
see a
blood.
guard aflerwards
covered in
in blood.
afterwards covered
a security
security guard
No. But
Birt II did
did see
41
4?.
J
/5
_/i
Pro'se6Jtor's
183
Prciseóutor's File
File 0183
Filed 08/04/16 Page 85 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1222
\)°"§”‘O'IchU-.l:wt~
Statement
A. Bree
Bree
of John A.
Statement ofJohn
2015
Date:
17,
Date: September
Septernber 17, 2015
Page
Page 5-i
while they
interacting with
were interacting
with
Did
they were
utilize any weapons while
Police Officers
Officers utilize
observe any Police
Did you observe
Tim?
Tim?
I
7
3
A
No.
No.
a
describe the
incident?
the incident?
How
during the
Of'ficers during
of the Police Officers
demeanor ofthePolice
the demeanor
would you describe
How would
A
gelting up off
from getting
Tim from
The
ofï'
to keep
keep Tim
trying to
were trying
They were
were calm
lìrm. They
calnl but
but fimi.
Police Officers
Officers were
The Police
4
5
6
7
I
9
t0
¡l
a
l?.
'u._,
13
14
l5
t6
l7
t8
¡9
?(\
22
'r')
23
23
24
24
25
1<
A
>o
35
35
36
36
37
37
38
38
39
39
40
40
4]
4t
4?
4?
how the
rvith Tim
Tinr during
during the
the
Please
interacted with
Officers interacted
the Police
Police Officers
of how
observations of
Please describe
describe your observations
incident?
incident?
his torso
were on
on his
torso and
and
Tim
Officers were
Police Officers
The Police
his stomach.
ground, on
stonraclr. The
on his
laying on
olr the
the ground.
T'inr was
was laying
it
looked
that
like
the
could
I
see
I
where
From
was.
I
looked
could
where
it
like
from
his
that
thc
see.
sec
I
could
I
was.
*'here
legs
Fronr
where
I
could
see.
his legs from
down.
him
Officers
Police
were
holding
Police Officers were holdi¡rg him down.
a
the ground?
ground?
get off
What
ofl'the
to get
was able
able to
if Tim
Tirn was
have happened
happened if
think would
would have
What do
do you think
A
got in
wlro got
in his
his way.
II think
anybody who
probably hurt
hurt anybody
and probably
off and
and ran
ran and
would have
have took
took off
think that
that he
lle would
Qr
Offìcers?
Can
the Police
Police Officers?
of the
the presence of
please describe
behavior in the
Tinr's behaviorin
describe Tin1’s
Can you please
A
26
26
27
27
28
28
29
29
30
30
31
3t
32
32
33
33
34
34
the
ground.
the ground.
seemed like
he had
llad no
like he
no idea
idea
Tim
And itit seenred
help. And
fbr help.
hollering for
He kept
kept hollering
was out
of control.
control. He
Ti¡n was
out of
I
could
see
Tim
moving.
how
was
of
much
actually
couldn’t
I
c<¡uld
I
too
see the
the
where
was. I couldn't see
see too much of how Tim was actually nroving,
where he
he was.
it’s
calm
down,
ok,
stop
Police Officers
down, calm down, it's ok, stop
stay down,
saying, stay
again, saying,
over again,
and over
tike, over
over and
Police
OffÌcers like,
moving.
would not
not listen.
lislen,
moving. Tim
Tim would
witnessed the
describe where
the incident
incidcnt in
in the
the
Can
you witnessed
when you
standing when
were standing
please describe
where you were
Can you please
parking
parking lot?
lot?
.
l
AI
Q,
Aj
and Tim
Tim had
the cops and
II was
that the
had
would say that
and II would
Corvette and
dad's Corvette
back of
of my dad’s
at the
the back
was standing
standing at
The
Corvette
Corvette.
of
the
was
front
the
from
feet
al
to
to 77 feel from the fronl of the Corvette. The Corvette was at
than maybe,
maybe, 55 to
to be
be no
no more
more than
of
first
cars.
the
row
in
route
33,
the
of
cars.
and
lot
was
row
front
car
the
first
facing
in
the
33,
route
facing
parking
was
gate
parking
car
gate
lot
and
the
the front
Was
way?
ín any way?
obstructed in
view of
of this
this incident
incident obstructed
Was your view
could see
see the
the Police
Police
II was
partially obstructed.
ohstructed' II could
was partially
car, so
nly view
view was
so my
was looking
over the
the car,
looking over
Tim’s
head
here
could
I
see
Tim.
Tinr's
The
Tim.
see
was
blocking
head
here
knees
car
their
I
could
Officers
Tim.
over
on
Officers on their knees over Tim. The car was blocking
couldn’t
I
Tim’s
But
see
Police.
the
resist
to
couldn't
see
down
he
and
But
I
Tim's
was
and
Íying to resist the Police.
as he was trying
t¡ere, up
up and down as
and there,
whole
whole body.
body.
44
44
,.,.JL
Prosecutor's
Prosecútor's File
File
184
84
Filed 08/04/16 Page 86 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1223
Statement
A, Bree
Bree
Slate¡ne¡lt oflohn
of John A.
Date: September
Date:
Septenrber 17,2015
17, 2015
l\)._©ox]°U‘hL”tQ'
Page
Page ó6
Did
incident location?
at the
the incident
iocalion?
persorurel and/or
arrive at
medical personnel
and/or ambulances
ambulances arrive
Did you observe
observe any medical
I
2
II saw
saw what
Tinr, along
over Tim,
along side
side the
standi¡lg over
the
what was
I{e was
was standing
was either
either an
an EMT
EMT or
or aa Paramedic.
Paramedic. He
2
with
showed
EMTs
ambulance
the
And
time
actual
there.
up with 2 EMTs or
cops
then, short
after, the actual ambulance showed up
or
cops there. And then,
shoñ tinre after,
Paramedics,
I'm not
Paranredics. I’m
not sure.
sure.
J
4
5
6
How
How many
many ambulances
ambulances did
did you
8
*‘:lh—
l0
When
parked?
$¡hen the
where it
it parked?
amhulance arrived
recall where
the ambulance
anived on
on scene, do
do you recall
lt
f\)—-,_.:>oe1u;
the incident
at
locatiun?
at the
incident location?
II believe
that II only
bclieve that
only saw
saw 1.
I.
9
l2
t3la.)
The
parked right
trccs, and
attcl parked
the trees,
pulled in.
hctweeÍì the
right
in, in
in between
The ambulance
anrbulance came
carne in
in the
rhe driveway
antl it
it pulled
driveway and
Tim.
to
had
behind
where
the
second
close
to
access
tent.
behind the sccond tent. close enough
enough to where they
they had easy access to'l'inr.
t4
t5
see
see
t7
At
pcrsonnel to
nledical personnel
instruct medical
point in
hear anyone instruct
to
in time
incident, did
did you hear
At any point
tine during
during the
the incident,
the
ambulance?
relocate
relocate the ambulance?
l8
t9
No.
Not that
that II can
can remember.
renrentber.
No. Not
16
2A
()1
Q
22
23
At
bcirrg injured
you hear
of being
iniured in
poínt during
in any
during the
Tim complaining
conrplaining of
At any
any point
incident, did
did you
hcar Tim
the incident,
way?
way?
No.
No.
2.4
?5
2b
Q
video record
Did
the incident?
incident?
record the
photograph and/or
observe any individuals
individuals either
either photograph
and/or video
Did you observe
11
l8
29
30
3I
'17
33
34
35
3()
37
38
39
No.
No.
Is
tirne?
your statement
at this
this time?
there anything
Is there
would like
like to
add to
statentent at
anything you would
to add
to your
shame that
lt’s
opinion, it’sjusI
it's jttst aa sltanlc
rny opinion.
Frorn my
tlr¿rt
to handle
state. From
ff 's hard
hard to
handle someone
who is
is in
in that
that state.
someone who
what
to
him.
I’ve
bunch
of
seen
Tim
this
and
to
happens
on
a
people
Tírr, was, on a bunch of drugs
drugs and this happened
happened to him. I've seen what happens to people
calm
'in’ai1”.7fltered state.
seen people
attempts to
t;ometimes attempts
to calnl
and sometimes
people in
before and
in this
this state
state before
state, I’ve
I've seen
them
know, really.
really.
are futile,
futile. so tell: res not.
You just never
never know,
them are
not. You
'(x\‘l\=x\\"3
‘ )3.‘ t,,hoI)
/
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4.1
in
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.
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Prosecutor‘
Prosecuto s
e
0 185
85
Filed 08/04/16 Page 87 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1224
Statement
A. Bree
Bree
John A.
of John
Siarement of
2015
Date:
17,
Date: September
Septernber 17, 201 5
Page
Page 77
Is
time?
this time?
at this
yottr statement
statement at
add to
to your
to add
would like
like to
else you would
there anything
Is there
anything else
I
2
t
A
No.
No.
4
5
6
7
I
"‘:“
2015 11:14
a.m
TYPINGCONCLUDED
i l:14 a.m.
17,2015
September 17,
TIME: September
DATE AND TIME:
TYPING CONCLUDED - DATEAND
—
9
l0
'~3—-vpAo_a.,'2~omqQ
il
l2
STATEMENTREVIEW
SICNATI¡RE
AND SIGNATURE
STATFMËNT REVIËW AND
t4
inclttding any
II have
read this
att¡'
rtry initials
initials including
bears my
pages: each
each page bears
consisting of
of' 77 pages;
have read
this statement
statement consisting
contained
herein
facts
the
that
and
I
corrections
are
certify that the facts contairted herein are
owr handwriting:
handwliting: and I certify
initialed in
in my own
cçrrections initialed
l5
true.
true.
t3
t6
17
t8
l9
DATE
AND TIME:
TIME:
DATE AND
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-7
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">
.
.7;æ-
Dz§fi~lTBozza
Detective
Detective
Bozza
Prosecutor's
Monmouth
County
Office
County
Prosecutor's Office
Monmouth
,\
ii/jag
*ttt
l.—)1:tcciivc Brian
Weisbrot
Brian Weisbrot
Monmouth
Offi ce
Proseculor's Office
County Prosecutor's
Mo¡rmouth County
36
37
38
Prosecutor's
Prosecutor's File
File 0186
186
Case Document 63-1 Filed 08/04/16 Page 88 of 100 PagelD: 1225
mammawnSTATEMENT OF: Andrew J. Nen
ADDRESS TELEPHONE N0: --
Lakehutsl, NJ 03733
DATE 5; PLACE OF BIRTH:
Jackson, NJ
SOCIAL SECURITY NUMBER:
TAKEN AT: Lakchurst Palioe Department
530 Union Avenue
Lakehuust, NJ
QUESTIONED BY: Detective Blian Weisbrot
Monmouth County Pmsecu'm's Office
WITNESSED BY: Deleeuve Roscndo Perez
Monmoulh Coumy Pmseculor's Office
TYPED BY: Incquclmc 1: ya"
Monmonrn ('ounty Prosecular's Office
DATE TIME: Tuesday, Seplembel s, 2015; 6:13 PM
Andrew J. Nari, 1 am Detective Brim Weisbrol of die Monmouth County
Pmseculor's 01110: and presenl here is Detective Rosa-Ado Perez of the same
nmuc. It is our duty to ask you questions rcgurding the circumstanoes
surmunding the incident HIM murmd El Priediunc located at 1017 Rt. 33,
Freehold, NJ 1nvolv1ng 'l'imolhy Harden on September 5, 2015'
van cf your own free will and accord,
This must be a voluntary unc, gi
that you say may be used in
withoul any llmcals or promises, knowing
Courl of Law.
Are you willing u: give a valumary slalcmen! a! this time?
Yes.
EXHIBIT
_23_
Prosecutors File 0187
Filed 08/04/16 Page 89 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1226
“”"°‘~IO\ua4:.>z,
1
L
3
Statement
Neri
J. Neri
of Andrew
Andrew J.
Statement of
2
Page
Page2
a
A.
4
5
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6
7
a.
A.
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A.
a.
23
24
25
26
27
28
29
30
31
32
35
34
35
36
37
38
39
40
4r
42
43
r4
45
A.
What
your age?
age?
What is
is your
33
33
What
occupation?
What is
is your occupation?
car detailing.
Toms River,
detailing.
Securities; Central
River, car
Auto in
in Toms
Security
Central Auto
At Griffin
Griffrn Securities;
Security At
What
education?
is your formal
formal education?
What is
High
Graduate
School Graduate
High School
Are
ma¡ried?
Are you married?
No
No
Can
Language?
the English
English Language?
and understand
understand the
read, write
write and
Can you read,
Yes.
Yes.
at the
located at
at
the Priediane
Priediane located
occurred at
that occurred
Calling
incident that
the incident
to the
attention to
Calling your attention
2015.
Can
5,
Harden
on
September
Can
5,2015'
1017
Timothy Harden on September
involving Timothy
NJ involving
nt. 33,
¡¡, Freehold,
Freehold, NJ
1017 Rt.
have of
what
incident?
words
this incident?
in
of this
own
us
knowledge you have
what knowledge
own
words
your
you please
please tell
us
in
tell
Souper Groove
Groove
at the
the Souper
regular day
day at
II work
aregular
having a
were having
we were
Security, we
work for
for Grifiin
Crifün Security,
make
to
vehicles
sure
is
which
searching
to
make
sure
Howell. II was
Festival
my job which is searching vehicles
doing myjob
wai doing
in Howell.
Festival in
and
came
someone
We
called,
told
thatthere
were callsd' someone carne and told
drugs. We were
glass bottles
or drugs.
bottles or
were no
no glass
that there were
and
of
disturbance
one
a
and
making
one
of
a
little,
that
disturbance
there
a
was
that
acting
was
makíng
up
us
a
little,
q
us that lhere was Ely
epy that was acting
behind
following
were
out
we
just
so
the
man
behind
following
ther
were
workers
wc
was
the
escorting
t¡e workers there#was escorting the mar¡ out so
approached the
ticket booth
the ticket
out of hand
didn’t get
him making
we approached
as we
and as
get outof
hand and
he didn't
su¡e he
making sure
him
Foü
because
and
vehicles
the
they
again and because they
in
to searching
searching the vehicles again
back to
had gone back
sectiãrU II had
in the
the section,
was
an eye on
as II was
him and
and as
just keep
keep an
on him
were
to just
had to
still, II had
him out
õut still,
escorting him
were escorting
other security
the guy
guard wrestling
wrestling the
vehicles II saw
security guard
the other
searching
Brandon, the
saw Brandon,
the-vehicles
searching the
he
was
to
over
and
ran
help.and
was
he
what
to
doing and ran over to helpgnd
ground so
wps doing
stopped whatJ wws
so II stopped
to the
the grõund
arm and
the guy's
II grabbed
guy's right
rightarm
and
down
him
grabbcd the
to
keep
trying
tryingîo keep him ¿own #
wrist
his
and
right
his
grabbed
his
rigtt-wrist
grabbed
knee
bicep
on
and
right
back
it
and
bicep
his
right
placed
pulled
pútt"ã it back andplaced my knee on
to fight.
He
fight. He
continued-to
ac.frrally continued
and
ancl he
he actually
ground and
the ground
to the
ttanat to
*y 2Z hands
it with
with my
held it
and held
Brandon
was
and
down
his
arm
was
to
Brandon
best
keep his arm down and
was
did my bestto keep
to II did
*d so
lifting me
*" and
was lifting
him down
other
his
until the
the Police
Police
arm and
down until
down
his
on
keep him
him,
and keep
otherarm
his
weight
him,
putting
putting his weight down on
and
to
continued
he
fight
him
and
fight
down,
to
to
continued
While
he
keep
arrived.
we
were
him
down,
trying
arrived. Whileïe were trying to keep
he might’ve
bit his
his
might've bit
like he
mouth like
his mouth
fro- his
struggled
bleeding from
was bleeding
free, he
he was
to get free,
sûuggled to
that
he
At
blood
us.
point
on
his
point
and
he
that
At
at
wipe his blood on usus and wipe
to spit
spit at us
tongue
kept trying
ürying to
and he
hã kept
tonfrie and
and
he
down
it
and
kept
his
of
better grip
kept it down and he kept
a better
tried
arm and kept
grip of his arm
got ä
so ÍI got
again so
ti¡ing me
me again
triø lifting
couldn’t
hold
to
able
were
it
down
we
there. II couldn't
it there.
I
to
hold it
resist
but
able
to
were
as
we
got
finally
got
it
down
trying
trying to resist Uù as f finally
I
positioned, I was
was
was positioned,
body was
wây my body
the way"
see
of the
point because
because of
by that
that point
face by
hir face
*" his
'
Prosecutor'
s”‘é‘1
Prosecutor'r*l"J
e
C 188
1 88
Filed 08/04/16 Page 90 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1227
Statement
of Andrew
Statement of
Andrew J.
J. Neri
Neri
Page
Page 33
'~/1#L3I\)u—I
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23
a.
How
employed with
Griffin Security?
Security?
with Griffin
How long
long have
have you been
been employed
A.
A
little over
A little
over22 years.
a.
What
Security?
job title
yourjob
grflin Security?
is your
Wl¡at is
title with
with griffin
A.
Security.
Security.
a.
Do
other than with
field otherthanwith
the Security
Security field
in the
experience working
working in
Do you have
have any other
other experience
Griffin
Security?
Criffin Securíty?
A.
No.
No.
a.
Griffin Securities
Please
of this
this
the night
night of
on the
Securities on
yoru responsibilities
with Griffin
describe your
responsibilities with
Please describe
24
25
26
27
28
29
30
3I
32
5)
34
35
36
37
A.
38
39
40
4t
.5,
4,4
incident.
incident.
AJJ
A¡/
subs 1 vs gln.ss
for any ille.gal
(_I,l:tss lmttlt-..«;,
illx.-mil srrhs¡4r¿¡¡5
hottles,
My
cn¡s for
to search
search cars
responsibilities was
was just to
My responsibilities
ould
haw.-.
then
ant
us
now
bci
an be.i.rg a
presence, every
checking
every noqg{d thenlåF?ould have us
a presence,
chccking rvristbatcls and
it
floating.
ould sec
security irrr*,ffi"all it floating.
jus so
walking
sce securÍry
walking around
arouua¡,.ÈtsoGtffiulä
Wl"lSl )all($
1'3‘;
tl1crc,%call
A
_
a.
What
Saturday
on Saturday
to work
work on
assigned to
were assigned
the name
name of
facility that
that you were
is the
of the
What is
the facility
5, 2015?
September
September 5,2015?
A.
The Latvian
Society in
in Howell,
Howell, NJ.
NJ.
Latvian Society
The
42
43
facing
who had
had come
come
see who
down. II didn’t
didn't see
was holding
facing away
away from
from him
him as
as II was
holding his
his arm
arm down.
his
hold
tried
to
and
he
it
but
of
another
legs
our
was
one
down
guards and he tried to hold his legs down
up but it was another one of ou¡ security
security guards
calm him
and
that
who
seemed
down
to calm
him down
tried to
point, somebody
him, tried
at that point,
know him,
and at
to know
somebody who seemed to
and
him down
down aa
to help
us hold
hold him
grabbed the
help us
and tried
tried to
guys other
actually grabbed
the guys
other leg
leg and
and he
he actually
continued
to
to
still
he
and
held
him
down
little
that
At
struggle
we
more.
struggle
to
to
point
little more. At that point we held him down and he still continued
there
came
over
the
until
the
arrived.
When
they
got there they came over
get
get up until the police
police finally
police arrived. When the police
finally got
and
him and
one at
a time get
amt until
right arm
until they
they
helped us
his right
get off
held onto
onto his
and II just held
and helped
offhim
us one
atatime
the
When
handcufi"
the
able
his
back
and
behind
on.
to
they
got
were
got
the
get
they
get
get
get
When
handcuffon.
able
the
to
behind his back and
were
handcuff
on his
get his
to get
were able
able to
his left
left
got up and
the other
officers were
other otficers
handcuffon
right wrist,
wrist, II got
and the
his right
stomach
to
his
him
onto
rolled
behind
The
officers
him.
over
arm behind him. The police
get the
the
police officers rolled him over onto his stomach to get
arm
officers rolled
left
put the
they put
the
him afier
after they
rolled him
police officers
left handcuff
handcuff on
believe the
the police
on him.
him. II believe
tie
II
withthe
handcuff
officer
I
another
zip
things,
plastic
on.
saw
plastic
things,
zìptie
approach
right
ttre
with
approach
right handcuffon. I saw another of;Frcer
back
walked
and
had
I
them
didn’t
did
because
with
what
see
back
gotten up and walked
didn't see what they
they did with them because I had gotten
towards
an ambulance
with the
the
a¡rived with
had arrived
ambulance had
Afrer that,
First Aid,
Aid, an
towards the
the cars.
cars. Afler
that, the
the First
have
didn’t
asked
injuries and
and asked
police
police and
we didn't have any injuries
looked over
to make
make sure
sure we
and they
they looked
over us
us to
the
officers
of
One
the
tired
from
if
I
and
OK
were
struggle.
we
was
just
the
fine,
officers
One
of
just
if we were OK and I was fine,
tired from the struggle.
asked what
that II told
told
thing that
spoke to
the same
same thing
told him
him the
to me
me and
what happened
happened and
and II told
spoke
and asked
what
I
didn’t
and
the
see
Afler
back
I
cars
to
else
you. After that,
that, I went
searching the ca¡s and I didn't see what else
you.
went back to searching
happened.
happened.
45
ñ
Prosecutor's
189
File 0189
Prosecu tor's File
Filed 08/04/16 Page 91 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1228
°“\lOU1-J>u.:tQ_
Statement
Statement of
of Andrew
And¡ew J.
J. Neri
Neri
Page
Page 44
a.
?A.
>r.O
I
",
3
a.
Have you received
to disruptive
disruptive
relating to
Security relating
frorn Griffin
Griffin Security
training from
received any training
Have
of
events?
these
individuals
at
t¡.pes of events?
individuals at these types
7
A.
'We were told to escort
of the
or off
premises and
and if
if they
they
We
the premises
offof
out or
individuals out
disruptive individuals
were told to escort disruptive
sense.
common
and
to
the
call
use
make
to
to
sense.
sure
police
cortmon
violent,
get
get violent, to make sure to call the police and to use
>l0
—l
a.
Does
assist you in
in
to assist
protective equipment
equipment to
provide you with
with any protective
Security provide
Does Grifiin
Griffin Security
duties?
your duties?
your
A.
No
all.
nothing at
at all.
No nothing
a.
A.
employee?
Are
a security
security employee?
as a
clearly identiS you as
uniforms that
that clearlyidentify
issued any uniforms
Are you issued
H-5#U~>'oJlaW3wu.)lo;ym_gL”nqokqsexiNm-:Aq.°$\]a;) /.°>0E
4
5
6
I
I
l1
t2
t3
14
l5
t6
._
17
l8
t9
2A
2l
at the
the
Were
t-shirts at
Secwity t-shirts
personnel wearing
Griffin Security
wearing Griffin
the other
other security
secu¡ity personnel
and the
Were you and
incident?
time
time of
of the
the incident?
A.
Yes
t-shirts.
Grifnn t-shirts.
we were
were all
all wearing
wcaring Griffin
Yes we
a.
how many
at the
the Latvian
Latvian
Do
working at
were working
employees were
Security employees
many Griflin
Grifün Security
know how
Do you know
2015?
on
5,
September
Society
Septemb
er
5,
2015?
on
Society
A.
started getting
showed up when
getting busier.
It
busier.
we started
when we
2 others
others showed
then 2
and II and
and then
It was
was Brandon
Brandon and
all
4
of us
II believe
together.
were 4 of
us all together.
believe there
there were
a.
'Whatwere
names?
What
were the
tåe names?
A.
last names.
narnes.
II believeit
their last
know their
don't know
myself. II don’t
and myself.
Brandon and
Dave, Brian,
Brizur, Brandon
was Dave,
believe it was
a.
at this
this event?
event?
Were
services at
providing security
security services
companies providing
other security
security companies
there any other
Were there
A.
No.
No.
a.
Society making
making
How
Latvian Society
at the
the Latvian
was an
an individual
individual at
that there was
were you notified
notified thatthere
I{ow were
disturbance?
a
a disturba¡rce?
A.
Griffin Security
Security
II was
not aa Griffin
lhere, not
workers there,
the festival
festival workers
by one
one of
of the
was notified
notified by
Ian.
his
I
think
was
name
employee. I think his name was lan.
employee.
24
25
26
27
28
29
30
3l
32
3J
34
36
37
38
39
40
41
-B4531fib-lt\3
42
43
and big
big
Yes
front and
or yellow
on the
the front
Security on
yellow t-shirts
Griffin Security
that say Griffin
red or
t-shirts that
we have
have red
Yes we
back.
the
letters
on
on
the
back.
Ietters “Security”
"Security"
a.
22
23
35
'What event was taking place
2015?
What
5,2415?
on September
Septembet 5,
Society on
at the
the Latvian
Latvian Society
event was taking place at
Souper
F'estival.
Groove Music
Music Festival.
Souper Groove
44
Prosecutor's
r's File
File ( 1190
190
Filed 08/04/16 Page 92 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1229
Statement
J. Neri
Neri
Andrew J.
Statement of
of Andrew
Page
Page 5s
“°\UIALnw_.
oxu-.>wq_“é’\"3§fi'5,jl;7asr8$
a
individual
Where were
an individual
that there was
was an
informed thatthere
were informed
located when
when you were
were you located
Where
disturbance?
creating
creating aa disturbance?
A.
II was
set up.
tent set
ofüce tent
the box
box ofiice
have the
where they
they have
entrance, where
at the
the front
front entrance,
was at
a.
How
disturbance?
a disturbance?
creating a
was creating
somebody was
informed that
that somebody
How were
were you informed
A.
One
was an
an
there was
golf cart
said that
that there
and said
cart and
on aa golf
came up on
workers came
of the
the festival
festival workers
One of
he
out.
that
make
to
sure
wanted
and
got
disturbance
out.
individual
he
a
that
they wanted to rnake sure
creating a disturbance and they
individual creating
a.
creating
Who
an individual
individual creating
was an
there was
that there
informed that
were informed
was with
when you were
lVho was
with you when
disturbance?
a
a disturbance?
I
I
3
4
°¢\}O'.nAt,)_
5
6
7
8
I
t0
lt
t2
t3
l4
A.
l5
t6
t'l
l8
t9
20
2t'_'
-¿2
23
24
25
26
a.
the individual
individual
Who
with the
contact with
to make
make contact
employee to
Security employee
Griffin Security
was the
first Griffin
Who was
the first
who
disturbance?
the disturbance?
who was
was creating
creating the
A.
Brandon
one.
the first
first one.
Brandon was
was the
a.
Do
distu¡bance?
the disturbance?
creating the
who was
was creating
the individual
individual who
Do you know
know the
A.
No.
No.
a.
the
creating the
Did
individual creating
the individual
with the
contact with
had any contact
meet or
or have
have you had
Did you ever
ever meet
occasions?
disturbance
on
prior
prior
any
occasions?
disturbance on
A.
No.
No.
a.
Please
dishrbance.
the disturbance.
creating the
who was
was creating
the individual
individual who
describe the
Please describe
GPO?
27
28
UJul.:)13
29
30
3l
32
33
A.
34
4=w~53“£:’&‘,
35
36
37
when you
when when
doing when
What
the disturbance
distrnbance doing
was creating
creating the
that was
was the
the individual
individual that
What was
were
him?
about him?
were notified
notified about
A.
Festival employee,
who the
tJre
escorted out
know who
He
don't know
employee, II don’t
by aa Festival
out by
was being
He was
being escorted
3E
4t
-5P
was at
6”2. He
was built
at least
least
he was
White
would say he
so II would
built so
He was
6"1,6"2.
probably like
like 6”1,
White male,
male, probably
shoes
shirt
or
had
no
He
hair.
shorter
on and
250 lbs. Dirty
and
probably
Blonde shorter hair. He had no shirt or shoes on
Dirty Blonde
probably 200,
200,2501bs.
shorts.
blue
he
II believe
was
wearing
shorts.
believe he was wearing blue
a,
39
40
another security
Brandon.
don't
Griffin' II don’t
of Griffin.
employee of
security employee
is another
Brandon is
Brandon. Brandon
last
Brandon’s
know
name.
last
name.
know Brandon's
Just me and
. Just me and
employee
was.
employee was.
42
43
44
Prosectkais
P
File
File 0191
191
Filed 08/04/16 Page 93 of 100 PageID:
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1230
J. Neri
of Andrew
Statement
Neri
Andrew J.
Siatement of
Page
Page 6a
II
2LI
35
44
55
66
77
88
99
10
10
ll
11
12
12
13
l3
14
l4
I5
r5
16
t6
17
t7
18
t8
19
l9
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22
23
23
24
24
25
25
26
26
27
27
28
28
29
29
30
30
31
3l
32
32
33
33
Q.
a.
A.
A.
a.
A.
A.
that you
time that
at the
the time
demeanor at
Please
and demeanor
actions and
the individuals
individuals actions
describe the
Please describe
festival?
the
of
out
escorted
him
observed
being escorted out of the festival?
observed him being
was
he was
how he
about how
things about
saying things
was saying
He was
lot. He
He
talking aa lot.
then but
but talking
calm then
being calm
was being
He was
he
was
everything he was
pick up everything
couldn't pick
beach, he
babbling, II couldn’t
was babbling,
walking on
he was
on aibeach,
walking
At that
point he
out.
him
he
that point
who
was
walking
ou! .At
the
him
man
to
he was
saying,
talking to the t* *ho was walking
was talking
,"yingit.
that.
like
acid
something
that'
like
or
like
sounded like
seemed
\ryas on
on like acid or somethíng
he was
like he
but it
it sounded
OK but
,"ärãà OK
at the
Was
event?
the event?
served at
being served
alcohol being
Was alcohol
see him
him
didn't see
but II didn’t
with red cups but
a¡ound withred
Yes
people walking
walking around
saw people
so. II saw
think so.
Yes II think
him.
on him'
alcohol on
smell alcohol
didn't smell
drinking
and It didn’t
alcohol and
drinking alcohol
Q.
a.
creating the
disturbance?
the disturbance?
individual creating
Did
the individual
approach the
Brandon approach
observe Brandon
Did you observe
A.
A.
walking
started walking
who started
one who
the one
was the
Brandon was
Yes
to him.
him. Brandon
walk up to
Brandon walk
saw Brandon
Ycs II saw
out.
him
walking
out.
who
already
was
him
walking
the
other
with
him
perion who was already
out with the other person
him out
Q.
a.
he was
was
while he
change while
demeanor change
At
individuals demeanor
ihe individuals
observe the
point did
did you observe
At any point
A.
A.
Q.
a.
being
out?
escorted out?
being escorted
to stay.
him
heard him
had heard
stay. II had
wantedto
seemed like
he wanted
Yes
upse! he
getting upset,
was getting
he was
like he
he seemed
Yes he
him
to
wrestling
was
Brandon
to
him
knew
was
I
wrestling
thing-I knew was Brandon was
talking
the next
nãxt thing
and the
them and
with them
talking with
point'
at that
that point.
the
cars at
the cars
checking the
still checking
gróund. II was
was still
the ground.
that
at that
individual at
this individual
and this
Brandon and
from Brandon
were you from
Approximately
how far
far away were
Approximately how
time?
time?
A.
A.
II was
far'
not too
too far.
yards away,
away, not
4 yards
was about
about 4
Q.
a.
the
to the
individual to
the individual
wrestling the
What
Brandon wrestling
noticed Brandon
when you noticed
do when
did you do
What did
ground?
ground?
A.
A.
him.
to help
help him.
a¡rd tried
üied to
II stopped
over and
ran over
and ran
doing and
was doing
what II was
stopped what
36
36
Q.
a.
Brandon'
assist Brandon.
to assist
arrived to
when you arrived
Please
demeanor when
individuals demeanor
describe the individuals
Please describethe
37
37
38
38
A.
A.
34
34
35
35
39
39
40
40
41
41
42
42
of him,
there
him, there
get
get off
offof
that point.
Brandon to
telling Brandon
was telling
He
was very angry at
point. He
He was
at that
He was
10
struggling,
a
lot,
He
screaming
struggling,
lot,
was
much talking
wasn’t too
just cursing.
cursing. He was just screaming a
talking just
too much
wasn,t
was
he was
break
got his
arms down he
his arms
to
He
when we got
free, when
trying
grunting.
kept tryfuig to break free,
grunting- He kept
-do*
him
to
had
pin
we
pin
him
then
and
uni
just
t.
had
his
with
we
hit
legs
um
us
to
then
and
kicking trying
t ying to triius with his legs and
tcking-and
down.
down.
43
43
44
M
Prosec&or'
s
'"r")il',
P
File
192
File C 192
Filed 08/04/16 Page 94 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1231
Statement of
Neri
of Andrew
Andrew JJ. Neri
Statement
.
Page
Page 7t
1
a.
2
J
4
A.
5
6
I
9
t0
actions that
the
Please
control the
to control
trying to
was trying
as he
he was
took as
that Brandon
the actions
Brandon took
clesc¡ibe the
Please describe
individual?
individual?
on top
down
keep him
him down
He
to keep
chest to
of his
his chest
top of
body on
to lay
lay his
his body
grabbed his
his arm
arm and
and tried
tried to
He grabbed
face
individuals
the
to
while
arm. Brandon
keep the individuals face
trytog to keep
was trying
grabbed his
Brandon was
his other
other arm.
whiie II grabbed
and
were
we
yelling
and
back
to stop.
more
yelling at
stop.
him
from
at him
him to
were
spitting
and
we
turning
from him tuming back and spitting more
him
from
so
turned
head
his
his
forearm
to
to
used
him
so he
he
away
Brandon
from
keep
try to keep his head turned
Brandon used his forearm to try
down
and
his
arm
focused
I
on
of
time
keeping
the
wouldn’t
was focused on keeping his arm down and my
spit. Most
Most of the time I was
wouldn't spit.
on him.
weight
him.
weight on
a.
strike any employees
Griffin
with Griffin
Did
employees with
punch or
or strike
the individual
individual punch
Did you observe
observe the
l3
l4
l5
A.
see it.
didn't see
it.
Brandon
face but
but II didn’t
the face
in the
punched him
him in
individual punched
that the individual
told me
rne thatthe
Brandon told
t6
a.
part of
his body?
body?
observe Brandon
of his
Did
on any part
individual on
punch or
the individual
strike the
or strike
Brandon punch
Did you observe
t7
l8
l9
A.
No.
No
a.
A.
incident?
the incident?
Did
point during
during the
or punch
at any point
the individual
punch the
individual at
strike or
ever strike
Did you ever
11
lz
20
2t
t',
23
24
25
a.
26
27
28
33
34
37
38
39
40
4l
place?
Where
take place?
did thisincident
this incident take
Society did
at the
the Latvian
LaWian Society
Where at
a.
A.
44
45
the
was the
It was
iot of
of dirt.
dirt. It
a lot
At
was a
grass/dirt area,
there was
area" there
the grass/dirt
entrance on
on the
front entrance
the front
At the
tent.
ofiice
the
box
near
vendor/artists
parking area
area near the box oflice tent'
vendor/artists parking
place on?
on?
What
took place
íncident took
the incident
ground surface
that the
surface that
was the
the ground
What was
It
and dirt.
dirt.
It was
was grass and
a.
this
during this
Brandon during
Did
and Brandon
assist you and
personnel assist
Grififin Security
Security personnel
Did any other
other Griffin
incident?
incident?
A.
to get
Brian had
had
get his
legs. Brian
his legs.
Yes.
himto
tell him
Brandon tell
and II heard
heard Brandon
Dave showed
showed up and
Yes. Dave
showed
had
Brian
if Bdan hatl showed up.
up'
see if
stayed
didn't see
cars. II didn’t
the cars.
checking the
stayed checking
42
43
arrived?
arrived?
a.
A.
35
36
police
the police
before the
How
individual before
the individual
control the
finally control
people did
take to
to finally
did it
it take
How many
many people
Griffin
arrived, 33 Griffin
police arrived,
It believethere
the police
until the
down until
people to
him down
to keep
keep him
was 4
4 people
believe there was
muscular
is
Brandon
a
lmow.
don’t
pretty
I
muscular
1
and
is
a
Brandon
know.
don't
Security
employees
I
person
i
and
Secgrity employees
from moving.
moving'
him from
keeping him
person and
was having
touble keeping
person
and he
he was
having trouble
29
32
weight
all my weight
using all
No.
was using
down- II was
arm down.
barely strong
his arm
to keep
keep his
enough to
strong enough
No. II was
was barely
his
down.
arm
just to
just
to keep
keep his arm down.
A.
30
3t
Security?
Security?
Prosecum
NJ
Prosecu
File
File 00 193
93
Filed 08/04/16 Page 95 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1232
Statement
J. Neri
of Andrew
Andrcw J.
Neri
Stafement of
Page
Page 8s
11
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8
9
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11
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14
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15
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17
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32
33
5J
34
34
35
35
36
36
37
37
38
38
39
39
40
40
Q.
a.
arrive?
to arrive?
police department
department to
Approximately
the police
it take
take for
for the
how long
long did
did it
Approximately how
A.
A.
I’m
forever.
it was
was forever.
It seemed
seemed like
like it
su¡e. It
I'm not
not sure.
Q.
a.
see arrive?
arríve?
did you see
Approximately
police officers
officers did
many police
how many
Approximately how
A.
A.
about 5.
I’m
5.
think about
of thetotal
tl¡e total but
but II think
su¡e of
I'm not
not sure
Q.
a.
how the
the
with the
Please
interasted with
police officers
officers interacted
the police
of how
observations of
describe your observations
Please describe
disturbance.
the
who
individual
was
creating
individual who was creating the disturbance.
A.
A.
and to
quit
to quit
When
downand
to stay
stay down
him to
got there
them telling
telling him
police got
heard them
there II heard
the police
When the
roll
him
to
and
were
his
trying
arm
roll
him
they
to
trying
were
grabbed
They
and
they
grabbed
arm
fighting.
resisting,
his
stop
resisting, stop fighting. They
heard
I
him.
an
handcuff
could
back
his
behind
his
an
so
I
heard
and
they
arm
over
handcuffhim.
could
get his árm behind his back so they
over and get
One
ever did.
did- One
officer
if he
he ever
know if
don't know
him but
but II don’t
spraying him
something about
about spraying
say¡ng something
officer saying
his
to
baton
used
the
officer
The
get
get
it
his arm
arm
come out.
officer
out. The officer used the baton to
heard it come
used a
a baton,
batorU II heard
officer used
it
to
used
he
locked
so
his
get
get
arm
his
backbecausehe
it
to
behind
was
used
so
he
keeping
locked
his
arm
keeping
was
he
behind his back because
leverage
pull it
to pull
it back.
back.
leverage to
Q.
a.
who was
was
Did
individual who
the individual
punch or
or strike
strike the
police officers
ofücers punch
of the
the police
observe any of
Did you observe
disturbance?
the
creating
creating the disturbance?
A.
A.
being struck.
someone was
No
stnrck.
was being
like someone
thuds. It
It sounded
sounded like
but II did
did hear
hea¡ thuds.
No but
Q.
a.
políce officers?
ofliccrs?
Did
the police
of the
punch any of
or punch
strike or
the individual
individuat strike
observe the
Did you observe
A.
A.
No.
contact'
see any contact.
didn't see
but II didn’t
saw the
the struggle
snuggle but
heard and
and saw
No. Just
Just heard
Q.
a.
the individual.
individualrestrain the
Can
to restrain
baton to
the baton
utilizing the
was utilizing
who was
the ofiicer
officer who
Can you describe
describe the
A.
A.
No.
No.
Q.
a.
the baton?
baton?
Did
\¡vith the
the individual
individual with
strike the
see that
that Officer
ever see
officer strike
Did you ever
A.
A.
No.
No.
Q.
a.
the police
saying to
What
individual?
to the
the individual?
police ofiicers
officers saying
hearthe
did you hear
What did
A.
A.
arms
keep your arms
II just heard
quit fighting,
fighting, keep
quit struggling,
struggling, quit
to quit
them telling
telling him
him to
heard them
him.
this
to
would
behind
repeat this to him'
quit resisting.
They would repeat
båck, quit
resisting. They
behind your back,
41
41
42
42
43
43
44
44
45
45
Prosecuidrlsi
File
94
le((0194
Prosecu
"J,
1
Filed 08/04/16 Page 96 of 100 PageID:
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Page D: 1233
Statement
of Andrew
Andrew J.
J. Neri
Neri
Statement of
Page
Page 9I
a.
A.
I
2
3
4
5
6
He
babbling
He was
was babbling
was. He
he clearly
but he
clearly was.
saying thathe
that he wasn’t
wasn't resisting
resisting but
He was
was saying
could
that
I
The
l‘
ldn’l
us
W( 1'
thing that I could understand
'0
understand
incohcrcnlly_
only thing
g
incohcrcrrf Iy. çpqldn't
cqt‘1 hiS.W-qrd¡çut.
suit. The only
putting his
resisting by
was
arms behind
behind his
his
his arms
by not
not puttiog
was that
that há{tâ}Ft r.*iäftlfTff't*sJrcsistine
he
was
officers
the
struggling
were
him,
not
telling
very
back,
wä
struggting
anything
doing
he
trim,
back, not Aäiü anything tË officers were teäing
l1(!'il\"I‘§J-lira! l'CSiSi,lB!l££,_,M?f:!
hard.
hard.
7
8
a"
or any
Security or
During
with Griffin
Griffin Security
employees with
the incident
incident did
did you observe
Duríng the
observe any employees
neck
area?
the
individuals
around
their
officers
arms
or
hands,
neck
area?
legs
individuals
police
place their hands, aïms or legs around the
police ofücers place
l2
l3
A.
No
that.
see anything
like that.
No II didn’t
didn't see
anything like
t4
a
or any
GrifEn Security
Security or
During
with Griffin
employees with
incident did
did you observe
observe any employees
During the
the incident
head?
his
face
of
or
in
the
the
strike
individual
area
officers
police
punch or
police officers punch
or strike the individual in the area of his face or head?
t7
A.
didn’t see
No
see anything
tl¡at.
anything like
like that.
No II didn't
l8
l9
a.
Do
from?
bleeding from‘?
individual was
was bleeding
where the
the individual
Do you know
know where
I
t0
ll
l5
t6
2t
A.
a.
Do
the incident?
incident?
to the
police department
respond to
to respond
department to
Do you know
know who
who contacted
contacted the
the police
,),,
23
24
25
26
A.
28
a.
At
what point
point did
on the
the scene?
scene?
arrive on
At what
did EMS
EMS arrive
A.
get off
II believe
able to
to get
was able
off
When II was
up. When
police showed
showed up.
the police
when the
they showed
showed up when
believe they
there.
the
was already
already thereambulance was
the individual
individual the
the ambulance
a.
individual who
Did
creating the
the
was creating
who was
the individual
treating the
crew treating
tlre ambulance
ambulance crew
Did you observe
observe the
disturbance?
disturbance?
A.
No
the rest.
police handle
handle the
rest.
let the
the police
away and
and let
al¡eady walked
walked away
that. II had
had already
didn't see
see that.
No II didn’t
a.
Were
incident?
of this
this incident?
Security employees
as a
a result
result of
injured as
Griffin Security
employees injured
Were any Griffin
30
3t
32
JJ
34
35
36
37
38
39
40
4l
42
it was
No
police
the police
someone say the
employees. II heard
heard someone
the festival
No II think
was one
one of
of the
festival employees.
think it
their
tleir way.
were
were on
on
27
29
spit ingf}.A
. . 'b'å-It
It
he was
was sprttrnq¡r.
his mouthbecause
mouth because he
from his
to me
me like
like he
he was
was bleeding
bleeding from
It looked
looked to
thought
the struggle.
stn:ggle.
he bithis
bit his tongue
tongue during
durÍng the
thougfrt he
20
43
Did
incident?
the incident?
police officers
during the
officers during
to the
individual say anything
anything to
the police
the individual
Did the
A.
clothes
said they
No
on our
our clothes
individual's blood on
had the
the individual’sblood
We had
were fine.
fi¡e. We
everybody said
they were
No everybody
from
what
and that’s
that's what
face and
the face
was hit
hit in
in the
spitting. Brandon
that he was
told me
me thathe
from him
Brandon told
him spitting.
whole
the
started
ttring.
started the whole thing.
44
Prosecutm‘
,"or""ubìù:
P
File
File 3195
95
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1234
©\o®lO'J‘IDxLA[QnI
Statement
J. Neri
Neri
of Andrew
Andrew J.
Statement of
Page
10
Page 10
a.
2
t
4
A.
5
6
7
8
l3
14
t4
15
l5
16
l6
17
l7
18
18
19
19
20
2A
21
2t
22
22
23
23
24
24
25
25
26
26
‘
No
knew he
he was
him and
and II knew
was
to him
talking to
heard him
him talking
who it
it was, II just heard
No II have
have no
no idea
idea who
tell
him
the
heard
I
holding
kicking. I heard him tell the
stopped kicking.
leg because
the individual
individual stopped
holding his
his leg
because the
individual
embarrassment.
an embarrassment.
was being
being an
he was
individual to
to stop
stop because
because he
a
or ailments
At
during the
the
ailments during
of any injuries
injuries or
complain of
point did
did the
the individual
individual complain
At any point
incident?
incident?
A.
He just kept
No
struggling.
kepl struggling.
iqiuries. He
about any injuries.
didn't say or
or complain
complain about
No he
he didn’t
a.
an ambulance?
Did
place in
ambulance?
in an
being place
the individual
individual being
Did you observe
observe the
A.
No
that.
No II didn't
didn't see
see that.
a.
incident?
Did
the incident?
videotaping the
or videotaping
photographs or
taking photographs
any individuals
individuals taking
observe any
Did you observe
A.
No,
No,II didn’t
didn't see
see anyrhinh,\f
a.
statement at
Is
time?
this time?
at this
this statement
to add
add to
to this
want to
ls there
anything else
else you want
there anything
9
ul0
-—
ll
ll
12
t2
or the
Can
police
fhe police
Security or
by Griffin
Griffin Security
ernployed by
the individual
not employed
identiff the
individual not
Can you identify
individuals
the
in
assisted
that
legs?
holding
legs?
department
department tl¡at assisted in holding the individuals
A.
anytl1in%)\‘.k¿$rdf
[;¢’Cl'\‘\°v-\7
this more
more
We
made this
which made
this happen
happen which
like this
incident like
ever have
have an
an incident
normally don’t
don't ever
We normally
doors.
or
wristbands
watching
of
to checking
checking wristbands or watching doors. II
I'm used
used to
cause Pm
struggle cause
of aa difficult
difficult struggle
wasn’t
that.
like that.
prepared for
for something
something like
wasn't prepared
Pr,.o,ñ,or,
osgdtitofis
P
File
196
File C 196
Filed 08/04/16 Page 98 of 100 PageID:
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3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1235
-t9’-‘F:Apn—a._3,\OAxUJ.Kc—U.o;‘¢°5\]‘_hu,tQ
I
Statement
of Andrew
Andrew J.
Neri
Statement of
J. Neri
Page
Page 11
1l
Q.
a.
Is
time?
this time?
at this
to add
to this
this statement
statement at
else you want
want to
add to
Is there
there anything
anyttring else
A.
A.
No.
No.
2
3
4
5
6
7
I
I-‘>r—
9
l0
II
12
13
TIME: 'l"uesda_\y'.
TYPING
ti. 2015;
2015; 8:27
8:27 PM
Plvl
I'uesda,v. September
Septenrber 8.
I'YPINCi CON(_‘LUDi:‘D
CONL'I-UDED - DA'l'l:
DA'I'L AND
AND'I'IMh,
—
S'l'A'l‘l:“Ml:‘N'l’
AND Sl(:‘NA'l'URt
S'l'A l'lrMIrN I Ri:'Vll:W
RHVIbW AND
S¡CNA'¡ URL,
each page bears
of 11
Ihave
initials
bears my initials
l1 pages; eachpage
I have read
read this
this statement
statement consisting
consisting of
and
I
that
in
initialed
corrections
certify
own
handwriting;
certiff
and
I
that the
including
the
including any conections initialed in my own handuriting;
herein
facts
contained
true.
are
facts contained herein are true.
14
l5
ló
l7
t8
l9
‘?gJPgg;\_§\_~_‘j*,1_
DATE
DATE AND
AND TIME:
TIME:
20
I02tu..
22
22
23
23
33
24
25
26
26
27
)1
28
28
29
29
30
31
3l
32
32
33
33
ndrcw J.
J
eri
f4
fir/:Q~
r /:74
_>___m_
__
7_
__
_
_
Detective
Detective Brian
Brian Weishrul
Monmouth
Office
Monmouth County
County Prosecutor’s
Prosecutor's Office
;Q ,q.-._,.__
ry?''
-’__
Detective
Perez
Detective Rosendo
Rosendo Perez
Monmouth
Office
Monmouth County
County Prosecutor’s
Prosecutor's Office
_
ProsecL‘,ÞÍil,'"
1?l§r's
Prosec
File 0197
197
Case Document 63-1 Filed 08/04/16 Page 99 of 100 PagelD: 1236
STATEMENT
CASE #2 15-39715
STATEMENT OF: BRIAN TOTH
ADDRESS: PARLIN NJ 08859
PHONE:
CELL:
DOB:
SSH:
TAKEN AT: HOWELL TOWNSHIP POLICE DEPARTMENT
TAKEN NY: BET. DANIEL NEWMAN BRIAN WEISBROT-
KONMOUTH COUNTY
OFFICE
TYPED BY: MRS. HIKKELSON
WUTIVE POLICE SECRETARY
DATE THEE: SEPTEMBER 5, 2015 12:00 AM
Brian, l'm Det. Daniel Newman and this is Det. Brian Weisbrot of the
Monmouth County Prosecutor's Office and here with us is Mrs.
Mikkelson, a secretary for the Howell Police Department. As you know,
this department is currently investigating an incident that occurred at
Priediane, 1017 Route 33, Freehold NJ in which we believe you have
some information. It is our duty to ask you questions regarding the
circumstances surrounding this incident As such, you are here today to
relate this information and to describe in your own words and as best as
you can the events which you witnessed. However, prior to maldng any
statements, I would like to inform you that this statement may be used
in a Court of Law and as such, should be the tnAth to the best of your
knowledge
Q. Do you understand everything I've just explained to you?
Yes
A.
Q. Are you giving this statement voluntarily and of your own free will?
A Yes
EXHIBIT
i Wefa
74
[3'21"
Prosecutor's File 0195
Filed 08/04/16 Page 100 of 100 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-1 Filed
Page D: 1237
STATEMENT
BRIAN TOTH
TOTH
OF: BRIAN
STATEMENT OF:
Q.
a
A.
A
2
Do
language?
the English
English language?
understand the
write and
and understand
read, write
Do you read,
Yes
Yes
How
in school?
school?
progressed in
Q.
have you progressed
far have
How far
a.
School
A
graduate.
High
graduate.
A. High School
Q.
a
A
A.
How
old are
are you?
How old
22
22
Q.
a.
Are
married?
Are you married?
Q.
A.
ltlfhere?
Are
employed? Where?
Are you emploYed?
Yes
NJ
Township NJ
\lt/all Township
Tech LLC,
LLC, Wall
Log Tech
am Log
Yes II am
Q.
a.
Tech?
How
Log Tech?
been employed
employed by Log
have you been
long have
How long
A
hired.
A month—justrecently
month-just recently got hired.
A.
A.
A.
A.
A.
A.
No
No
witnessed
which you witnessed
Can
events which
the events
words the
own words
Q.
in your own
tell us
us in
Can you tell
A.
5,
Priediane
on
the
2015?
September
5, 2015?
at
occurred
which
of
the
on
September
incident
of the incident which occurred at the Priediane
Priediane.
at
was
Griffin
for
Security at Priediane. II was
A.
security for Griffîn security
r¡¡as working security
A. II was
bottles or
paraphernalia
glass bottles or paraphernalia
for any glass
vehicies for
working
checking vehicles
working my post checking
to
looked
he
from
okay from
the
be okay
lot,
When II see
he looked to be
parking
to the parking
Tim walking
walking up to
see Tim
When
didn’t
he
look
see
on closer
closer look he didnt see
where
but on
gooa distance,
distance, but
was a* good
was, II was
where II was,
the
of
behind
one
jeeps
He
thejeeps
lost.
like
it
of
of
out
alright.
looked óut of it like iost. He goes behind one
He just looked
alright. He
check
to check
there.
that
security guard,
was
cruz, another
another security
Brandon Cruz,
BuÚd, goes up to
that was there. Brandon
Tim
When
and
Tim
everything.
he’s
when
if
is
on
see if he's alright a¡d everything.
he is doing
doing see
see how
how he
on him, see
and
punches
notices
he overreacted
overreacted and just punches
him he
to him
up to
coming up
Brandon coming
notices Brandon
natural
which
know
with aa natural
I
don’t
eye. Brandon, with
Brandon,
eye. t áon;t knou¡ which eye.
tJre eye.
in the
Brandon, in
what
From
where.
know where. From what II saw,
reaction, punches him
don't know
back. II don’t
him back.
against
\¡/ere leaning against
when
on another
another vehicle, they were
to check
check on
up to
when II went
went up
struggling
was
to take
take
looked like
the
Brandon was struggling to
like Brandon
it looked
and it
Jeep and
of the
the Jeep
the back
back of
the
to
Tim
When
gets
the
finally
gets
to
him.
detain
to
the
him
ground to detain him. When Tim
to the giound
him down
down to
last
his
know
name,
don’t
don't know his last nâJne,
security guard,
ground,
another security
ground, Andrew,
And.rew, another
srtrd, IIhim.
Bra¡rdon
with
Brandon
that point, Brandon
detaining
assist
At that
him. At
runs
to assist Brandon with
ou", to
*r, over
Tim
was
the
fighting
and Andrew
other, Tim was fighting
arm and
was
was holding the other,
Andrew was
an arm
was holding an
kicks,
get loose,
loose, throwing kicks,
to get
it
could to
he could
that he
best that
the best
doing the
it off,
off, doing
the
from
else
event,
Then
someone
could. Then someone else from the
he could.
whatever he
squirming,
ã-oing whatever
squirming, doing
Andrew
ar¡d Andrew
Brandon and
Grifiin
if Brandon
of
see if
to see
up to
not
catne up
part of A¡mn Security, came
,råt a part
was.
this
who
was
He was
know
" help
needed
don't know who this person was. He
anything. II don’t
or anything.
help or
needed
He
came
Priediane. He just ca¡ne
at Priediane.
event at
the event
wãs hosting the
that was
part of
the crew
crew that
of the
need
if
they
if they
or if
to
they
see
help or
need help
over
Andrew to see if
and Andrew
Brandon and
if Brandon
see if
to see
ôver to
{CTI}ßl.:-
Prosecutor's
File 0199
0199
Prosecutor's File
Filed 08/04/16 Page 1 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1238
STATEMENTOF:
STATEMENT OF:
BRIAN
BRIAN TOTH
TOTH
J
needed
vehicles,
searching vehicles,
still doing
doing my
my duty searching
back'up. After
I'm still
needed back—up.
After that, I’m
buddies
and
after
to
that
me
came
help
your buddies out,
shortly
sâys go
shortly after that guy came up to me and says
n-ln over
over to
to go
meaning
that and
and II run
He tells
tells me
me that
the crew
crew from
security. He
meaning the
from security.
it
looked
that
was
from
them
out.
But
to
on,
going
see
it looked
ever5rthing that was going
help them out. But from everything
see to go help
like
the most
most part,
for the
control for
under control
had everything
everything under
like Brandon
Brandon and
and Andrew
Andrew had
Ptrt,
in
them in
meanwhile,
assist them
help assist
up help
come up
these two
two other
ot̡er gentlemen come
meanwhile, these
told
assist
me
to assist told me
detaining
gentlemen that
came up to
that came
Tim. One
One of
the two
two gentlemen
detaining Tim.
of the
Brandon
and
started
He
of
Tim’s.
he
friend
that
helping
was
a
family friend of Tim's, He started helping Brandon and
that he wâ.s a family
Andrew
the
was taking
taking place, the
everything was
hoiding his
down. While
While everything
Andrew by
by holding
his legs
legs down.
calm
down,
you’re
and
his
friends
on
come
Tim,
you're
were
security and his friends were saying
saying come on Tim, calm down,
him
calm.
to
Tim
like Tim
poínt, it
it seemed
seemed like
trying
overreacting,
get
get
At one
one point,
him
calm. At
overreacting,
to
he
of
nowhere
over
when
out
instructions,
was
when out of nowhere he over
was calm,
calm, relaxed,
relaxed, following
with arms
Andrew
and
Brandon
started
reacted
they
while they
a.rms while
lifting
Andrew with
and
Brandon
reacted again,
started
again,
where
know
don’t
I
Andrew
him.
Brandon
and
held
are
guys. I don't know where
big guys.
held hirn. Brandon and AndreÌff are pretty big
to control.
Tim’s
security
Another security
control. Another
he was
was tough to
Tim's strength
came from, but
but he
strength came
Tim
since
Tim
was
detain
to
for
he
over
came
help
Tim
was
guard
guard working
working for Griffin,
GrifÏin, he came over to help detain Tim since
including me,
security guards, including
were now
now 44 security
very
control. There
There were
very tough
tough to
to control.
friends.
2
Tim’s
Tim.
to
addition
In
detain
Shortly
to
there
trying to detain Tim. In addition to Tim's 2 friends. Shortly after, there
arrives
on
scene.
Police
was
that arrived.
Howell Police Department ¿frrives on scene.
was an
an officer
officer that
arrived. Howell
Howell
The
Tim
was
to prevent
put gloves on
on to
officer put
Police officer
Tim was bleeding.
bleeding. The Howell Police
Howell
several
Police
getting any
pathogens. Shortly after,
after, several Howell Police
borne pathogens.
blood borne
any blood
else
to
told
gloves
officer
officers
The
arrived.
first
scene
put
on
gloves
to
everyone
else
officers arrived. The first officer on scene told everyone
over.
on
took over.
in and
and took
came in
officer on
scene came
on scene
was bleeding.
The first
first officer
as Tim
Tim was
bleeding. The
on as
What
relax and
and
down, relax
calm down,
are here,
here, calm
Tim, listen
listen the
the police are
What he
he said
to Tim,
said to
The
first
scene.
other
officers
on
2
that
come
of
everything
nature. 2 other officers come on scene. The frrst
everything of that nature.
Brandon
officer
scene
on
there
and from
from there
replaces
Tim down, and
in holding Tim
officer on scene
Brandon in
down
for
out
and
in
would
other
officer
holding
Tim
on,
on, every other ofnîcer would step in and swap out for holding down Tim
incident
whole
was
in
this
role
and
friends.
officers
with
the
was
My
incident
whole
security
this
role
in
with the securit¡r officers and friends.
to
whole time
time
The whole
if needed.
needed. The
back-up if
and provide additional
additional back—up
to stand
stand by and
and
officers
slowly
the
and
were
his
they
is
Tim
taking
as
over,
slowly
and
on
back,
they
were
and as the oflicers
Tim is on his
his
he
As
stomach.
side,
on
his
was
right
him
rolled
onto
calmly
calmiy rolled him over
over onto his stomach. As he was on his right side,
there
Before the
the
one
arm
was
cuffed. Before
and cuffed.
back and
behínd his
his back
was put behind
that was
there v¡as one arm that
out
he
starts
his
is
again.
Tim
first
is
flipping
side,
He
on his side, he starts flipping out again. He
cuffed, as
as Tim is on
first arm
a¡rn is cuffed,
I’m
leave
me
off
alone,
off.
He
them
to
was
is
alone,
I'm
get
me
saying
me;
off
me;
leave
fight
trying
saying
was
to
them off. He
is
for my life.
relax.
and relax.
calm down
down and
to calm
him to
fighting for
are telling him
officers are
life. The
The officers
ambulance
the
noticed
I
advice.
their
to
Tim
not
And
ambulance
was
the
noticed
responding
I
to
their
advice.
And Tim was not responding
afterwards. II stood
Brandon said
until Brandon
little bit, until
watched aa little
stood there
there and
and watched
afterwards.
We
Griffin
went over
over
all went
it. We all
them handle
handle it.
let them
here, let
the cops are
are here,
Griffin Security,
Security, the
to
make
out
checked
and
entrance
the
Port-A-John
to
make
the
to
by the entrance and checked everyone out
to the Port-A-John by
on
blood on
had blood
sure
Brandon had
okay. At
noticed Brandon
At this
was okay.
this time, II noticed
sure everyone was
said
he
Brandon
bruises.
and
for
cuts
other
each
checked
We
shirt.
said
his
he
Brandon
his shirt. We checked each other for cuts and bruises.
him.
at him.
blood at
he was
cause he
was spitting blood
Tim cause
got the
from Tim
the blood
blood on
on his
his shirt
shirt from
said
were
and
each
they
other
about
were
went
Then
said
we
everyone
checking
each other and everyone
Then we went about
BILT
ßKr
Prosecutor's
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STATEMENTOF:
STATEMENT OF:
BRIAN
TOTH
BRIAN TOTH
4
all went
when we
we
did say when
okay
Brandon did
positions. Brandon
to our
and we
we all
went back
back to
our positions.
okay and
from
the
that
rocked
that
dude
that
punch
meaning
were
from
the
me,
that
gathered that that dude rocked me,
were gathered
Tim
Tim was
was aa solid
solid punch.
Q.
A.
How
Security?
Griffrn Security?
with Griffin
employed with
How long
have you been
been employed
long have
since
II want
to
May.
want to say
sqy since May.
Q.
a.
What
at Griffin
your job title
title at
Griflin Security?
Security?
What is
is your
Security
gua¡d.
Security guard.
A.
A.
A.
A.
job responsibility
SecuriQr on
on
Q.
Griffin Security
with Griffin
your job
responsibility with
describe your
Please describe
0. Please
2015?
5,
September 5, 2015?
September
A.
was aa no
no
that was
glass bottles,
bottles, that
for any glass
to check
vehicles for
was to
check vehicles
A. My duty was
paraphernalia.
go, and
for paraphernalia.
go,
and check
check for
describe Tim?
Can
please describe
Tim?
Can you please
blond
A.
wouid
shorts, II would
black shorts,
short black
hâir, wearing just short
A. White
White male, blond hair,
muscular.
he
6’
1”
was
6’
built,
about
he
2”;
was
body
muscular.
/
type
built,
he
was
say he was about 6' 1" f 6' 2"; body
Q.
a.
Tim?
Can
to Tim?
please tell
attention to
tell me
me what
what drew
drew your attention
Can you please
he
vehicles, he
the little
He
the vehicles,
between the
little lot, between
was walking
walking up through the
He was
watched
I
all there.
looked
tl¡ere. I just watched
was all
he was
like he
seern like
didnt seem
looked lost, spaced
spaced out, didn’t
vehicles.
back
and
to
bit
went
him
for
little
around
turned around
searching vehicles. II turned
him for aa little bit and went back to searching
Brandon
could
see
I
and I could see Brandon
Tim and
again
towards Tim
saw Brandon
Brandon walking towards
again and
and saw
where
and
Tim.
Tim
was a
was there
there was
a
Tim was
approaching
walking and where Tim
approaching Tim. Tim just kept walking
to
Brandon
was
that
trying
It
the
that
tryíng
to
rear.
was
was
appeared
that
Bra¡rdon
facing
Jeep
It
appeared
rear.
the
Jeep that was
Tim punches
‘s attention
punches Brandon.
Bra¡rdon.
get Tim
out of
of nowhere,
nowhere, Tim
and out
Tim's
attention and
Q.
A.
A.
A.
Q.
a.
Can
you
can you
he punched
after he
behavior after
please
please describe
Tim's behavior
describe Tim’s
Brandon?
Brandon?
to fight
fight
ready to
was ready
He was
control. He
of control.
out of
he was
was out
he hit
hit Brandon, he
A. After
After he
based
on
another
for
his
punch, based on his
was going for another punch,
he was
like he
anyone.
He looked
looked like
anyone. He
that
was
hear
couldn’t
I
anything
his
that
was
He
arms.
stance.
was
flailing his arms. I couldn't hear
sta¡rce. He was flailing
Brandon
said
or
away.
too far
fa¡ away.
by
was too
being
or Tim.
Tim. II was
by
Brandon
said
being
A.
What
incident?
this incident?
in this
was your involvement
involvement in
What was
if
back
needed
there
to
was not
not needed.
II was
It was
assist,
provide
up
if needed.
needed. It
back
was there to assist,
It
control.
Tim was
was under
under control.
It appeared
that Tim
appeared that
Q.
A.
A.
A.
Q.
A.
and Tim?
Tim?
Brandon and
from Brandon
Approximately
were you from
how far
far were
Approximately how
Q.
A.
Tim?
Prior
with Tim’?
contact with
had any contact
have you had
Prior to
to this
this incident, have
A.
A.
about 100
100 feet.
feet.
would say about
II would
KY0’
,KÍLT
Prosecutor's
File 0201
0201
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Filed 08/04/16 Page 3 of 69 PageID:
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3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1240
STATEMENTOF:
STATEMENT OF: BRIAN
BRIá.N TOTH
TOTH
A.
A.
Negative.
Negative.
5
None
None what
what so
ever.
so ever.
Can
please describe
the two
two other
other
and the
Can you please
describe how
how the
the security
security guards and
assisted the
people
people who
who assisted
the security
hold Tim
Tím down?
down?
security guards hold
A
Yes.
was one
one
there was
One was
was on
on one
on the
other arm, there
Yes. One
one arm,
a-rm, guard on
the other
Q.
A.
A.
friend
on his
holding both
securit¡r
friend holding
legs, the
another security
both legs,
the other
other on
his waist,
and another
waist, and
his
waist.
on
was
guard
guârd lvas on his waist.
strike Tim
did you
At
guards strike
Tim while he
you see
he
At any time, did
see any security guards
on the
was
ground?
was orr
the ground?
A.
A. No
No
Q.
a.
Tim being
being held
Approximately
held
poiice arrived
was Tim
Approximately how
arrived was
how long before
before police
on
ground?
on the
the ground?
A.
A. Anywhere
between 55 to
to 10
10 minutes.
Anywhere between
minutes.
Q.
A.
Q.
on the
the scene?
scene?
Approximately
police officers
were on
officers were
Approximately how
Howell police
how many Howell
a.
8-10.
I’m not
A.
good amount.
it was
Approximately 8-iO.
A. I'm
not sure, but
but it
was a
a good
amount. Approximately
Could
see what
they arrived
arrived
after they
police officers
doing after
were doing
Couid you see
what the
the police
officers were
with
Tim?
on
scene
on scene with Tim?
A.
and
Security and
Griflin Security
from Griffin
were taking
over the
the scene
scene from
A. Yes,
Yes, they were
taking over
him
detained.
Tim’s
friends.
two
Keeping
Tim's two friends. Keeping hirn detained,
Q.
a.
Police officers
Q.
detained
officers detained
you please describe
Howell Police
describe how
how the
the Howell
Can you
A. Can
Tim?
Tim?
A.
side to
to cuff
cuff
his right side
onto his
rolled him
him onto
A. As
\ryas on
his back,
they rolled
As Tim
Tim was
on his
back, they
Tim
was
started
Tim
him.
As
again. Tim was
him. As they were
were rolling him, Tim started resisting again.
officers
the
his
not
his
other
to
arm
allowing
body,
to cuff
cuff
officers to
tight
keeping
the
not
to his
keepíng his other arm
loose.
to
in
other
He
the
an attempt to get loose'
arm. He kept squirming in an
the other arm.
Howell Police
Police
the Howell
Approximately
long did
you observe
observe the
how long
did you
Approximately how
with
Tim?
department interact
interact with Tim?
Q.
a.
A.
A.
Give
minutes.
Give or
or take,
take, 33 minutes.
Q.
0.
Tim?
Were
of Tim?
control of
able to
to get control
the Howell
Howell Police
Police officers
officers able
Were the
Yes, they
werö.
they were.
A.
A.
Could
Police
Township Police
Q.
Howell Township
the Howell
said by the
hear anythingbeing
anything being said
Could you hear
0.
Tim?
officer
to
officer to Tim?
Tim would
A.
would go
you. And
And Tim
to help
heip you.
here to
we're here
Yes, calm
calm down, relax, we’re
A. Yes,
of
One
could
hear
I
of
state
resisting.
into
Tim's
One
of Tim’s
a
stop
rage again,
again, I could hear stop resisting.
into a state of rage
do What
friends
The Howell
Howell
you're told.
told. The
what you’re
was saying,
saying, stop
stop fighting them, do
friends was
KT
Me 0202
Prosecutor's
Prosecutor, $$1r0,
Filed 08/04/16 Page 4 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1241
STATEMENT
STATEMENT OF:
OF:
BRIAN
BRIAN TOTH
TOTH
6
Police
down and
you will
you don’t
calm down
Police told
told Tim
Tim you
get seriously hurt
don't calm
and
will get
hurt if
if you
relax.
relax.
Was
Q.
know from
so, do
from
Was there
there any ambulance
scene, and
if so,
do you know
on scene,
and if
ambulance on
A.
where?
where?
A.
There was
ambulance. I’m
it was
would say, it
was
A. There
was an
arr ambulance.
I'm not
not sure,
but if
if Ii would
sure, but
Howell
Howell Township.
Township.
Q.
a
Do
Do you know
know how
how many ambulances?
ambulances?
I’m
not
sure
No,
I'm
No,
not sure
Q.
a.
Were you able
Tim?
to see
rendered to
to Tim?
Were
able to
see first
first aid
aid being
being rendered
II did
not.
did not.
A.
A.
A
A.
any member
During
you see
member of
of
During the
the course
course of
did you
see any
of this
this incident, did
Griffin
Tim's airway?
airway?
obstruct Tim’s
Griflin Security
or the
Howell Police
Department obstruct
Security or
the Howell
Police Department
Q.
a.
A
A.
.
No
No
on scene
Q.
scene
Approximately how
Police officers
officers on
the Howell
Howell Police
Approximately
how long were
were the
A.
with
with Tim?
Tim?
the time
A.
got Tim
detained
Tim detained
A. From
From the
time the
the first
until they got
lîrst officer
officer arrived
arrived until
and
5 minutes, before
3 to
was settled.
settled.
and cuffed, 3
everything was
to 5
before everything
Q.
0
A.
A,
add to
Is
statement?
to add
to this
this statement?
Is there
anything further
further you Wish
wish to
there anything
No
No
Q
a.
have you give
Have
give
you to
to you
to have
made to
been made
Have any threats
threats or
or promises been
this
this statement?
statement?
A.
A.
No
No
Q
0.
of this
given the
be given
the
you will
will be
Upon
completion of
this statement
statement you
Upon completion
and
make
statement
read
this
necessarS¡
any necessary
opportunity
to read this statement and make any
opportunity to
After
deletions.
corrections
making
any
additions,
making
After
and/or
additions, corrections and/or deletions.
and
deletions
corrections
knowing
and/or deletions and knowing
necessary
necessâfy additions,
additions, corrections and/or
and
of
best
the
to
be
truth
knowledge
this
the
to
statement
knowledge
and
your
of
this statement to be the truth to the best
then
this
will
accord
and
will
sign
free
you then sign this
given
your own
giverr of
of your
c¡wn free will and accord will you
A.
A.
statement?
statement?
Yes
Yes
K/Zr
¿í¿l*
0203
Prosecutor's
File 0203
Prosecutor's File
Filed 08/04/16 Page 5 of 69 PageID:
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3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1242
STATEMENT
STATEMENT OF:
OF:
7
BRIAN
BRJAN TOTH
TOTH
II have
page bears
bears my
pages, each
each page
of 77 pages,
read this
statement consisting
consisting of
have read
this statement
and
initials
initíals,
own handwriting and initials,
my own
in my
initíals including any
any corrections
corrections in
true.
herein
contained
facts
and
I
that
are
the
and I certify that the facts contained herein are true.
COMPLETED AT
STATEMENT
AM
AT 1:40
1:4O AM
STATEMENT COIIPLE'îÞD
<%Z."M7
'-~
‘
/
BRIAN
TOTH
BRIAT{ TOTH
,
7/
lo:
IM1‘. 1)‘Afi1EL NEWMAN
I{EWl[Ail
MONMOUTH
orrlcE
PRosE(culoR's OFFICE
t[o!{tfiouÎH COUNTY
cott¡rTY PROSECUTOR'S
/Dy(«Cm
BRIAN
WTISBROT
BRIAI{ WEISBROT
MONMOUTI-I
OFFICE
PROSECÜTOR'S OFFICE
COT'TTTY PROSECUTOR’S
MOITIûOUîH COUNTY
BICT
8ff
Prosecutor's
File 0204
0204
Prosecutor's File
Case Document 63-2 Filed 08/04/16 Page 6 of 69 PagelD: 1243
STATEMENT
CASE 15-397 [5
STATEMENT OF: PRISCILLA BAKER
ADDRESS: FALLS NJ 07725
PHONE:
CELL:
DOB:
SSN:
TAKEN AT: HOWELL TOWNSHIP POLICE DEPARTMENT
TAKEN BY: DET. DANIEL NEWMAN-MONMOUTII COUNTY
OFFICE
SGT. CHRISTIAN
BY: MR8. MIKKELBOII
EXECUTIVE POLICE SECRETARY
DATE TIME: 5, 2015 9:45 PM
Priscilla, as I'm Del. Daniel Newman of the Monmouth County
Prosecutor's cum: and here with us is Det. Sgt. Christian Antunez of the
Howell Township Police Department and here with us is Mrs. Mikkelson,
a secretary for this department. As you know, this department is
Currently investigating an incident that occurred at Priediane, 1017
Route 33, Freehold NJ in which we believe you have some information. It
is our duty to ask you questions regarding the circumstances
surrounding this incident. As such, you are here today to relate this
information and to describe in your own words and as best as you can
the events which you witnessed. However, prior to making any
statements, I would like to inform you that this statement may be used
in a Court of Law and as such, should be the truth to the best of your
knowledge.
0- Do you understand everything We just explained to you?
Yes
A
Q. Are you giving this statement voluntarily and of your own free will?
A Yes
EXHIBIT
W0
- osecutor's File 6&5
Filed 08/04/16 Page 7 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1244
STATEMENT
STATEMENT OF:
OF: PRISCILLA
PR¡SCILLA BAKER
BAKER
22
Q.
a.
A.
Do
understand the
Do you read,
read, write
write and
the English language?
language?
and understand
Yes
Yes
Q.
0.
How
How far
progressed in
far have
have you progressed
in school?
schooi?
Associates
Nursing
Associates Degree
Degree in
in
Q.
a.
What
What is
is your age?
age?
IIam28
am 28
Q.
a.
Are
Are you married?
married?
Yes,
Yes, II am
am
Q.
0.
Where
Where do
do you work?
work?
II work
Comfor
at
work at Comfor Care
in Red
Care in
Red Bank
Bank NJ
NJ
A
A.
A.
A.
A.
A.
A.
A.
A.
Q.
a.
A.
A
How
How long have
have you been
been employed?
employed?
Since
Since May 2015.
2015.
events which
Q.
which you witnessed
witnessed
Can you tell
tell us
us in
in your own
the events
own words
words the
A. Can
2015?
of
the
incident
which
occurred
the
Priediane
at
on
5,
September
2Ol5?
of the incident which occurred at the Priedia¡re on September
and
LLP
A.
are
we are
A. My
part of
Groove LLP and we
My husband
husband and
of Super
Super Groove
and II are
are part
Priediane.
music
event
at
husband,
My
hosting aa 33 day camping and
and music event at Priediane. My
Tim from
Jeff
Dave Mahajan, knew
school 10
from school
LO
Jeff Mahajan
Mahaja¡r and
and his
his brother, Dave
knew Tim
*,5l,W
'YSPve-rtl,l
there
and
Dave
assaulted
About
was
Tim
there
1fi—3a=ear»3—ago,
years ago.
was aa
years
ago. About {+pare--ago, Tim assaulted Dave and
front flAQrs
falling
to the
the front
falling out
year's event, Tim
Tim came
carne to
out of
of their
friendship. At
their friendship.
At last
last year’s
'&qCI
a volunteer.
gate and
from
make things
things right from
offered to
to be
and offered
be a
volunteer. He
He wanted
wanted to
to make
the
as well
well as
with
as helping
helping with
the past so
so Jeff
Jeff allowed
allowed him
him to
to work
work cleanup
crew as
cleanup crew
This
work.
of
did
lot
and
He
a
some
was
heavy
year
lifting.
helpful
This
work.
very
a
lot
of
some heavy lifting. He was
heþful and did
Jeff invited
him to
Friday,
ali day
day Friday,
worked all
Jelf
to come
come back
He worked
invited him
back and
and help.
help. He
but
cordial
also
He
clean and
was
cars.
intermittently helping clean
park
but
also
cordial
was
very
and
cars. He
and
break
drink
take
lot
of
time
in
Jeff
asked
him
the
to
a
spent aa lot of time in the sun
sun so
so Jeff asked him to take a break and drink
a
Tim near
near the
5th, II saw
saw Tim
the
a lot
lot of
of water.
water. This
This afternoon, today Sept4ember
Sept4ember 5”‘,
this
cart
At
a
and
red
He
time,
area.
vending area.
He was
was very
sweaty. At this time, a golf cart
very red and sweaty.
loud
started
and
heard
backfire.
I
a
Tim
witnessed Tim
this point, II witnessed
very
At this
started and I heard a
loud backfire. At
and
said
down
ducked
He
and
startled.
become
jump up and instantly become very startled. He ducked down and said
at. At
this time,
time,
At this
very loudly are
shot at.
being shot
are we
we under
under attack.
And am
am II being
attack. And
front
the
towards
he
behind
cars
gate. It
began running down,
he began
down, ducking behind cars towards the front gate.
front gate,
saw
per their
and
their protocol, and
gate, checking cars, as
as per
saw security at
at the
the front
of
out
sorts
Tim
the
of
saw
one
acting
officers, Brandon,
very
very out of sorts
Brandon, saw Tim
one of the security oflîcers,
like
and
acting very paranoid.
was acting
acting like
paranoid. He
He was
He was
was acting
and very disoriented.
disoriented. He
he
out and
trying to
to protect
was trying
he was
Like he
he was
was being shot
shot out
and irrational.
irrational. Like
under
himself.
am II
phrase 22 times,
we under attack, am
He repeated the
times, are
are we
himself. He
the phrase
he was
was
being
around; he
yelling this.
was looking
iooking around;
this. He
shot? He
He was
was yelling
He was
being shot?
rd]
vpdrfi.
ago9?}
'%-
pf?’
ew
Prosecutor's
0206
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STATEMENT
BAKER
STATEMENT OF:
OF: PRISCILLA
PRTSCILLA BAI(ER
J
continually
okay,
continually searching-very
is okay,
searching-very paranoid.
paranoid. II said
everything is
said everything
acted as
everything is
everythÍng
he didn’t
is fine, no
you. He
as if
if he
didn't
no one
one is
is here
here to
to harm
He acted
harm you.
hear
hear me
me or
or he
he wasn’t
wasn't comprehending,
comprehending, like
was in
world. My
My
like he
he was
in another
another world.
first
first thought
traumatic
thought was
was that
that this
this looked
looked like
he was
iike he
was reliving aa past traumatic
event. At
poirrt, he
to get
event.
At this
this point,
he was
beginning to
was ducking behind
behind cars,
cars, and
and beginning
close to
close
to the
tree line
Brandon, the
the tree
line near
near the
this time,
time, Brandon,
the
the road, Route
33. At
At this
Route 33.
with
closed
in
the
a
was
face,
officer,
him,
security
approached
approached
was punched in the face, with a closed
the upper left
fist,
fist, by
by Tim,
Tim, in
in the
time, 22 other
other
cheek bone
this time,
left cheek
area. At
At this
bone area.
his
back
officers
him
and
them
Brandon
on
came
over.
security officers c¿une over. Brandon and them got him on his back on
security
on
the
the ground to
one
to subdue
subdue him.
him. One
one shoulder;
shoulder; one
One security officer
officer had
had one
had
the other
had the
down. AA
other shoulder
shoulder with
their forearms
him down.
with their
forearms flat
flat holding him
third
third officer
drove up in
in
officer had
had his
volunteer drove
his legs
legs flat
flat down.
down. At
At this
this point, aa volunteer
view
the
from
if
block
and
needed
cart
to
to
a
assist,
a golf cart to assist, if they
they needed anything,
anything, and to block the view from
could see
incoming
stepped back
incoming guest. At
feet and
and could
see
At this
this time, II stepped
5O feet
back about
about 50
his
Tim
of
He
their
to
out
was
flailing
actively
trying
get out of tåeir grip.
arms,
Tim
grip. He was flailing his arms,
trying to get
not
shaking his
his head,
head, trying to
intensely. II could not
to release
release his
his legs
legs very
very intensely.
hear
did
Tim.
distinct
from
I
hear
lot
words
of
a
just
mumbling
the
hear any distinct words
a lot of mumbling from Tim. I díd hear the
officers
security officers say please stay down.
see Tim
Tim was
could see
was
down. At
At this
this point II could
red and
Ðleni Maltas,
Maltas,
very red
and sweaty and
member, Eleni
and II alerted
alerted a
a front
front gate staff
staff member,
to state
to
situation where
is aa hostile
hostile
where there
there is
to call
call 911
911 and
and to
state that
that we
we have
have aa situation
involved.
in case
case
hostility in
involved. II wanted
there was
was hostility
wanted them
them to
know that
that there
to know
his
for
concerned
could
I
sedative
administer.
they
safety
they could bring aa sedative to
to administer. I was
was concerned for his safety
would
and
of
there.
She
to
me
dispatch
right
they
reported
everyone
would
dispatch
and of everyone there. She reported to me
vehicles
4
3
I’m
later
to
15
minutes
or
away.
away. I'm going to say roughly 15 minutes later 3 or 4 police vehicles
arrived
cars and
and
of their
their cars
a¡rived on
on the
scene from
out of
the scene
Howell Police.
Police. They got out
from Howell
Tim
the
10
was
this
to15
to
situation.
ran
see
flailing
rninutes, Tim was flailing
ran to see the situation. During this 1O to15 minutes,
around
out of
grip. His
non-stop, actively
arms were
v/ere
His arms
to jump out
around non-stop,
actively trying
trylng to
of their
their grip.
of
break
their
out
to
his
head
his
chest-like
was
flailing,
flailing, his chest-like trying to break out of their
fiailing, his head was flailing,
event
grip.
grip. At
for the
the event
At this
this point, II was
the arriving
arriving guests for
was concerned
concerned that
tJrat the
in
the
and
12
would
the
the
News
and
van
scene
see
possibly get in the way, so
so
and the News L2 vart would see the scene and possibly
we
the view
view even
even
car to
block the
had one
one of
of the
the staff
their car
to block
we had
staff members
members drive
drive their
more.
through
see just through
could see
bit closer
and II could
more. At
At this
this point, II got aa little
iittle bit
closer and
the
fists come
or 44 times,
times,
about 33 or
cart window, II could
see 2
2 fists
come down
down about
the golf cart
couid see
cart
could
the
because
was
contact
I
but
not
blocking
see
goif cart was blocking my
but I could not see any contact because the golf
view.
a zip
tte restraint
restraint
zíp tie
looked like
like a
view. II saw
saw one
one police officer
what looked
officer bring what
5
About
it.
with
done
what
did
I
the
not
to
see
was
area.
over
over to the area. I did not see what was done with it. About 5 minutes
ambulance arrived
later, the
to escape.
escape. II
the ambulance
arrived and
Tim was
was still
still actively
actively trying to
and Tim
3 security officers
and at
could
officers
that point 3
see the
offîcers, 3-4
3-4 officers,
at that
could see
the officers,
officers, and
around
to take
take
tr¡¡ing to
were trying
officers were
him. II could
could see
see that
the police officers
around him.
that the
control
their
3
him.
The
officers
of
control
were
relinquishing
security
of
control of him. The 3
officers were relinquishing their control of
him
a stretcher
and aa bag
bag
stretcher and
police. At
At this
out a
to the
this point EMS
EMS brought out
him to
the police.
officers backed
and
where
to where
backed up to
to the
scene. And
a:rd went
went over
over to
the scene.
And the
the security
security officers
check
his
and
shirt
his
that
blood
had
I
Brandon
II was.
was
saw that Brandon had blood on
on his shirt and his cheek was
was. I saw
man
man
We
tr,
Prosecutor's
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STATEMENT
STATEMENT OF:
OF: PRISCILLA.
PRISCILLA BAKER
Bâ.KDR
4
The blood
clean shirt.
blood
becoming
becoming very puffy.
puffy. II got him
him ice,
ice, wipes
wipes and
and aa clean
shirt. The
had
Tim’s nose
B-Harieltmrnisra —)(had come
come from
from Tim's
nose and
and mouth, Brandon
Brandon stated.
stated. Frandsr-afso
+ gm:
l*
Cyui {—
the
this
At
stretcher
statedr-that-perhaps —’l’im‘-had-bifliis"tongue.
e. At this point the stretcher lq)was
was next
stepped back
next to
him and
to him
and II stepped
ma-ke sure
sure the
back from
from the
the scene
scene to
to make
the ' €/
_
W
crowd
be an
crowd was
was controlled
controlled and
and that
that there
there would
alternate exit
exit route
route for
would be
an alternate
for
the
the event
goer's ears
event goer’s
police
cars as
the main
as the
main entrance
several police
entrance was
was blocked
blocked by several
vehicles
officers were
vehicles and
and the
the ambulance.
ambulance. At
At this
this point, the
the officers
were asking
asking who
who
he
he was
was with, II stated
stated he
proceeded to
he was
was alone
alone and
the 44 officers
offîcers proceeded
to enter
enter
and the
the
the festival
grounds. So
festival grounds.
So at
at this
this point II went
back to
went back
to check
check on
on my staff.
Q.
0
Do
Do you know
know Tim’s
Tim's last
last name?
name?
No
No II don’t
don't
A.
A.
Q.
A.
Can
Can you describe
describe Tim?
Tim?
About
6’
3”
6’
4"
broad
receding
About 6'3" 6'4' broad shouldered,
very muscular
muscular build, receding
shouldered, very
Red in
hairline,
hairline, reddish
reddish brown
brown hair.
He was
hair. Red
the face
and sweaty.
in the
face and
sweaty. He
was
sunburned.
sunburned.
A.
A.
Can
during the
past few
you describe
Can you
few days?
describe his
his demeanor
demeanor during
the past
days?
the
few
During the past few days, he
help. To
to help.
he was
was very intensely ready
ready to
To
talk
told
about
how
husband
the
event
was.
me
grandiosely
My
grandiosely
great
talk
about how
the event was. My husband told me
about
Tim has
about Tim,
Tim, that
in the
moment
that in
the past, Tim
intense at
at one
one moment
has been
been very intense
his
be
loose
best
wanted
the
to
next
moment
a
seemingly
seemingly like
cannon,
his
like a loose ca.nnon, the next moment wanted to be
best
Q.
a.
A.
A.
friend.
friend.
Q.
a.
A.
A.
Did
Tim?
Did your husband, Jeff, tell
tell you how
how he
he knew
knew Tim?
Yes, my husband’s
him when
when {‘X’ 1:.
husba¡ld's brother, Dave,
Dave, went
went to
to school
scirool with
with him
r(
and
when
had
out
were
a
they
they were younger and they
ago when .e¿va(u
they had a falling out about-1-6-years
atlouffi&1¡ears ago
t5'
\tt{t
Tim
assaulted Dave.
Tim assaulted
Dave.
(W C.‘
'^3o
'
‘I
Q.
you know
Do you
if Tim
alcohol and/or
know if
Tim was
was under
of alcohol
under the
the influence
influerrce of
0. Do
drugs?
drugs?
A.
A. II do
do not.
He had
shorts,
not, He
had empty hands.
hands. No
No shirt.
Just shorts.
shirt. Just
military
background?
military background?
A.
A.
Q.
a
Do
Do you know
if Tim
Tim had
had any
know if
II do
do not.
not.
Q.
A.
Do
Tim had
you know
Do you
any
know if Tim
had any
if
condition?
condition?
A. No
No II was
was not
not aware
aware of
of any diagnosis.
diagnosis.
psychological
prior
prior medical/
medical/psychological
A.
ll?
ff/
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STATEMENTOF:
STATEMENT OF: PRISCILLA
PRISCILL/I, BAKER
BAKER
5
Q.
A.
Who
Who is
is Brandon
Brandon and
him?
and how
how do
know him?
do you know
A.
officer for
Griffin
Security. And
A. Brandon
Brandon is
is aa security officer
Griffin
And was
was helping
for
Security.
check
all
into
maintain
safe
environment.
and
the
event
a
cars
check all cars coming
coming into the event and maintain a safe environment. II
did
did not
not know
know him
him prior to
hired Griffin
to this
this event.
event. We
We hired
Griffin Security and
and
Brandon
of
the
officers.
was
one
Brandon was one of the officers.
Q.
A.
Was
any type of
Was Brandon
Brandon in
in arry
of uniform?
uniform?
A.
shirt with
Griffin Security
Yes, he
with the
A. Yes,
he was
was wearing
wearing a
the emblem
emblem
a yellow Griffin
Security shirt
the
front
and
the
back.
on
on the back.
on the front and Security
Securitv on
Q.
A.
Do
officers were
security ofhcers
that assisted
assisted
Do you know
who the
were that
know who
other two
the other
two security
Brandon
subduing Tim?
Brandon in
in subduing
Tim?
A.
I
don't
know
their
A. I don't know their names,
Griffin Security
narnes, but
were both
both Griffin
but they were
officers
in Griffin
as well
Security t-shirts, but
were red.
red.
officers as
but theirs
theirs were
well in
Griffin Security
How
Did
How many people were
cart backfired?
backfired? Did
were present when
when the
the golf cart
else
his
cart
the
initial
reaction
to
see
anyone
ânyone else see his initial reaction to the golf cart backfiring?
backfiring?
lüy'e were
A.
so I’m
the main
A. We
of the
main stage, so
I'm
were near
near the
the vending area
at the
the top of
area at
if
reacted.
not
but
sure
one
no
not sure íf anyone
anyone saw, but no one reacted.
Q.
a.
Q.
A.
A.
A.
How
the vending area
How far
far was
was the
Route 33?
33?
area from
from Route
About
About 200
2OO yards.
Q.
A.
How
How did
did Tim
Tirn end
end up near
near Route
Route 33?
33?
A.
A.
Tim started
between
down between
Tim
speed, ducking down
started running with
with lightning speed,
himself
all
to
cars,
covering
cars, looking all around, paranoid, trying to protect himself by covering
his
himself.
and
ears
himself,
shielding
blocking
his ears and shielding himself, blocking himself.
Q.
after
you alert
guârd to
behavior after
to Tim’s
Tim's behavior
Did you
alert Brandon
Brandon the
the security guard
0. Did
the
backfired?
cart
the golf cart backfired?
A.
cars where
where
between cars
A. No,
Tim was
No, II didn't
tell Brandon.
Brandon. Tim
was ducking between
didn't tell
behavior
odd
Tim’s
noticed
Brandon
I
Brandon
believe
and
was
working and I believe Brandon noticed Tim's odd behavior
Brandon was working
and
concerned
where
that point where
Tim. ItIt was
was at
at that
a¡rd became
became concemed and
and approached
approached Tim.
2
and
Brandon
then
Tim
Brandon
and
in
the
other
punched Brandon in the face,
Tim punched
face, and then Bra¡rdon and 2 other
the
the
3
in
him
and
hold,
by
over
point
by
point
the
security
got
hold,
got
3
guards ran
him
in
the
securify guards
over
ran
and
shoulders
and
shouiders and legs.
legs.
Q.
a.
Were
safety?
Were you concerned
concerned for
for your safety?
those around
A.
No,
around
and those
safety and
No, II was
about Tim’s
Tim's safety
A.
was more
more concerned
concerned about
him.
lr i rtt
wr
Prosecutor's
File 0209
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Page D: 1248
STATEMENT
STATEMENT OF:
OF: PRISCILLA
PRISCILLA BAKER
BAKER
6
security prior to
Q.
to the
the security
the
How long
long was
was Tim
combative with
with the
Tim actively
actively combative
A. How
police arrival?
arrival?
A.
A.
II would
would say 15
15 minutes.
minutes.
How
actively combative
police arrived?
arrived?
the police
How long
long was
was Tim
Tim actively
combative after
after the
the
that
I
felt
little
A.
20
to
more.
a
minutes,
the police
poiice
maybe
tJ.at
I
felt
a
little
more.
A. At
At least
least 15
to
20
maybe
15
their
do
were
there
and
to
job,
were
were
the
they \¡¡ere the
going to do their job, they
were there and they
they were going
and they
professionals
professionals and
would do
their job.
they would
do their
Q.
A,
At
Q.
to see
see if
if Tim
Tim
able to
were you able
At any time
time during this
this entire
entire incident, were
A.
restricted?
was
airway
airway was restricted?
A.
to see
could hear
hear
But II could
was rest.ricted.
restricted. But
see if
if the
A. II was
was not
abie to
the airway
not able
airway was
him
him mumbling
and moving
mumbling and
moving about.
about.
Q.
0
A.
A,
Did
Did you hear
t}re police saying
saying anything?
anything?
hear the
II did
not.
did not.
Q
a.
Were
police?
by the
the police?
was handcuffed
handcuffed by
TV'ere you able
able to
to see
see if
if Tim
Tim was
A.
A.
II was
was not.
not.
Earlier
Were
restraint. Were
tie restraint.
you described
np tie
described aa zip
Earlier in
in your statement
statement you
Tim?
used
if the
on Tim?
was used on
you able
to see
able to
see if
the zip
zip tie
tie restraint
restraint was
A.
I
not.
was
A. I was not.
Q
A.
a
Were
Q.
ambulance?
placed into
into an
an ambulance?
Were you able
able to
to see
see Tim
Tim being
being placed
A.
stretcher
to
or
transfer
the
did
the
A.
to the
the
stretcher to
the stretcher
not see
see tl:e transfer to the stretcher or the
A. II did not
ambulance.
ambulance.
A.
A.
Q.
a.
Do
incident?
of the
the incident?
know of
of any video
video recording
recording of
Do you know
No.
No.
Q.
a.
Do
this
witnessed this
have witnessed
who may
may have
anyone else
you know
else who
know of
of anyone
Do you
incident?
incident?
A.
in guests
Everyone
staff checking in
police. The
The staff
there talked
to the
the police.
Ðveryone there
talked to
but their
knew
maintaining
on maintaining
was on
focus was
on, but
their focus
something g2iirQ_4/;i7$
/L/’/ /Z/r/~03
/
DEVI". m£m’EL TYEWMATTNEWMAN-
PRISCILLA BAI{ER
BAKER
03
MONMOUTH
OFFICE
MO!¡MOUTH COUNTY
COT'I{TY PROSECU'I‘OR’S
PROSÞCUTOR'S OrF'ICE
DET.
Prosecutor's
File 0212
0212
Prosecutor's File
Case Documen163-2 Filed 08/04/16 Page 14 of 69 PageID: 1251
mqombumiSTATEMENT
STATEMENT OF:
ADDRESS 31, TELEPHONE N0:
DATE Kc PLACE OF BIRTH:
SOCIAL SECURITY NUMBER:
TAKEN AT:
QUESTIONED BY:
WITNESSED BY:
TYPED BY:
DATE TIME:
John Russell smith, 1 am Detective Daniel Bozza of the Monmoulh County
Prosecutor's Office and present hem is Detective Robert Onenzi of the Howell
Township Police Department. It is our duty to ask you questions regarding the
circumstances surrounding the incidenl that occurmd at the Priediane located at
1017 R1. 33, Freehold, NJ involving Timothy Harden on September 5, 2015'
This slalemen! must be a voluntary one, given of you! own free will and award,
without any Ihrems or promises, knowing that what you say may be used in a
Conn ofLaw.
Are you willing to give a volunlary statement at this time?
Yes
John Russell Smith, Jr.
Howell NJ 0773]
:31
.111
Howell Township Police Dcparlmem
300 Old Tavem Road
Howell, NJ 07728
Detective Daniel Bozza
Monmouth Coumy Prosecutor's Office
DaleCtive Robert Onenzi
Howell Township Police Department
I ucqueline Ryan
Monmouth County Prosecutor's Office
Satmday, September 5, 2015, 9:44 PM
Prosecutor's File 0213
Filed 08/04/16 Page 15 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1252
Smith, Jr.
Statement
Jr.
John Russell
Russell Smith,
of John
Statement of
‘°\lO/I«>'~rJ)._
°\lOUI-BJ.)>—S
I
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3
5
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Page 22
a
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3l
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44
45Ln
A.
What
age?
is your age?
What is
46
46
rühat is
What
is your occupation?
occupation?
Howell Township
PD
Full
Township PD
forHowell
EMT for
part time
time EMT
Dock Builder,
Builder, part
Full time
time Dock
What
your formal
education?
is your
formal education?
What is
High
college
some college
High School,
School, some
Are
married?
Are you married?
Yes
Yes
Can
Language?
English Language?
the English
and understand
understand the
read, write
write and
Can you read,
Yes.
Yes.
the
surrounding the
circumstances surrounding
It
tlre circumstances
questions regarding
regarding the
to ask
ask you questions
is our
oru duty
duty to
It is
NJ
Rt.
1017
Freehold,
at
33,
located
Priediane
Freehold,
NJ
the
Rt.
33,
occurred
that
at
incident
incident that o*urr"ã at the Priediane located at 1017
in
tell
us
Can
2015.
please
your
5,2015. Can you please tell us in
Timothy Harden
involving
September 5,
Harden on
on September
involving Timothy
incident?
this
of
have
words
what
incidcnt?
own
knowledge
you
this
of
have
own words what knowledge
possibly
of aa possibly
at approximately
report of
on radio
We
for report
14:58 for
approximately 14:58
radío at
dispatched on
were dispatched
We were
nded and
I
and
res
Patrick
Troy
I
res¡onded
and
intoxicated subject
partner Patrick Troy and
subject at
My parfner
Priediane. My
at the
the Priecliane.
intoxicated
arrival
we
Upon our
arrived
ou¡ anival we observedlþolice
later. Upon
10 minutes
minutes later.
approximately 10
a¡rived approximately
another
to us, II don’t
don't
the
into
lot,
West
pefson came
came up to
officer
parking
running \l/est into the parking lot, another person
ofücer running
where
for
was
by
looking
that
were
we
was
by
where
the
that
for
said
and
he
who
know
was and said thåt ttre person that we were looking
know who heias
in
which
to
direction
best
the
then
us
officer was
the
He then gave us the best direction in which to
to. He
police officer
was running
running to.
the police
of
the
one
Brandon
Cruz,
I
them. At
closest to
point I saw
saw Brandon Cruz, one of the
that point
At that
to ihem.
get
get our
a¡nbula¡¡ce closest
ãur ambulance
disheveled
in
state,
he
a
were
arms were
was
his arms
who
state, his
was
there,
disheveled
security
people who was there. he was in a
iecurity people
if
there
asked
me
He
dirt.
in
covered
was
if
there was
clothes
me
his
and
were
asked
in
blood
covered
covered in biood and his clothes were covered in dirt. He
me
a
and
minute,
him
of
give
off
blood
I.said give me a minute,
anything
clean the
the blood off of him and Isaid
that could
could clean
had that
anything II had
ambulance
got out
in,
the
walked
parked
out walked
I
itit and
and got
back
parked
to
I’ll
ir¡
pulled
ambulance
pulled
the
right
you.
get right back to you. I
I'liget
his
stomach,
he’s
on
the
found
his
stomach,
on
where
prone
we
patient,
he's
around
a
car
parked car where we found the patient,
arorind alarked
that point
polioe officers
are
officers are
4 or
or 55 police
point either
either 4
at ihat
handcuffed, actively
He has
has at
fighting. He
actively fighting.
handcuffed,
around
his
flexcuffs
of
had
a
also
He
pair of flex cuffs a¡ound his
getting up.
up. He also had a pair
trying
irom getting
him from
to keep
keep him
t¡ying to
he
was
at
kick
blood at
to
spitting blood
everybody,
was spitting
he
he
was
activelytrying
ankles,
kick
everybody,
*nãs, he was actively,.yine io
him
calm
to
down,
was
trying
Officer
dowrU
calm^him
to
Migdon
had
he
nose.
trying
a
was
bloody nose. Of1ìcer Migdon
everybody,
everybody, he had a tiooây
Officer
his
had
right
arm,
Officer
officer
lefi
his
right
Murphy
had
Officer
cãnaty had his Ieft arm, officer Mu¡phy had his
officer Conaty
waist trying
to
trying to
his waist
and his
knees and
his knees
Bonner
was between
between his
Austin was
legs, Officer
Officer Austin
his legs,
had his
Bonner had
life.
for
dear
on
holding on for dear life.
was holding
everybody was
like everybody
gîound and
looked like
it looked
keep
and it
the ground
on the
him on
keep him
Officer
restrained.
him
to
Migdon
Officer Migdon
keep
restrained.
that
were
him
It
keep
struggling
to
was
they
apparent that they were struggling
It was apparent
observcsfiblice
_
//,File
Prosecutor's
0 14
Prosecuto s File 0214
Filed 08/04/16 Page 16 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1253
Statement of
Statement
John Russell
Russell Smith,
Smith, Jr.
Jr.
of John
Page
Page 33
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continuously
unintelligible words,
words,
in an
an unintelligible
continuously tried
tried to
answer in
to talk
talk to
to him
him and
and he
he would
would answer
at
make
he
one
he
talk
but
he
didn’t
able
what
to
was
was
point
sense,
at
point
saying
one
any
he
he was able to talk but what he was saying didn't make
him
not
and
I’m
die
I’m
was
we
you’re
telling
you're
not
gonna die,
gonna die and we kept
was saying
kept telling him
sayíng I'm gonna
die, I'm gonna
Officer Migdon
gonna die
him listen
you. Officer
telling him
listen you
gonna
was telling
die we’re
we're trying
trying to
Migdon was
to help
help you.
have
give you
I'll give
get you help
said I’ll
and Tim
Tim said
have to
to calm
calm down,
down, we’re
we're trying
help and
tying to
to get
he was
somebody
spit at
that he
was
help and
noticed that
somebody to
to fucking
he spit
at the
the Officer.
Office¡. II noticed
fucking help
and he
The
8
of us
he’s
he
he’s
and
are
was
sweating.
red,
massively
us are
massively sweating
sweating and he was flushed,
flushed, he's red, he's sweating. The 8 of
the
stretcher
and
onto
the
ofl‘
to figure
trying
ground and onto the stretcher
get him
tryrng fo
figure out
out how
how to
him offthe ground
to best
best get
without
to do
do was
w¿u put an
an Ninitially tried
tried to
Nwithout hurting
hurting him
or anybody
anybody else.
What we
we initially
him or
else. What
from
That
him
95
mask
on
his
it’s
dust
mask
us.
to
over
a
spitting
face,
prevent
95 mask over his face, it's a dust mask to prevent him from spitting on us. That
the
seconds until
took his
was
it across
across the
dragged it
was successful
successful for
for 10
face and
and dragged
10 seconds
until he
he took
his face
that
he
Oflicer
his
and
mask with
ground.
got that a¡rd we
gound. Officer Murphy
we
Murphy had
equipment, he got
had a
a spit
spit mask
with his equipment,
able to
were
yelling
he's still
still yelling
were able
to put that
entire time
time he’s
tl¡at over
mouth and
face. The
The entire
over his
his mouth
and face.
still fighting
we was
unintelligibly.
periods of
of violence
violence were
unintelligibly. At
were
At this
this time
time we
was still
the periods
fighting but
but the
like
less
almost
have
intense
would
less
and
then
he
a
and
period for
rest period
less intense and less frequent
for
frequent and then he would have almost like a rest
like 10
this
2
lighting again.
this II
like
During;a}
10 or
or 20
20 seconds
and then
again. Durin
seconds and
then he
would start
start lighling
he would
don’t
donnt know
we
know exactly
exactly when
from MONOCûtrt¡sc we
wlrcn we
requested the
the ALS
Unit from
we requested
ALS Unit
be
able
We
that
weren’t
him
to
restrain
were
to
hoping
going
during
going
transport.
hoping
weren't
to be able to resffain him during transport. We were
that
on his
they
to roll
they would
would be
be able
able to
we tried
tried to
roll him
to sedate
his stomach,
stomacþ we
him
sedate him.
him. He’s
I{e's still
still on
onto
we tried
side, the
got his
onto his
his side,
side he
he got
his knees
knees up
the second
sccond that
on his
his side
tried to
him on
that we
to roll
roll him
and
and tried
point
tried to
At this
ttris point
his stomach.
to stand
stand up requiring
requiring us
us to
to roll
back on
on his
stomach. At
roll him
him back
ALS
is
other
is
and
the
Joe
one
one
Jeremy
Zimmerman,
arrives, II know
is
Jeremy
ALS arrives,
know the
other
one
the one is Joe Zimmerman, the
and II
the
situation
don’t
know
what
his
last
is
and
assess
name
immediately
don't know what his last name is and they
and
they immediately assess the situation and
that
Tim
be
needed
sedated
and one
to
them, II don’t
agreed that Tim needed to be sedated and
recall who
who made
agreed
made a
ofthem,
don't recall
one of
a
doctor requesting
to the
phone
phone call
point II witnessed
witnessed Patrolman
Patrolma¡r
call to
the doctor
requesting sedation.
At this
this point
sedation. At
Bonner
Bonner was
leg and
holding his
right leg
and Tim
was holding
left leg
leg and
Tim's right
his left
and Pat
Troy was
was holding
holding Tim’s
Tim
Pat Troy
able
lift
his
of
them
to
off
2
the
while
the
onto
were
was
hanging
legs
ground
was able to lift his legs offthe ground whiletl¡e 2 of them were hanging onto him.
him.
The
in
The reason
reason that
particular instance
Bonner is
that II mention
because Ofiicer
Officer Bonner
mention that
that particular
is because
is in
inst¿nce is
and
lbs
280
is
6’0”
estimation
lbs and
probably 6’5”
my estimation probably
and it
275lbs
Pat Troy
Troy is 600" and 280 lbs and
6'5" and
and 275
and Pat
it
do that.
was
Jeremy informed
informed Joe
Joe that
was remarkable
remarkable that
that Tim
physically do
that. Jeremy
Tim was
was able
able to
to physically
that
2 later of
they
good for
sta¡ted to
to ready
they were
were good
for 22 now
now and
Zimmerman started
ready
Joe Zimmerman
and2later
of Adavan.
Adavan. Joe
the
started to
drugs, this
point II started
ca¡diac monitor,
started to
to dry
the cardiac
rnonitor, Jeremy
this point
dry
Jeremy started
to ready
the drugs,
ready the
leads
off
the
offthe upper body
body of
on him.
him. At
Tim so
of Tim
so they
they can
can put the
cardiac monitor leads on
At
the cardiacmonitor
that
Conaty or
point II don’t
that point
said is
is he
don't know
know if
or Officer
Ofücer Murphy
Murphy said
he
if itit was
was Ofiicer
Officer Conaty
breathing?
placed
breathing? We
not. We
We placed
that he was
was not.
We rolled
rolled him
and it
him over
over and
it was
was apparent
appârent thathe
the
in
him
him
in
the
and
his
him
cot
reeves
on
a
back of
him in the reeves on his back,
placed him on
of the
back, placed
the
on a cot and put him in the back
had
ambulance. Inside
pulse, we
ambulance.
no pulse,
we
Inside the
the ambulance
ambulance we
that he had no
we ascertained
ascertained thathe
airway, he
immediately
was initially
initially
immediately started
get an
he was
started CPR.
CPR. Jeremy
Jeremy tried
tried to
to get
an airway,
him
unsuccessful
around
and
because
of
the
that
blood
was
mucus
on his
his face,
u¡rsuccessful because of the blood and mucus tÏat was around him on
face, we
we
his
in
IV
started
able
suction
that
Zimmerman
Joe
to
an
out.
were
leg.
Jeremy
were able to suction that out. Joe Zimmerman started an IV in his leg. Jeremy
was
was successfixl
drugs ALS
ALS gave him
him
what drugs
successful in
in obtaining
an airway,
airway, II don’t
know what
obtaining an
don't know
but
continued
got a
pulse back,
pulse rate
CPR. We
continued
but we
we got
we stopped
stopped CPR.
a pulse
back, had
had a
a pulse
rate of
of 68,
68, we
'We
to
to ventilatehim
then declined
necessitating the
the
ventilate him using
using a
bag mask,
rate then
declined necessitating
a bag
mask, his
his heart
heart rate
hospital and
resumption
continuing with
with CPR,
resumption of
and continuing
CPR"
CPR. We
heading to
to the
the hospital
of CPR.
We started
sta¡ted heading
code room
arriving
into the
the code
room at
arriving approximately
approximately 10
him into
at
10 minutes
minutes later.
latcr. We
We wheeled
wheeled him
M()N()(%-‘rfitsc
/3
5
Prosecutor's
File 0215
15
Prosecutor's File
Filed 08/04/16 Page 17 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1254
Statement
of John
John Russell
Russell Smith,
Jr
Statement of
Smith, Jr.
4
Page
Page +
Jersey
wait by
to wait
by Ofiicer
Offrcer
asked to
over CPR.
We were
were asked
Jersey Shore,
Shore, the
the hospital
hospital staff
staff took
took over
CPR. We
back
cleared
to
McDonald
until
Office
said
come
the
Prosecutor’s
we
were
to the
the
McDonald until the Prosecutor's Office said we were cleared to come back to
assist
him
could
if
Police
to roll
roll
us if we
we could assist him to
Zuppa asked
asked us
Police Headquarters.
Headquarters. Detective
Detective Lou
Lou Zuppa
him
in doing
assisted him
him in
doing so
pictures of
his back.
We assisted
so
could take
back. We
him to
his side
side so
so he
he could
take pictures
of his
to his
and
then
instructed
he
return
to
to
us
headquarters.
and then he instrucæd us to retum to headquarters.
1I
2)
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Q.
a.
How
a per—diem
per-diem EMT
the Howell
Howell
employed as
EMT with
with the
How long
long have
have you been
been employed
as a
PD?
Township
Townshíp PD?
A.
A.
rü/all Township.
II thinkit’s
diem in
Township.
in Wall
think it's 66 years but
but I’ve
I've also
also worked
worked per diem
a.
Have
Have you had
had any training
training to
to become
become an
an EMT?
EMT?
A.
A.
Yes
practical and
and written
written
passed boththe
had the
Yes I’ve
I've had
the required
required EMT
course and
and passed
both the practical
EM'I course
examination.
examination.
Q.
a.
At
recall him
him
Harden do
do you recall
time during
during your interaction
with Timothy
Timothy Harden
At any time
interaction with
saying
ffiying anythingspecifically?
anything specifi cally?
A.
A.
Several
and he
he stated
stated fuck
fuck
take and
Several times
asked Tim
did you take
times Ofiicer
Officer Mignon
Mignon asked
Tim what
what did
he
said
times
Several
and
and
he
sense.
no
was
you and he was talking
gibberish and making
you
talking gibberish
making no sense. Several times he said
said it
die”. A
“I’m
said “I
a
he said
going to
but he
it in
in a
to die".
can't breathe”
breathe" but
A couple
couple of
of times
he said
times he
"I can’t
"I'm going
times
flick_off me” several
loud and
perfectly
and
perfectly loud
several times and
tle fiickoffme"
and clear
clear voice,
voice, he
he said
said “get
"get the
would
us.
often and
to spit
spit at
at us.
would curse
curse often
and then
then he
he would
would try to
Q.
a.
Can
you please
please physically
physically describe
describe Timothy?
Timothy?
Can you
A.
A.
He
Caucasian, balding
muscular.
balding and
and very muscular.
between 5’8,
He was
was between
5'8, 66 feet
tall, white
white or
or CaucasiarL
feet tall,
addition
In
had
arms.
He
and
a
developed upper
he had
had
developed arms. In addition he
very developed
He had aveÍy
upper body
body and very developed
He
barefoot.
and
shirtless
and
was
muscular
he
and
calves
very muscular thighs
was shirtless and barefoot. He was
thíghs and calves and he was
somewhere
and underwear
underwea¡
pounds. He
wearing shirts
shirts and
He was
was wearing
somewhere between
between 200
200 and
and 225
225 pounds.
all
thathe
that
had.
and
was
and that was all that he had.
Q.
a.
You
said II can’t
what was
was the
the
and clear
voice, what
clear voice,
stated thathe
that he said
can't breathe
breathe in
in aa loud
loud and
You stated
significance
significance of
tbat?
of that?
A.
A.
In
breathe and
and they
can't breathe
they
that they
they can’t
ln my experience
experience normally
normally when
when somebody
somebody says that
is
voice
issued
there
quiet and
are
and it’s
it's
are truly
tmly having
having some
some type
type of
of respiratory
respiratory issued there voice is very quiet
sometime
with Tim.
case withTim.
was not
not the
the case
sometime difficult
difficult to
and this
this was
to hear
hea¡ them
them and
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40
41
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42
43
43
44
44
/2A D
Prosecu
P rosecufoor's
r's File
File 0216
0 16
Filed 08/04/16 Page 18 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1255
Statement
St¿tement of
of John
John Russell
Russell Smith,
Jr.
Smith, Jr.
Page
Page 55
II
22
31
44
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Q.
a
Can
please describe
Can you please
your encounter
describe Timothy
Harden's behavior
encounter with
Timothy Harden’s
behavior during
during your
with
him?
him?
A.
A.
He
and physically
of bontrol.
control. He
out of
psychotic and
He was
was acting
acting psychotic
physically out
periods of
have periods
He would
would have
of
violent
outbursts
followed
of
he
short
calmness
while
rested
violent outbursts followed by
periods of catmness while he rested followed
by short periods
followed
another violent
outburst.
immediately
immediately by
by another
violent outburst.
Q
a.
Is
Is there
there anything
an¡hing else
else you want
want to
to add
this statement
at this
this time?
time?
add to
to this
statement at
A.
A.
just resisting
Everybody
Everybody was
was trying
trying to
to help
help Tim
Tim but
was just
everybody.
but he
he was
resisting everybody.
Q
a.
Is
there anything
you want
Is there
anything else
else you
time?
want to
to add
add this
at this
this time?
this statement
statement at
A
A.
No.
No.
lI YPING
YPINç CONCLLJDHJ
CONCLLJIJhD - DA
ANI) llMl::
l)A II itl: AND
I llviF.: Saturda_\‘.
Se¡rfenrLrer 5.
l{J:45 PM
Sarurda¡,. September
5. ?.()l5:
l[] I 5: lU:45
PM
—
= { '.
l:i\ll:\ I Rl:-.\
Itl:\ ll-_V\
ll:\\ AND
5l(¡i\;\ Il It'l{1.
¡\Nll .\l(u’\.-\
5
) lL\A II l::\ll-.i\l
II have
have read
read this
this statement
sfaûement consisting
initials
consisting of
bears my initials
of 55 pages; each
each page bears
I
in
and
thatthe
own
including
certify
handwriting;
including any corrections
corrections initialed
I
my
initialed in
own handwriting; and c€rtit'that
the
facts
contained
herein
true.
are
facts contained herein are true.
26
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27
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DATE
AND EE
TIME:
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Dani
Monmouth
Monmouth County
County Pro. culor‘ss Offlce
Office
40
4t
42
J:43Lu
A444:-
bert Ortenzi
Howell
Howell Township
Township Police
Police Department
Department
Prosecutor's
Prosecutor's File
File 0217
217
Case Document 63-2 Filed 08/04/16 Page 19 of 69 PageID: 1256
r; rout."
rucwawm
UN O'qumm;mu_
STATEMENT
STATEMENT OF
ADDRESS KL TELEPHONE NO:
DATE PLACE OF BIRTH:
SOCIAL SECURITY NUMBER:
TAKEN AT:
QUESTIONED BY:
WITNESSED EY:
TYPED BY:
DATE TIME:
Daniel Castillo
Brink, New Jersey
Howrn Tuwnship Police Drparumm
Detective Pamela Ricciardi
Monmouth County Prosecutor's Office
Detective Brian Weisbmt
Monmouth Caunty Prosecutor's Office
Lsuxu Blasucci
Monmouth County Prosecutm's Office
Septemba' 5, 2015; 9:39 p.111.
Daniel Casfillo, 1 am Detective Pumela Rjodardi of the Manmouth County Prosecutor's
Office and present here is Dmcfive Brian Waishrot ofthe same office. 11 is our duty to ask
you questions regarding the circumstances the incident, which crowned
Priediane mum at 1017 Rome 33, Freehold. New Jersey
This statement must be a voluntary one, given of your own free will and accmd, without
any threats or prm'niscx, knowing 111:! what you say may be used in Court ofLaw.
Are you willing to give a voluntary statement at this time?
Ya
What is your age?
Thirty sevm
What is your occupation7
EXHIBIT
5 m6 Pe'
JL
Prosecutor's File 0218
Filed 08/04/16 Page 20 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1257
Statement
Staternent of
of Daniel
Daniel Castillo
Castillo
Page
Page 2z
I
A.
Security for
Operation
Operation Supervisor
Security
Supervisor Action
Action Logistic
Iogistic and
and Security
for G1iffin’s
G¡iffin's Security
a.
What
your formal
is your
What is
fomlal education?
education?
A.
High
School
High School
a.
Are
Are you married?
ma¡ried?
A.
No
No
a.
Can
Can you read,
read, write
and understand
write and
understrnd the
the English
English Language?
Language?
A.
Yes
Yes
7
3
4
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6
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at Priediane
at 1017
1017 Route
Calling
located at
your attention
Priediane located
Route 33
attention to
33
Calling your
to the
the incident
incident which
which occurred
occurred at
have
what
of
words
in
New
in
tell
please tell us
knowledge you have of
in Freehold,
Freehold, New Jersey
Jersey , please
own words what knowledge
us in your own
this
this incident.
incide,nt.
'.0?>* ©
II work
my boss
boss who
text from
from my
who said
said
worlc, II got aa text
work for
for Grifiin
Griffi¡ Security.
scheduled to
to work,
Securíty. II wasn’t
wasn't scheduled
I
three
And
at
went
Priediane.
needed
work
at
concert
extra
to
they
o'clock.
people to work aa concert at Priediane. And I went at th¡ee o’clock.
they needed cxtra people
When
were receiving
receiving the
the cars, she
girls that
parking to
she
cars and
a¡rd were
IVhe¡r II got there,
there, one
of the
were parking
ûo cars
one of
the girls
that were
said
and
have
section
the
showed
where
to
and
a
to
me
you
guys
you
guys
pointed
and
said
park
pointed
section
have
a
park
to
the
showed me
and
me
me where to
of
this
Griffin
on
situation.
So
three
walked
I
and
there
I
see
Security
top
over
top
guys
on
of this guy
situation. So I walked over there and I see three Griffin Security
and
guard, because
he wasn’t
wasn't wearing
wearing aa
because he
and someone
someone else
else who
securify guard,
who II don’t
don't think
think was
rvas aa security
told
Cruz
Brandon
Griffin
me that
to them,
that h
h ee
thcre close
thean, Brandon Cn¡z told me
Griffin Security
Security shirt.
close to
shirt. So
So when
when II get there
told
He
to
sit
his
me
his
take
couldn’t hold
and
for
on
to
me
place.
me
place.
told
to
He
sit
on
couldn't
t¿ke
his
his
anymore
hold the
the guy down
me
to
down anJrmore and for
He
the
and
were
blood
the
hold
head
careful
and
his
be
with
and
was
coming.
arm
cops were coming. He was
arm and hold his head and be careful with the blood and the cops
could sit
sit on
on his
laying
that II could
his arm
so that
arm
his wrist
wrist so
on his
his back
hand on
on his
layrng on
back face
face up, Brandon
had his
his hand
Brandon had
held
"his
face
face
and
his
and my
and
on his
on his face and held his face away
put my lefi
right hand
hand on
and then
then put
left hand
my right
hand on
his neck
neck and
from
ann and
and holding
his arm
weight on
on his
holding
all my weight
couldn't split
on me.
Even with
with all
from me
me so
so he
he couldn’t
split blood
blood on
m€. Even
that
like
him
until
the
held
I
him
his
he
with
lift
able
arm.
to
one
me
was
face,
police
him by
by his face, he was able to lift me up with one ann. I held him like that until the police
was completely
showed
completely out
He was
minutes. He
out
for fifteen
fiftesri minutes.
showed up.
think II was
that for
up. II think
was holding
him like
holding him
like that
of
of control.
conhol.
a.
How
Secutiry?
have you been
with Griffin
Griffin Secutiry?
How long
long have
been employed
ernployed with
A.
Two months,
little more.
Two
months, maybe
maþe aa little
more.
a.
What
your job title
is your
title with
Griffin Security?
What is
with Griffin
Security?
A.
Security.
Security.
a.
Please
Security.
responsibilities at
Griffin Security.
Please describe
describe your responsibilities
at Griffin
Prosecutor' 0219
\(-
Prosecuto r'sFile 0219
Filed 08/04/16 Page 21 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1258
Statement
Staternent of
of Daniel
Daniel Castillo
Castillo
Page
Page 33
1i
22
33
A.
A.
It
what we
us what
we need
places and
need to
depends on
on the
the event.
event. We
a:rd they
tell us
to do.
It depends
show up to
to the
the places
they tell
do.
We show
Crowd
Crowd control
control and
and search
ca¡s is
were doing
today.
sea¡ch the
tbe cars
is what
what we
we were
doing today.
a.
And
performing security
And how
long have
functions?
how long
have you been
been performing
security functions‘?
A.
A.
II did
did it
ít for
for two
two years when
when II used
live in
Argentina.
used to
to live
in Argentina.
Q.
a.
observed interaction
Please
with the
interaction with
the Griffin
you observed
Griffin
individuals demeanor
Please describe
describe the
the individuals
derneaûor that
that you
A.
A.
of him.
and
The
was speaking
speaking and
him. He
He was
offof
The main
he was
stand up and
us all
main thing
thing he
was trying
tying to
to stand
and to
to get us
all off
dad.
I’m
kill
are
wasn’t
to
These
going
They are going
sorry dad. They
wasn't making
trying to kill me.
making any sense.
me. I'm sorry
sense. These guys are
are trying
wet. He
to
was soaking
soaking wet.
was crying.
crying. II was
He was
was
to send
send me
me to
to jail. He
He was
was very
sweaf¡/, the
the he
he was
vqy very sweaty,
didn’t
I
want
and
touch
to
the
didn’t
he
I
terrified
because
and
have
was
bloody
want
to
gloves
didn't
touch
gloves
and
I
the
my
terrified because I didn't have
and he was bloody
44
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Security
guards.
Security guards.
blood.
blood.
a.
What
police arrived?
What did
did you do
once the
the police
a¡rived?
do once
A.
A.
As
one we
police were
were taking
taking
getting off
and the
the police
police arrived,
off of
him and
As the
tle police
of him
one by
by one
we were
arrived, one
were getting
off
of
him
could
I
told
shoulder
and
Brandon
over.
because the
the
over. Brandon tapped
me I could get off of him because
ny shoulder and told me
tapped me
me on
on my
don’t want
on
to spit
him to
spit blood
police
want him
blood on
police were
face. II don't
I'm holding
were here
here and
ând II told
told him
him no, I’m
holding his
his face.
his
has
the
II
And
him
then
told
let
arm.
And
bite
or
me
Brandon
me.
me
going,
his
cop
again,
going,
has
arm.
the
And
him
me or bite me. And then Brandon told me again, Iet
off
him.
jumped
jumped offhim.
Q.
a.
Who
this individual?
guards helping
iudividual?
restain this
Who were
were the
the other
other security
security guards
heþing you restrain
A.
Brandon
and then
then someone
guards. II don’t
names and
someone
know their
their names
don't know
Brandon Cruz
Cnn and
anð two
two Griffin
Griffin Security
Security guards.
shirt.
have
didn’t
a
I
don’t
thinkworks
Griffin
becausehe
who
for
else,
else, who I don't think works for Griffin because he didn't have a shirt.
a.
Do
was?
the individual
acting the
the way he
he was?
Do you know
know the
individual was
was acting
A.
A.
said he
The one
one guy was
all day.
No,
guards said
day. The
was
up all
acting up
other security
he was
was acting
one of
of the
the other
security guards
No, but
but one
acting up all
working
all day.
day.
eight am
the¡e since
sínce eight
am and
and said
said he
he was
was acting
working there
Q.
a.
Were
individual?
this individual?
with this
in any way with
with your interactions
interactions with
Were in
in you injured
injured in
A.
A.
No.
dirt.
in the
the dirt.
my knees
knees in
from being
being on
Just aa little
iittle bit
bit red
red on
on my knees
knees from
on my
No. Just
Q.
a.
Do
past?
in the
the past?
prior contract
with him in
contract withhim
or have
have you had
had any prior
Do you know
know the
the individual
individual or
A.
A.
N
o.
No.
Q.
a.
What
police arrived?
after the
the police
arived?
What happenened
happenened afier
'\>°~/Q“
Prosecutor's
File 0220
0220
Prosecutor's File
Filed 08/04/16 Page 22 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1259
Statement
St¿tement of
Castillo
of Daniel
Daniel Castillo
Page
Page 44
A.
I
.'
)
a.
Did
them put him
Did you see
see thsm
handcuffs?
him in
in handcuffs?
A.
able to
Yes.
police and
and stand
stand up,
the police
to break
ûee from
from the
was turning
break free
Yes. When
When he
he was
turning he
he was
was almost
almost able
able
to
back.
He
his
behind
him
left
was
had
his
arm
was
one
they
his right
right
they had him by
by one arm, his lefr atm lryâs behind his back. He was able to put his
officers
of
used
the
One
the
off
hand
ground. One of the officers used aa black
biack
push himself
him and
hand underneath
underneath him
and push
bimseif off the ground.
stick
and put it
to bring
bring his
and was
was able
able to
his right
right
right arm
his right
arm and
stick that
that he
he opened
opened up and
it underneath
underneath his
the
the
to
the
went
when
his
And
behind
underneathhim
back.
arm
back,
from
to
arm
the
back, the cops
arm from underneath him to behind his back. And when the amr went to
the handcuffs
handcuffs on.
kept
get worse
they put the
gonna get
on.
worse and
and then
then they
kept screaming
screamurg to
to him
him calm
calm down,
down, it’s
it's gonna
the
We
left
area
it.
And
we can
get
police got it. We left the a¡ea so
so we
can get
point, Brandon
the police
And at
that point,
told me
me let’s
let's go, the
at that
Brandon told
further
but
I
I
him
the
stretcher
Later
cleaned
was
saw
on
away.
away.
I
further
but
was
cleaned up.
up. Later I saw him on the stretchsr
a.
Can
Can you describe
describe the
the individual?
individual?
A.
He
black shorts,
was wearing
wearing black
shorts, no
no
He was
stong. He
He was
was white,
white, muscular,
muscular, tan, unshaven,
unshaven, extremely
exkemely strong.
five.
about
shirt.
his
would
He
was
shirt, He would say
forty five.
sayhis was about forty
a.
stafi’ strike the
Do
were holding?
holding?
the man
man you were
time observe
security staffshike
Do you at
at any time
obserr¡e any security
4
5
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arm so
so he
The
he would
would turn
his arm
turn
police who
he twisted
tr¡¡isted his
The police
who was
was right
me holding
his arm, he
rigbt behind
behind me
holding his
be
face
down.
to
over
over to be face down.
?>*.0@
A.
No.
No.
a.
Did
on the
the subject?
subject?
use any weapons on
police officers
hit, kick
kick or
or use
any police
officers hit,
Did you at
at any time
time observe
obsen,e any
A.
The police
No.
the wrestling
get him
during the
wrestling
control, during
under control,
policc we
to get
him under
tyrng to
No. The
we wresting
wresting with
with him
him trying
left
Then
them.
we
from
feet
of
black
roll
small
II saw
right after
aftcr
away from them. Then we left right
can roll a
a couple
couple of feet away
saw aa small btack spray
sprey can
l7
that.
that.
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il
a.
IL
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A.
Do
\Ã/ere holding
holding
while you were
or illness
illness while
of any injuries
injuries or
if the
Do you recall
recall if
the subject
subject complained
complained of
him
down?
him down?
jail. Then
He was
No.
he would
would calm
going back
Then he
calm
to jail.
back to
I'm going
Sorry dad,
dad, I’m
No. He
talking nonsense.
nonsense. Sony
was talking
with
air
and
the
one
arm
in
lifted
and
then
he
off
would
me
and
catch
down
us
I'm
guard and then he lifted me in the air with one arm and I’m
down a¡d would catsh us off guard
235
pounds.
235 pounds.
6
7
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3
4
5
^(y
Þ*
Prosecutor's
0221
Prosecutor's File
File 0221
Filed 08/04/16 Page 23 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1260
Statement of
Castillo
Statement
of Daniel
Daniel Castillo
Page
Page 55
I
t
4
5
Q.
a.
Is
there anything
staternent?
Is there
anything else
to your statement?
else you would
would like
like to
to add
add to
A.
A.
No.
No.
6
7
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TYPINGCONCLUDED
DATEAND
2015; 10:40
10:40 p.m.
15, 2015;
TYPING CONCLUDED -DATE
TIME: September
Septernber 15,
AND TIME:
—
l6
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STATEMENT
STATEMENT REVIEW
AND SIGNATURE
SIGNATURE
REVIEW AND
II have
including
bears my initials
initials including
have read
this statement
statefüent consisting
each page bears
read this
consisting of
of 55 pages; each
facts
the
that
contained
I
and
certify
handwriting;
facts
contained
that
the
I
certifu
any corrections
corections initialed
ínitialed in
in my own
and
own handwriting;
herein
herein are
truo.
are true.
t3
,-4
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t6
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DATE
AND TIME:
DATE AND
TIME:
_Zg/S A_/9:/fl944
A
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Daniel Castillo
Castillo
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cciardi:
Detective Pain
ela
Detective
P
Ricciardi
ela ‘R5
Monmouth
Prosecutor’s
Count
Office
Monmouth
Prosecutor's Office
flt
û
Detective
Detective Brian
Brian Weisbrot
Weisbrot
Monmouth
County Prosecutor’s
Prosecutor' s Office
Offi ce
Monmouth County
,3
Prosecutor's
0222
File 0222
Prosecutor's File
Case Document 63-2 Filed 08/04/16 Page 24 of 69 PageID: 1261
STATEMENT
CASE it: 15-39715
STATEMENT 0F: PATRICK TROY
ADDRESS: BRICK NJ 03724
PHONE:
CELL:
DOB:
55":
TAKEN AT: HOWELL TOWNSHIP POLICE DEPARTMENT
TAKEN BY: BET. 11mm. NEWMAN PAM EICCIARDI
TYPED MRS. MIKKELSON
EXECUTIVE POLICE SECRETARY
DATE TIME: SEPTEMBER 5, 2015 8:00 PM
Patrick, I'm Det, Daniel Newman of the Monmouth County Prosecutor's
Ofl'ice and Detl Pam Riceiardi of the Monmouth County Prosecutor's
Office and here with us is Mikkelson, a secretary for this
department As you know, this department is currently investigating an
incident of a that occurred at Priediane 1017 Route 33 Freehold NJ
07728 in which we believe you have some information it is our duty to
ask you questions regarding the circumstances surrounding this
incident. As such, you are here today to relate this information and ta
describe in your own words and as best as you can the events which you
witnessed. However, prior to making any smtements, i would like to
inform you that this statement may be used in a Court of Law and as
such, should be the truth to the best of your knowledge.
Do you understand everything I've just explained to you?
Yes
A
Q. Are you giving this statement voluntarily and of your own free will?
A Yes
Do you read, write and understand the English language?
Yes
EXHIB
i 0
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STATEMENT
STATEMENT OF:
OF:
Q.
0.
A.
A.
Q.
a.
PATRICK
TROY
PATRICK TROY
How
progressed in
fa¡ have
in school?
school?
How far
have you progressed
Some college
Some
college
Patrick,
Patríck, what
what is
is your age?
age?
A
A.
27
27
q.
A.
A.
Are
married?
Are you married?
Yes
Yes
Q.
a.
where do
where
do you work?
work?
Howell
EMT
Howell Township Police
Police Department EMT
Q.
a.
How
How long?
long?
22 1/2
L/2 years
A
A.
A,
A
2)
Can
which you witnessed
witnessed
the events
Can you tell
tell us
in your own
words the
events which
us in
own words
2015?
Priediane
of
the
the
incident
which
occurred
5,
at
on
September
5,
2015?
of the incident which occurred at the Priediane on September
intoxicated
A.
A. During my
my shift
today II was
was dispatcheclto
dispatche{.1?.et,
shift today
an intoxicated person
ai°i°i\r"all‘EJ)iie
Howell Police
call
Route
33.
at
on
Police
PI'lCCllaI'lC,
Upon
other Howell
call at Priediane, on Route 33. Upon arrivallö¡ie other
of
control
our
officer
there
officers
to
other
4
patient,
get control of our patient,
officer there were
were 4 other officers trying
tq¡ing to get
in
the
The
on
which
adult
white
male.
was
ground
an
was
laying
in
patient
the
patient
laying
on
was
which was an adult white male. The
The
Priediane.
was
of
the
lot
the
dirt
entrance
a
parking lot right at
a dirt parking
at the entrance of tJ:e Priediane. The patient was
order for
of him
control of
4
with
him in
in order
for
laying face
get control
face down
down with 4 officers
to get
officers trying to
know
their
don’t
I
but
the
officers
to
I
us
provide patient care.
recognized the offîcers but I don't know their
us to provide
care, I recognized
There’s
officers
his
2
names.
at the
the mid
mid
holding
officer at
one officer
his shoulders,
names. There's 2 officers
shoulders, one
before
arrived
that
officer
The
section
officer
his
and
feet.
at
just
an officer at his feet. Ttre oflicer that a:rived
before us
us
section and an
then
was
patient. The
The patient was
then assisted
assisted the
the officer
the feet
feet of
of the
ttre patient.
officer at
at the
handcuffed
The
ankles. The
his ankles.
patient had
ties on
on his
behind his
had zip ties
handcuffed behind
back. The
The patient
his back.
at the
officers and
and
spitting blood
patient was
the police officers
was very combative
and spitting
blood at
combative and
of relaxation
relaxation
kept repeating
had periods of
repeating “I’m
die." The
The patient had
"I'm gonna die.”
where he
would stop fighting
we noticed
noticed
this point we
periods. At
At this
where
he would
fighting for
for short
short periods.
his
all
blood
had
over
he
be
had
what
to
or
a
face.
nose, or had blood all over his face.
appeared to be a bloody
bloody nose,
he had what appeared
It
that time.
time. After
After
from at
at that
the blood
was coming
coming from
was hard
to tell
tell where
where the
blood was
It was
hard to
for a
an officer
we
because he
he
a mask
mask because
us for
combative he
officer asked
asked us
we saw
saw how
how combative
he was, an
is
which
was
basically aa
mask which is basically
was spitting blood.
an N-95
N-95 mask
blood. II went
went and
and got an
police
The police
surgical
officers. The
gave the
of the
the police officers.
one of
the mask
mask to
to one
surgical mask.
mask. II gave
his
head
officer
mask on
on
patient. The
rubbing his head on
patient was
was rubbing
the mask
The patient
officer put the
on the
the patient,
which
he
mask
the
off,
to
his
the
and
shoulders
which
he
get
the ground and his shoulders attempting
attempting to get the mask
John
did
badge
Smith, badge
in doing.
this time
time my partner, John Smith,
did succeed
succeed in
doing. During this
for
EMS
Police
Howell
#967
who
also
works
for
was
paramedics.
calling
paramedics.
for
#967 who also works for Howell PoLice EMs was
to sedate
We
safely
we could
could safely
so we
him so
sedate him
were going to
to have
have them
them attempt to
We were
there
and
was
no
combative
This
he
was
was
as
was
no
way
there
ar¡d
transport him.
very
combative
him. This was as he was
combative
be
to
continued
The
him.
could
we
safely transport him. The patient continued to be combative
we could safely
Q.
a,
F52‘
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ozz¿
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STATEMENT
STATEMENT OF:
OF:
PATRICKTROY
PATRICK TROY
J
and
if we
to see
see if
we
me to
officers asked
asked me
and spit
blood at
at the
the officers.
offìcers. One
One of
of the
the officers
spit blood
mask.
And
had
mask.
and
another
of
So
I
went
grabbed an
olq¡gen mask. A,nd
had another type
a¡r oxygen
t¡4pe of mask. So I went and grabbed
continue
that
could
he
II pulled the
non—re-breather
off
so
bag
to get air
air
continue to
he
could
the non-re-breather
off so that
mask
that
in
on
in
and
The
officers
successful
out.
not
as
in and out. The officers were
were not successful in getting that mask on as
and
combative
still
the
He
his
head.
was
was
spitting
patient
moving
and
still
combative
was moving his head. He was
the
blood.
he went
went
car and
in his
and he
blood. One
the officers
his car
of the
officers said
sajd he
had aa spit mask
mask in
One of
he had
his
had
realized
officers
had
it.
of
the
At
retrieve
this
to
one
gloves
gloves
point,
had
his
had
realized
one of the officers
to retrieve it. At this
the
control
in
I
and
to
assisted
ripped and I assisted in attempting to control the patient by putting my
leg
himself
him from
from hurting himself
leg on
on his
legs in
in the
the area
area of
of his
his calf
calf to
to prevent him
his legs
and
returned
mask
else.
The
the
officer
for
who
went
or
or anyone else. The officer who went for the spit
spit mask returned and put
it
who
officer
the
the
As
soon
as
on
came
patient.
had tipped
ripped gloves came
it on the patient. As soon as the offlicer who had
had
the
officer
off
new
I
the
because
on
back, I got up off tl.e patient because the officer had on new gloves. The
The
minute.
to
seconds
a
30
lasted
of
which
calmness
minute.
patient had
a
periods
to
3O
seconds
had
of calmness which lasted
stated “I’m
of the
going to
die." At
to die.”
At
During each
"I'm going
each of
the calm
calm periods, the
the patient stated
he
Because
was
feel
his
did
was
no
we
compromised.
he
was
point
airway
Because
point
ainvay
wâs
no
did we feel his
compromised.
paramedics have
have
moving
The paramedics
moving around
around and
and breathing,yelling
breathing, yelling and
and spitting.
spitting. The
I’m
not
2
has
which
Medic
Unit
arrived
now
on
paramedics.
208,
I'm
not
paramedics.
scene,
2
has
which
now a.rrived on scene, Medic Unit
noticed
medics
The
combative.
still
of
their
The
sure
names.
was
sure of their names. The patient was still combative. The medics noticed
how
heard
and II heard
patíent was
combative the
was and
medic walked
walked away and
how combative
the patient
and one
one medic
clearance
to
doctor
call
the
tell
he
his
to
his
that
was
to
his tell his partner that he was going to call the doctor to get clearance to
The Howell
sedate
EMS is
safely transport.
Police EMS
is
Howell Police
patient in
in order
sedate the
the patient
order to
to safely
transport. The
an
Narcan
beside
or
authorized
administer
not
to
Epi
pen.
not authonzed to administer medication, beside Narcan or an
doctor we
the patient
Shortly
we noticed
noticed the
medical doctor
Shortty after
the phone call
call to
the medical
after the
to the
which
At
he
calm
not
point the
was
as
was
again.
the
was not breathing as he was being calm again. At which point
handcuffs
his
\rere
patient
promptly put
put on
patient was
and his har¡dcuffs were
the stretcher
was promptly
on the
stretcher and
removed
and
patíents care
care and
the patients
removed but
the zip
zip ties
were not
not compromising
compromising the
but the
ties were
secured
the
were
was secured
ieft on
this point the patient was
were left
on and
CPR was
was started.
At this
and CPR
started. At
IV
an
their
The
medics
in
the
ambulance.
treatment,
put
IV line
line in
in
ân
began
their
in the ambulance. The medics
After
CPR.
while
and connected
we were
were doing
doing CPR. After
a¡rd
connected him
him to
to aa cardiac
ca¡diac monitor
monitor while we
with
the
and
all
one
started
that
we
was
in our
our
transport
medic in
vrith one medic
all that was sta¡ted and we began the
while
the
with a
ambulance
ambulance, while my
Police officer
ambulance with
Howell Police
officer driving the ambulance,
a Howell
The
the
the
medic
worked
I
and
on
patient.
ambulance
medic ambulance
partner,
partner, I and the medic worked on the
The medic
to
followed
Shore
Jersey Shore
patient was
The patient
transported to Jersey
was transported
foliowed behind
behind us.
us. The
the
CPR
Center.
Medical
continued
We
transport,
during
the
transport,
University
University Medicat Center. We continued CPR
1
minute
for
did regain pulses for approximately
/ no breathing.
We
approximately 1 minute/no
breathing. We
patient did
The
for
the
breathe
mask
valve
to
patient.
were
a
patient.
The
bag
using
breathing
were
a breathing bag valve mask to breathe for the
of the
the
rest of
the rest
for the
patient lost
continued for
pulses again
wâ.s continued
and CPR
lost pulses
again and
CPR was
The
was
the
trauma
taken
into
The
patient
was
bay.
was
The
patient
bay.
transport.
transport. The patient was taken into the trauma
over.
and the
transferred
staff took
took over.
transferred to
to aa hospital
bed and
the hospital staff
hospital bed
Q.
a.
Can
patient?
physically describe
describe the
the patient?
Can you physically
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STATEMENTOF:
STATEMENT OF:
PATRICKTROY
PATRICK TROY
4
A.
about in
A. He
He was
was aa white
notice his
white male,
male, about
in his
did not
not notice
his hair
hair
his 30’s,
30's, II did
He
muscular.
him
and
250
about
lbs.
at
just
color, by
looking at him about 250 lbs. and very muscular. He was
by
was
about
about 5’
5' 11”,
11", but
but he
was laying down.
not notice
notice any tattoos
tattoos or
or
he was
down. II did
did not
he
shirt
in
dark
covered
dirt.
He
soars
no
was
as
no
was
shorts,
scars as he was covered in dirt. He was wearing
no shirt no
wearing dark
shoes
shoes or
or socks.
socks.
Q.
0.
A.
A.
Approximately
Approximately how
how long
on scene
before you transported?
long were
were you on
scene before
40
minutes.
Approximately
Approximately 4O minutes.
Earlier
as being
your statement,
patient as
yoü described
Earlier in
in your
the patient
being
statement, you
described the
combative
of calmness.
combative and
how many times
times
and moments
moments of
Approximately how
calmness. Approximately
did
this behavior
did this
behavior occur
occur while
while you were
on scene?
were on
scene?
and calm.
A.
combative and
didn’t count
was combative
calm. It[t
A. II didn't
count how
how many times
times he
he was
times
lost
that
I
count.
so
happened
happened so many times that I lost count.
Q.
a.
combativeness, was
Q.
was he
During his
he
his intervals
of calmness
calmness and
intervals of
and combativeness,
0. During
always
always continuously
continuously breathing?
breathing?
A.
continually yelling I’m
I'm
A. Yes,
Yes, he
he was
was because
because he
he was
was spitting blood,
blood, continually
going
going to
feet.
to die, moving
his torso
torso and
and feet.
moving his
his head
side to
head side
to side
side and
and moving
moving his
down,
During the
going up
up and
and down,
the times
times of
of calmness,
calmness, his
was still
still going
his back
back was
in
die
he
to
and
breathing
breathing heavily and he was
an angry
was still
still saying
saying I’m
I'm going to die in an
voice.
voice.
Q.
a.
At
patient's
the patient’s
observe the
At any point while
while you were
were on
scene did
did you observe
on scene
airway
airway being
being restricted?
restricted?
A.
not
No,
A. No, not by anyone.
Did
as to
way?
patient as
this way?
was behaving
behaving this
Did you question the
the patient
to why he
he was
him
talk
to
to
The
officers
II was
unable
Police
to.
were
and
was unable to. The Poiice officers were trying to talk to him and
die.
II
to
he
that
he
was
going
saying
kept
get
get him
die.
to
he
was
him to
to calm
calm down.
down. All
he
saying
that
All
those
didn’t
and
he
the
took
answer
heard
officers
ask
him
if
he
hea¡d the ofÏicers ask him if he took anything
anything and he didn't answer those
Q.
a.
A.
A.
questions.
questions.
Can
were
you physically
ofnicers were
physically describe
Police officers
the Howell
Howell Police
describe how
how the
Can you
the
controlling
patient?
controlling the patient?
how
remember
A.
him
A. II don’t
remember
how each
officer was
was physically holding him
don't
each officer
officer
each
One
on
their
hands
either
with
down.
But
it
was
or
legs. One officer on each
down. But it was either with hands or their legs.
eventually 22 at
one at
shoulder; there
at
there were
were eventually
wâ.s one
at his
his mid
mid section
section and
and there
there was
his
lower
his iower legs.
legs.
Q.
a.
Can
please describe
you please
describe how
how the
the
Can you
him
officers
down?
were
holding
officers were holding him down?
Q.
A.
patient was
while the
the
was acting while
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OF:
STATEMENTOF:
STATEMENT
A.
A.
The
The
TROY
PATRICK
PATRICKTROY
5
with 55 police
patient
patient was
was very
very combative
police officers
combative even
even \Ã/ith
officers
attempting to
to control
control him.
him.
Q.
you hear
While the
the officers
officers were
were holding the
tJ:e patient down, could
could you
hear
A. While
what
the
officers
the
to
were
what the officers were saying
patient?
saying to the patient?
A.
A. All
All the
the officers
officers said
said to
to him
that II remember
officers were
him that
remember is
is that
that the
the officers
were
calm
to
of
we’re
And
to
times
a
telling him
down;
him to calm down; we're trying
you. And a couple
tryrng to help
help you.
couple of
asking
asking him
him what
what he
he took
took or
or did
take anything.
did he
he take
anything.
Q.
a
A.
A.
Did
Did you ever
ever witness
patient?
witness anyone strike
the patient?
strike the
No
No
Q.
A.
Did
you witness
Did you
witness anyone
anyone other
than the
the Howell
Police officers
officers
other than
Howell Police
attempting
attempting to
to control
control the
patient?
the patient?
A.
A. II did
did not
not witness
witness it.
it. II didn’t
with the
didn't see
see anyone with
the patient besides
besides
the
the Howell
Howell Police
Police officer.
offücer. We
Police officers
officers by
We were
directed to
the Howell
Howell Police
were directed
to the
by
the
and
who
inside
the
were
security
guards,
driveway
the security guards, who were right
they
right inside the driveway and they
immediately
immediately directed
parking lot.
directed us
to the
front area
lot.
us to
the front
area of
of the
the parking
Did
Did you inquire as
as to
the injury that
that was
to how
how the
sustained the
was
the patient sustained
bleeding?
bleeding?
A.
do that
A. II was
part of
was unable
unable to
to do
that as
that would
have been
been part
of my
as that
would have
assessment.
assessment.
Q.
0.
Q.
Why
paramedics called?
Why were
were the
the paramedics
called?
A.
A.
So
the
safely assess
A. So the patient could
could be
we could
assess and
be sedated
sedated so
so that
that we
could safely
and
treat
treat his
his injuries.
injuries.
Q.
you see
Did you
see any
when II
a-ny life—threatening
life-threatening injuries on
on the
the patient when
0. Did
arrived or
the
entire
incident?
or during the entire incident?
A.
rü/as any
A. II did
did not
not see
see anything
that could
lead me
to believe
there was
anything that
could lead
me to
believe there
life—threateninginjury.
life -threatening injury.
Do
authorizationwas
Do you know, or
was
or have
have personal knowledge, that
that authorizalion
treatment?
the
for
granted to
patient
to the
the paramedics to
patient
to sedate
for
treatment?
sedate the
A.
A. II can’t
can't answer
ånswcr that
for sure.
that for
sure. II don't
don't know.
know.
Q.
A.
How
you estimate
breathing
How long would
would you
was not
not breathing
the patient was
estimate that
that the
before
determination was
before a
a determination
was made
made to
CPR?
to administer
administer CPR?
A.
that we
30 seconds
he wasn’t
wasn't
A- ItIt was
was less
less than
noticed that
that he
than 30
seconds that
we noticed
breathing. We
did aa pulse check
We did
started CPR.
CPR.
check and
and started
Q.
a.
Prosecut<£'
:File
pror".uti'lr¡r"
0227
0227
Filed 08/04/16 Page 29 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1266
STATEMENT
OF:
STATEMENT OF:
PATRICK
TROY
PATRTCK TROY
6
Q.
a
Is
Is there
there anything
anything further
wish to
this statement?
statement?
further you wish
to add
add to
to this
No
No
Q.
a.
Have
Have any threats
threats
this
statement?
this statement?
No
No
A
A.
A
A.
Q.
a.
A.
A.
promises been
you give
give
have you
or promises
to have
been made
made to
to you to
or
Upon
given the
Upon completion
you will
completion of
be given
of this
will be
the
this statement
statement you
this
make
read
and
statement
opportunity
necessarJ¡
any
opportunity to
a:ry
necessary
to read this statement and make
additions,
additions, corrections
making any
corrections and/or
andlor deletions.
deletions. After
After making
and
deletions
corrections
additions,
and/or
necessary
necessa.r¡¡ additions, corrections and/or deletions and knowing
this
this statement
statement to
knowledge and
to be
the truth
be the
truth to
to the
the best
best of
of your knowledge
and
then
will
will
this
free
and
accord
own
given
sign
given of
your
you
you
your
tJ:en
sign
of
thís
own free will and accord will
statement?
statement?
Yes
Yes
II have
read this
page bears
have read
pages, each
bears my
this statement
statement consisting of
each page
of 66 pages,
initials
and
own
initials,
handwriting
initials including any
and
any corrections
corrections in
in my
own
my
and
I
that
the
facts
herein
contained
true.
are
and i certify
certify that the facts contained herein are true.
COMPLETED AT
STATEMENT
AT 9:10
9:1O PM
PM
STATDIilEM COIilPLEtED
A/s12ZJ¢—»€~/3
_g
"/y’
PAT
ex
1120?
rm
DET.
DE.T. DANIEL
I¡A¡IIEL NEWMAN
ITEW*[A}¡
Dari’/2”"’V3‘“‘
Rrccmnzif
Def‘?. PAM
PAM RICCIARDI
Prosecutorfs File
Prosecuffis
File 0228
0228
Case Document 63-2 Filed 08/04/16 Page 30 of 69 PageID: 1267
EXHIBIT
STATEMENT
ADDRESS 3: TELEPHONE NO: --
Su rcvillc NJ
9 --
10
1 DATE .2 PLACE OF BIRTH:
YOHX.
SOCIAL SECURITY NUMBER: --
16 TAKEN AT: vaell Township Pulice Depam'nent
I
2
3
4
5 STATEMENT OF: Brandon Keith Cniz
6
7
a
[7 300 Old Tavern Road
'3 Howell, 07728
19
20 QUESTIONED BY: Deteclive Daniel E0712
21 Monmouth Counly Prosecutor's Office
22
23 WITNESSED BY: Detective Brian Weisbmt
V44 Monmouth Cnunty Prosecutor's Office
15
26 TYPED BY: Jacqueline Ryan
27 Monmouth County Prosecutor's Office
23
29 DATE TIME: Saturday, September 5, 2015, 7:53 PM
30
3| Branden Keith Cruz, I am Detective Daniel Bozza of [he Monmoulh Cuumy
Prosecutor's Office and present here is Detective Brian Weishmt of the same
33 office It is our duty to ask you questions regarding the circumstances
surrounding the incident that occurred at the Pdediane located at 1017 Rt, 33,
Freehold, NJ involving Timothy Harden on September 5, 2015.
This statement must be a voluntary one, given of your own free will and accord,
37
38 without any threats or promises, lmuwing that what you say may be used in a
39 Court 01' Law.
441
4'
42 Q. Are ycu willing to give a Voluntary statement at this time?
4:
A. Yes.
Prosecutor's W5 0229
Filed 08/04/16 Page 31 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1268
M"‘°\lOLn.:mtq
qaxLnAt.um—-o~e\1g§i)'‘32";°>GI_,
Statement
Statement of
of Brandon
Brandon Keith
Cruz
Keith Cruz
2
Page
Pagez
I
a
What
your age?
is your
What is
age?
J
A.
3355
a.
What
is your occupation?
What is
occupation?
A.
for Griffin
Griffin Security.
Security.
Currently
diem for
basis but
but work
work per diem
on aa full
full time
time basis
Currently unemployed
unemployed on
a.
What
education?
What is
is your formal
formal education?
A.
High
High School
School
a.
Are
Are you married?
marned?
A.
No
No
17
a.
Can
Language?
English Language?
read, write
the English
Can you read,
write and
and understand
understand the
l8
l9
A.
Yes
Yes II can.
can.
)
4
5
6
7
8
9
t0
u
l2
l3
14
I5
l6
20
2t
a.
12
‘-flwmuoatq
¿3
24
this incident?
you have
ofthis
incident?
have of
25
26
27
28
29
30
3l
32
A-hLn.u:—m.tx,;~>_°t
33
34
35
36
37
38
39
40
4t
42
43
44
¡
~..5
duty to
to ask
ask you
is our
our duty
Calling
It is
circumstances regarding
regarding It
attention to
to the
the circumstances
Calting your attention
that
occurred
incident
the
the
circumstances
at
questions regarding
surounding the incident that occu¡red at
questions
regarding the circumstances surrounding
the
Timothy Harden
Ha¡den on
on
involving Timothy
Freehold, NJ
NJ involving
Priediane located
at 1017
l0t7 Rt.
Rt. 33,
33, Freehold,
the Priediane
Iocated at
2015. Can
knowledge
what knowledge
words what
September
please tell
own words
us in
in your own
tell us
5,2015.
Can you please
September 5,
A.
w
9”’
vclyplcs
algeiti
the front
entrance. Some
hired to
to screen
We
were hircd
the
in the
timo in
Some time
at the
fî'ont entrance.
We were
screon vehiçles at
for
asked
and
down
.<:ccurity"s
in
cart
aftemnon
came
a
sccurity's
asked
gentleman
for
gentleman
down
and
in al$Tfd cart came
aftemoon a
escort sottleone
assistance.
go. II got
someone and
OK let’s
let's go.
said OK
and II said
to escort
only word
assist¿nce. His
His only
word was
was to
with
a
the
security
and
the
into
guard
golf cart
along with a security guard
proceeded up the driveway
driveway along
into the golf
cart and proceeded
Andrew
gentleman being
being
saw the
the gentleman
of the
the hill
hill II saw
to the
the top
top of
Neeri. As
As we
we came
ca¡ne to
Andrew Neeri.
of the
escorted
the person II was
was
was the
took it
it as
as this
this was
festival. II took
the festival.
esco¡ted by
another worker of
by anotherworker
there
was
no
his
own
he
however
on
assist
to
was
was
no
walking
with,
there
power,
coming
coming to assíst with, however he was walking on his own
20
walked
and
cart
the
exited
that
time
I
approximately 20
golf cart and walked approximately
given. At
support
At that time I exited the golf
support given.
feet
We entered
entered
exit. We
the exit.
gentlemen as
toward the
walking out
out toward
were walking
as they
they were
feet behind
tlre gentlemen
behind the
and
Andrew
I
the
walked
both
and
into
the
back
cars,
through
And¡ew
I
and
the
they
parkingarea
through
walked
back into the parking'area and they both
back to
where we
walked
were working
we were
lhem bothin
both in
kept them
working in
s¡ea. II kept
ficld area.
the open field
in the
walked back
to where
the
road.
closest
to
the
exited
area
as they
A few
few
i as
parking area closest to the road. A
fhey exited the parking
treye shot
shot jrreLiu*ele*rd
and
started
shirt
moments
running
ducking and running
gentleman withoutthe
without the shirt started ducking
by thatthe
that the gentleman
went by
moments went
of the
outside of
around
parking lot.
ran up to
to
lot. II ran
the parking
the outside
on the
Ford Explorer
Explorer on
the vehicle,
vehicle, a
a Ford
a¡ound the
he
vehicle
and
of
the
side
the
the
vehicle
and
the
met
on
and
he
passenger side of the vehicle
gentleman on the passenger
the vehicle and met the gentleman
play
to play
we wanted
wanted to
immediately
ask if
if we
began to
to ask
and began
appearance and
stopped on
on my appearance
immediately stopped
of
the
worker
other
the
think
I
all
I
love
I
of
the
worker
absolutely,
sports.
the
other
replied
úink
rugby,
sports.
I
love
all
replied
absolutely,
I
I
rugby,
about Neptune
festival
remember
don't remember
High School,
School, II don’t
Neptune High
asked him
hiln something
something about
festival asked
he
duck
was
started
squatting with
frozen,
to
he
squatting
again,
with
flozen,
immediately
exactly
what, he inrmediately started to duck agun, he was
exactly what,
Veye
Y
65"’
Prosecutor's
File ( J230
Prosecutor's File
Filed 08/04/16 Page 32 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1269
Brandon Keith
Statement
Keith Cruz
Cruz
Statement of
ofBrandon
°\l0'~I:-Auto.
I
2
J
4
5
‘°\lOxUn.k[g:So
*°\to~u.4>e:i_"'-—
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7
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10
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t3
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24
25
26
27
28
29
30
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32
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34
35
36
37
38
39
40
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42
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43
44
t5
Page
Page 3r
extended out
side' Then
Then he
he
his
to side.
side to
from side
looking from
he.was looking
and hewas
to his
his side
side and
out to
arms extended
his arms
and
I
side
driver
as
the
vehicle
to
of
the
the
around‘
and
as
I
darted
rear
driver
side
completely around'the rear of the vehicle to the
darted completely
get to
he was
to the
the driver
driver
As II get
the vehicle.
vehicle. As
followed
a¡ound the
back around
was already
coming back
already coming
followed he
he
and
him
face
to
around
punched
turned
purched
and
I
he
around
he
and
me
him
came
comer
to
face
rear
around
and
I
turned
me
he
came
around
rear comer
arould
anns around
in my þe
wrapped my arms
me
left cheek.
cheek. II wrapped
face with
in my left
ha¡rd in
right hand
with his
his right
me in
I
wanted
to
of
the
the
into
him
rear
Explorer,
turned
I
I
wanted
to
and
level
chest
at
his
torso
his torso at chest level and i turned him into the rear of the Explorer,
his
I
where
is
this
and
legs
grabbed
this
and
create
point and this is where I grabbed his legs and
at this point
us at
no distance
distance between
between us
crearo no
tried
I
to
and
then
back
his
rolled
he
then
on
and
side
his
I
tried
to
him
to
and
then
back
his
on
rolled
then
he
just dropped
arrd
dropped him to his side
so II proceeded
use an
an armbar
to use
armba¡
proceeded to
mount
got over
over so
leg never
never got
to subdue
subdue him,
hím, my leg
him to
mount him
Andrew
his
other
arm.
grabbed
grabbed
to
Andrew
for
and
I
grab his other arm. A¡drew
on
yelled for Andrew to grab
his right
amr and I yelled
right arm
on his
this
At this
his
resisting. At
right arm
stopped resisting.
he stopped
and he
arm and
arm, II continued
his right
to hold
hold his
continued to
otheiarm,
his other
he
what
remember
was
don’t
I
but
normal
he
in
manner
what
was
started
he
a
remember
don't
I
talking
but
manner
point
a
norrnal
point he started talking in
gUy. At
At some
some
big guy.
he was
was aa big
because he
him because
saying, II was
holding him
concemed holding
was more
morc concerned
iaying,
his
He
was
resist.
started
to
curling
he
and
his
him
was
curling
point
again and he started to resist. He
point something
aggravated him again
something aggravated
to
the
off
lift
ground
to
Andrew
and
ground
both myself
to
arms
myself and Andrew to lift up off the
was causing
causing both
amls which
which was
the
forearm
to
force
more
to
I
forearm
the
touched
to
backs
force
put
where
proceeded
more
our
proceeded
to
together.
I
where our backs touched together.
kept my
and II kept
and his
resisting and
stopped resisting
ground and
he stopped
and he
it to
to the
the ground
elbow and
and forced
forced it
and
his elbow
him
and
again
down.
aggravated
him
hold
again
and
Something
his
him
chest
arm to
to hotd him down. Something aggravated
on his arm
chest weight
weight on
his
to
leg
he
was
get his leg.
he
tryine to get
g¡rmnast, he was trying
like aa gymnast,
all the
tlre way
way up like
his legs
legs all
brings his
he brings
and
times
3
2
around
or
this
did
he
off
of
and then
then
times
2
or
3
head
to
him,
me
around
around
this
did
he
push
him,
push
me offof
lny head to
around my
if
asked
they
his
Somebody
they
asked
if
know
I
legs.
don’t
who,
grabbed
Somebody
legs.
else,
somebody else, I dón't know wüo, grabbed his
somebody
as calm
calm as
as the
the
should
not as
point he
he was
was not
yes. At
this point
At this
police and
replied yes.
the police
and II replied
call the
should call
I
then
and
around
he
and
he
other times
moving around and then I
was moving
sfrong and he was
as strong
h" was
was not
not as
times and
other
-d saying
II don’t
be
OK.
to
is
but
how many but
know how
rememberhim
going
don't know
everything
going
be
OK.
to
is
rernember him saying everything
and
of
actions
calming
those
resisting
and
calming
of
him
several
resisting
of
there
repeating
actions
were
those
p"rio{r of him repeating
there were r"u"r"l periods
noticed Daniel
At some
Castillo,
Daniel Castillo,
point II noticed
down.
soms point
stòp. At
y"iting for
to stop.
for him
him to
stâ¡ted yelling
dor¡m. II started
I
that
was
the
arm
take
him
to
I
asked
and
on
arrived and I asked him to take the arm that I was on
another
guardanived
security guard
another security
sit
this
to
Daniel
on
told
I
and
this
We
to
sit
on
exhausted.
Daniel
positions
becauseI
I
told
changed
was
positions
and
because I was exhausted. V/e changed
back
next
take
right
and
a
I
steps
couple
did.
he
right
next
what
back
is
and
that
steps
cotrple
a
arm
get
guy’s arm and that is what he did. I get up and take
guy's
noticed
that
and
I
face
his
and
on
blood
noticed
that
that
I
there
was
and
spit
noticed
and
I
to
io Daniel
baniel and I noticed that there was blood and spit on his face
I
also
onto
his
of
nose
out
people.
blood
he
blowing blood out of his nose onto people' I also and blowing
spitting blood
blood and
was spitting
he was
grab his
to grab
his jaw
down
blood
proceeded to
thatI
had
noticed
then proceeded
Daniel then
arm. Daniel
left arm.
noticed that I ñad blood down my left
blood
spit on
on him
him
getting blood spit
and
not getting
was not
so he
he was
him so
from him
face away
away from
his face
to force
force his
and ear
ear to
1I
At
one
arrived.
point
the
officer
until
point
in
At
one
and
stayed in until the ofhcer arrived.
position we
we stayed
the position
was the
and that
that was
to
he
and
blood
of
lot
proceeded
advised him
officer arrived,
was aa lot of blood and he proceeded to put
that there was
him thatthere
arrived Ilã¿v¡sed
officer
another officer
to arrive
a¡rive
advised that
officer to
for another
to wait
wait for
on
wanted to
he wanted
gloves. He
tl¡at he
He advised
his gloves.
on his
contact
made
he
When
in
eye
contact
all
made
him
he
position.
stayed
we
position.
Whcn
so
before
handcuffing him so we all stayed in
before handcufling
to
able
move.
wasn‘t
he
but
little
move.
resist
more
to
started to
the officer
with
to resist aa little more but he wasn't able
he-sta¡ted
ofücer he
with the
2”‘ officer
for the
arrived
the-2nd
yelle.d for
ofñcer
oflicer
another
after
officer yelled
initial officer
the initial
and the
Shortly
anived and
another
officer
Shortly after
wrist
his
have
could
the
scooted
his
wrist
officers
so
have
believeDaniel
could
I
his
of,ficers
up
the
so
grab
gloves. I believe Daniel scooted
g¡ab his gloves.
immediate]y put my knee
his slemtun
stemum
across his
to resist
knee across
then he qtar(ed to
and
again, II immediately
resist again,
an¿ ttreohe
At
5011]!)
down.
him
point
to
poin{
somc
in
keep
At
his
chest
an
attonrpt to kecp him down'
put my rlffS across his o[est in an attempt
t')V"'to
took
1
then
'171Þt:oput
h:tndcul'fhim.
""ross
could
he
him so
roll him
to roll
he wanted
officer said
the officãr
so he oould handcuffhim. I then took my
wanted to
said he
the
asked Daniel
Daniel
side' II asked
and put it
on the
right side.
his right
knee
ground along
along his
the ground
at on
it at
chest a¡rd
offhis chest
knee ofi"his
his
him
onto
roll
to
and
his
onto
his
arm
began
took
him
roll
I
and
stand
to
right
began
to
and
to
arm
slowly sta¡rd and I took his right
to begin
begin to slowly
staged
W
Tì^'
(i
Prosecutor's
Prosecutor's File
File ( 231
31
Filed 08/04/16 Page 33 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1270
Statement
Keith Cruz
Statement of
of Brandon
Brandon Keith
Cruz
Page
Page 4a
armbar becausehe
point
and at
at this
this point
to resist
resist and
started to
belly.
put his
an armbar
because he started
arm in
in an
his right
belly. II put
right arm
the
couldn’t
I
other
see
his
II hear
arm
arm, I couldn't see the arm
yelling for
him to
to release
release his other arm,
the ofiicers
ofücers yelling
for him
hea¡ the
arm up to
because
to the
the
bring his
his ar¡ri
to bring
began to
turned towards
him. II began
towards him.
back was
was turned
because my back
of
hold
the
ofiicer
take
the
then
I
and
his
back
held
it
there
right
of
and
saw
center
hold
of
the
right
center of his back and held it there and then I saw the ofücer lake
know
how
don’t
back.
I
had
and
I
released
that
I
arm
cornpletely back. I don't know how
so I released and stepped
stepped completely
ann that I had so
I
2
J
4
5
6
7
I
9
l0
ll
t2
l3
t4
l5
ló
1'7
18
t9
20
2t
2
23
24
25
26
27
28
29
30
3t
32
33
34
35
36
31
38
.>€@,p
a.
have you been
How
Security?
with Griflin
Gdffin Security?
been employed
employed with
How long
longhave
A.
On and off for 22years.
years.
Onandofffor
a.
What
your job title
is your
Security?
title with
with Griffin
Gdffin Security?
What is
A.
Supervisor.
Supervisor.
a.
Security?
Please
Griffin Security?
with Griffin
your responsibilities
a Supervisor
Supervisor with
as a
responsibilities as
Please describe
describe your
A.
@?>'.O
client. As
am
We’re
supervisor II a¡n
security to
As aa supervisor
provides security
to a
a client.
sect¡rity that
that provides
We're contracted
conüacted security
site and
maintain
and maintain
on site
point of
the client
client on
responsible
contact for
for the
of contact
to be
be the
the point
responsible to
of
staff.
supervision ofmy
my staff.
supervision
a.
How
performing security
fi.rnctions?
security functions?
been performing
long have
have you been
How long
A.
for 15
On
15 years.
O¡r and
and ofi
offfor
a.
what was
was his
When
demeânor?
his demeanor?
Mr. Harden
Harden what
initially contacted
contacted Mr.
first initially
lVhen you first
A.
and appeared
appeared to
He
be calm.
calm.
to be
cigarette and
smoking aa cigarette
was walking
walking and
and smoking
He was
a.
do you recall
recall
You stated
ducking around
Explorer do
the Ford Explorer
around theFord
&ganducking
that lvfr. Harden
Harden began
You
stated thatMr.
behavior?
this
initiated
have
could
that
behavior?
anythinghappening
anything happening that could have initiated thís
A.
II don't
don’t know.
know
39
40
4t
2. II saw
officers were
can of
of pepper
saw the
the can
than2.
more than
many
but there
was more
therc but
there was
many offîcers
were there
I
and
this
there
is
scene
advised
I
and
pulled
out
my guys
pulled
come
I
and
scene
is
there
my
guys
this
spray
spray come out and I advised
the
all
walked
and
lot
of
the
side
that
all
We
on
way up the
the
the
stayed on that side of the parking
parking lot and walked all
away.
away. We all stayed
because
there
the
to
scene
unable
of
the
see
of
view
I
out
driveway
was unable to see the scene because there
scene. I was
driveway out of view of the scene.
several
car and
was
and several
I't officers
officers car
golf carts,
the 15‘
was the
vehicle, II believeit
believe it was
many golf
carts, 1I vehicle,
was many
also couldn’t
was
because I was
anything becauseI
hear anything
patrons and
couldn't hear
the tent.
workers under
tent. II also
and workers
under the
ambulance
thenI
and
an
saw
officers
far
from
the
were
More
arriving
too
scene.
an
ambulance
too far fiom the scen€. More officers were ariving ar¡d then I saw
arrive. At
and II
scene and
on the
t}te scene
pararnedics on
point II looked
the paramedics
looked up and
and saw
saw the
At some
anive.
some point
don’t
got there.
there.
when they
they got
don't recall
recall when
42
43
14
{DH/’
þv\.--
(i
Prosecutor's
File ( 2322
Prosecutor's File
Filed 08/04/16 Page 34 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1271
Brandon Keith
Statement
Keith Cruz
Crue
of Brandon
Statement of
Page 5s
Page
\1OU-I:Lul.
a.
would you
how would
During
he hit
hit you how
after he
your interactions
Harden after
with Mr.
Mr. Harden
interactions with
During your
his
behavior?
describe
describe his behavior?
A.
aggressive.
He
and aggressive.
strong and
to extremely
extremely strong
calm to
from being
being calm
erratic. He
He went
wrnt from
He was
was erratic.
a.
Do
was?
he was?
acting the
the way he
know why
why Mr.
I{arden was
was acting
Do you know
Mr. Harden
A.
and enatio
erratic behavior
II don't
don’t know.
he was
was on
would say he
on
behavior II would
upon his
his strength
strength and
Based upon
know. Based
of
some
drug.
some type
type of drug.
I
2
J
4
o\.1xu4~t,;N_°
5
6
7
E
u3m's.§S’E;fig‘¢lLtk_wN,M
9
10
t1
t2
I3
14
l5
l6
1',l
l8
l9
20
2l
1,2
23
24
25
26
27
28
29
30
a.
Can
Mr. Harden?
describe Mr.
Harden?
Can you describe
E1’
A.
225 lbs., extremely
White
that we
time that
we
At the
the time
probably 6’2,
muscula¡. At
extremely muscular.
6'2,225 bs,
White male,
male, probably
hair
blonde
short
clean
found
shaven, short blonde hair
shorts on, clean shaven,
him he
he only
only had
had shorts
found him
a.
Can
punched you.
Harden punched
please describe
how Mr.
Mr. Harden
describe how
Can you please
A.
It
left cheek.
cheek.
a right
right hook
to my left
hook to
It was
was a
a.
Did
sustain any injuries
Harden?
Mr. Harden?
with Mr.
interaction with
injuries from
from your interaction
Did you sustain
A.
Slight bruising
left cheek.
cheek.
to the
the left
Slight
bruising to
a.
Did
left cheek‘?
cheek?
to your left
itjury to
for the
the injury
medical treatment
treatment for
require any medical
Did you require
A.
No.
No.
a.
Have you ever
Hmden?
prior contact
with Mr. Harden?
contact withMr.
ever had
had any prior
Have
?’r.O>»/_
A.
3t
32
33
34
a.
Did
attending to
Harden?
to Mr.
Mr. Harden?
personnel attending
observe the
the EMS
EMS personnel
Did you observe
A.
the ambulance.
a¡nbulance.
into the
and put into
Only
raised and
being raised
he was
stretcher being
when he
was on
on the
the stretcher
Only when
a.
andlor
speaking and/or
was he
he speaking
Mr. Harden
Ha¡den was
During
interaction \¡/ith Mr.
tåe course
cou¡se of
of your interactionwith
During the
statements?
making
any
statements?
making
A.
OK. That’s
that II
thing that
Yes.
the only
only thing
That's the
going to
be OK.
to be
is going
of everything
everything is
Those words
words of
Yes. Those
him saying.
remember
saying.
rememberhim
35
36
37
38
39
40
4t
42
in. He
He was
was
working in.
parking area
ws were
were working
area we
Early
the parking
walking the
morning he
he was
was walking
this morning
Early this
with.
in
contact
he
that
came
to
he
contaot
with.
in
everybody
was
came
he
talking
extremelyfiiendly,
that
everybody
to
talking
friendly,
he
was
extremely
Before
never met
met him.
him.
today II never
Before today
A43
14
4*.45
fibux
þv1/-
Prosecutor's
33
File 0 233
Prosecutor's File
Filed 08/04/16 Page 35 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1272
u.:>LN_°\,o‘UAw
Brandon Keith
Statement
Keith Cruz
Cruz
ofBrandon
Statemcnt of
Page
Page 6o
I
a.
Is
time?
at this
this time?
statement at
this statement
to add
add to
to this
else you want
want to
Is there
tlere anything
anything else
3
A.
A.
No.
No.
)
4
5
6
7
'_‘"“
I
9
§gK3-l~.)N_,
10
II
12
13
l4
'-‘C>\DOe)o
15
¡6
t7
l8
2015; 9:15
PM
9: I 5 PM
5,2A15;
l'YPlN(j
Septernber 5,
Saturday. September
AND ''l1 IME:
lMË: Saturday.
DA l'H AND
CONCLUDED - DATE
I'YPINC CONCLUDED
—
EVIEW
S‘lAll:'Ml:'N'l
S
I A I EME,NI R
REVIHW
AND
URË.
ANIJ Sl(J'NA'l
SIGNA'I UR};
of 66 pages; each
initials
bears my initials
II have
each page bears
consisting of
this statement
read this
statement consisting
bave read
that the
I
and
certify
in
handwriting;
initialed
own
corrections
including
including any corrections initialed in my own handw¡iting; and I certifr that the
facts
true.
herein are
are true.
facts contained
contained herein
t9
20
2t
1',t
DATEAND
DATE AND TIME:
TIME:
0/1 - 5-’
Tot5"
Ç- 1°‘?
'
"'31
0t1
1lz ‘M
23
24
fee “":;:r,_._cn
25
26
Iirandon
Brandon Keith Cruz
27
28
I
29
30
U.3t
) u.
us32to
LAJUQKlt__“
__
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W”
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i
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SUl‘I’Ll-ZMENTINGOFFICER
SUTFLEMI'N'TING Otr'Ff CER
_'f'_'
._
___‘____ __:_
“W
___w
"___:
’____'_
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SIçNATURE
__QF‘FlCERS
Otr'FICE.RS SIGNATURE
APPRQVING OFFICER-SIGNATURE
OFTTCER SIGNATURE
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w
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A
H:
_4A_
77
-—
,:;:
'§hu:avfMEr~?!t4'£iiEii\ZE -1 ':..-1‘
The—§owe11
requesting an"
an
9-1-1 call
call requesting
Twp. Police
Cenber récé{3éa”;
re ceiwed. a 3:1-1
ConumraLcatLons Center
Pol"lce Comunications
Howell Tvqp,
The
õr¡nknov¡n
influence
the
be
under
to
that was
for a
ambulance for
of an
an “unknown
a subject
eubject that
was believed
bel lewed to lre under the lnfluence of
arnbulance
nhoslíIe.r Officers
Ptl . Nicholas
Nieholas
substance"
,James Conaty
Conaty Jr.
#644, Ptl.
Officers James
and was
acting "hostile."
was acting
subsÈancen and
'fr. #644,
Ptl.
and
Vincent
#647,
Bonner
Ptl.
Michael
Austin
Daníel
PtL, Michael Migdon
Mígdon #645,
#645. Ft,l. vínceat Bot ner #64'l' a¡d Ptl. Daniel
.1ustin #654,
#654, Ptl.
was dispatched
arrived on
as
dispatched as
PbliÇe EMS
EMS unit
unit was
lwp- Police
Murphy
HoweLl Twpon scene.
The Howell
sÇene. The
Murphy #643
#643 arrlved.
well.
well".
d9ecurity is
ls
dtspatch¡ "Security
from HTPD
HTPD dispatch:
original
call details
debai.J.s from
caLl- had
had the
the following
followiag call
origínal call
Tim.
Tim
of
the
name
holding
dowtt by tåe :rame of Tím, Tím
súbject down
hoTdlag aa subject
became
the influence
lnfluence
very hostile
he may
may be
be under
under the
bhey think
hoøt!"Ie they
think he
became very
10-18.
a
substance.
unk
are
‘of
requesting
weapono
No weapons
of aa unk subsåance. They ar€ requestl.ng a 70'78. No
or
CaJ.Ter is
Eleni —
anyone. Caller
ls Eleni
to anyone.
or injuries
lnJurles to
The
Íhe
nMedícer for
on "Medics"
for
updaÈe on
an update
regì¡eebíng an
were requesting
scene were
Upon
Èhe officers
officers on
öB scene
learníng the
Upon learning
realized
the
I
as
location
this
as
well,
to
to
I
reaLized
the
I
$re11'
as
fsedation
as
respond
began
thig
locaÈíon
purposest I began to reopond to
eedation purposes;
the
first
aid
made
on
was
This
initial
escalated.
the
had
flrgt
ald
request
situation
made
on
was
requeet
obviously
situaÈíon had obvíousJ-y escalated, Thj-g inj-tíal
channel
by an
an EMT.
BflI .
cha¡.nel by
1520
Hrs. r
1.520 Hrs.:
staff,
securíty staff,
officers, security
içloweli Officers,
v¡ere the
aforemènbÍoned Howell
Upon
bhere were
the aforementioned
arrival-, there
Upon my
my arrival,
the
in
field;
There
coming
were
location.
fieLd;
coming
parking
Medics
and
Lhe
people
on
parking
in
Howell
EMS,
were.people
There
on
location.
l{owe1l m{S, and, Medics
CPR
ambulance'and
was
the
in
being
The
was
the
male
event.
and
CPR
wae
being
to
ambuJ-ance
subject
and
the
r¡as
ín
The
male
going
going
the
ewent.
subJect
to
and
performed.
on scene:
scerre:
officers on
from officers
the following
following from
I learned the
gecuriLy) were
l-ater
eubjecb, later
¡nale subject,
(Gríffin Security)
to escort aa male
attempting to
Security
were attempting
staff (Griffin
SecuriLy staff
of
One
the
from
t'he staff
sbaff
properby" OrIe of the
identified as
(llge:38 W/M),
f^l/M), frsecuEr'
s‘ ‘File’
F¡le O§40
0240
Prosecutor's
Filed 08/04/16 Page 42 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1279
Department
Howell
HoweLl Township
Police Department
lownehip Police
NARRATIVE
,TR
,JÀMËS CONATY,
CONÀTY' JR
¡ÍARRATI FOR
FOf. PTL.
PTL. JAMES
Ref:
Ref: 15-397l5—OF
1-5-39715-OF
09/O7/2015
A9/07/20Ls
09/08/2015
09/08/20L5
Approved:
.Approved: 09/O8/2015
O9/a8/20:-5
Entered:
htered:
Modified:
llodified:
Page:
Page:
22
Entry
Íп 644
i.030
644
EnÈry ID:
644
ModLfíed ID:
fD: 6441
1016 Modified
239
Àpprowal ID:
I.Ðt 239
1355 Approval
@ 1030
@
@
@ 1016
@
@ 1355
incredible
weight to
body weight
my entire
entire body
to
strength for
ft took
took my
for someone
of his
his size.
size. It
incredibl-e strength
someone of
which
made
and
control
Harden's
shirtless
Harden
one
arm.
was
profusely
sweating
profusely
which
arm.
Harden was shirbless and
control Hardenrs one
and
strain
continued
difficult
to
control
He
him
to
of.
attempt
t.o
keep control of, He continued to sCrain and åtLempb to
him extremely difficult
Eo keep
himself
free.
hís back
back however
however
pull
behind his
pull himself free. Harden
his hands
Harden was
was ordered
hands behind
ordered to
to place his
he
in the
spray in
the
with OC
OC spray
harder from
from my
Harden with
my control.
sprayed Harden
he pulled harder
control. II then
then sprayed
said
he
he
continued
what
facial
said
however
“I'm
done"
Harden
despite
region.
said
he
continued
he
reglon.
what
done"
facial
Harden said "rtm
however
to
had no
no effect
effect on
on
pull his
OC had
was clear
the OC
his arm
my control.
clear the
to actively
actively pull
arm from
from my
control. It
It was
his
to
due
his
back
Unable
his
behind
to
Harden.
overwhelming
arms
Harden. Unable to manipulate hie armË behind his back due to his overwhelmÍng
his chest
wiLh my
my knee.
knee.
strength
of his
chest with
side of
was forced
forced to
him in
in the
to strike
strike him
the right
rÍght side
strenglh IT was
it
and pulled
This
pulled it under
pulted his
under his
his
arm free
had no
effect and
his arm
free and
no effect
and he
he successfully
successfully pulled
This had
I
was
if
he
determine
to
no
torso.
Having
possessed
k¡eapons,
I
was
weapons,
any
any
opportunity
Having
opportuniLy
if
he
no
eorso.
to delermine
strike the
stomach. II was
forced
to strike
forced to
the
was forced
to retrieve
retrieve his
from under
l¡is stomach.
his hands
hands from
under his
forced to
with
face
his
of
his
side
of
the
which
was
knee.
only exposed part
parb of his body
my knee.
right síde of his face wibh my
body which was bhe right
This
control of
of his
his
in gaining control
again had
no effect.
strike again
had no
Ptl. Austin
Ausbin assisted
assisted in
This strike
effect. Ptl.
Austin
Ptl.
Migdon, PLI. Austin and
arm with
and
point in
in time
time Ptl.
Pt1. MÍgdon,
baton. At
bhis point
Lhe expandable baton.
At this
arm
wÍth the
secured
Harden
in
Harden.
was
eventually
Bonner
Ptl.
handcuffing
began
secured
assisting
Harden
was.eventually
assisting
Harden.
in handcuffíng
Ptl. Bonner
with
of sweat
sweat on
on his
his
the amount
amount of
a¡rd the
Ðue to
to his
his incredible
incredible strength
strenglh and
my handcuffs.
handcuffs. Due
with my
officers
four
with
took
do
several
seconds
to
it
presentbody
even with four officers present.
so. even
body it t,ook several seconds lô do so,
calmed down
down
securing him
Harden calmed
his side.
was laid
side. Harden
him in
in handcuffs,
handcuffs, he
he was
1aíd on
on his
other
for
each
check
to
on
stood
We
and
Harden
for
oLher
disengaged
momentarily.
up to check on each
Harden and stood up
momenlarily. We
a large
blob stuck
st,uck
thick bloody blob
injuries.
poinE in
).arge thick
It was
thíE point
in time
noticed a
ínjuries. It
was at
at this
Lime II noticed
the
had
Before
blood on
and blood
to
opporbunity
we had t,hê opportunity
pant leg
on my
shirt. Before we
leg and
my uniform
uniform shirt.
to my
my right pant
and kick
to
violently, It
rt
feet violently.
his feet
kick his
up, he
he began to
to flail
flail his
his body
body and
sit Harden
Harden up,
to sit
his
to
would
he
him.
his
under
feet
get
he
to
get
Fearing
was
would
he
to
his
trying
get
get
appeared
to
his feet under himappeared he was
or run
feet
run
our position, or
from our
on Rt.33,
was only feet
feet from
run into
inlo traffic
traffíc on
Rt.33, which
whích was
and run
feet and
forced
to
were
we
himself
lot
active
or
someone
the
into
eLse, wê were fÕrced to
hurting himself or someone else,
into the actiwe parking lot hurting
him and
secure
restrain him
and
him, restrain
prompted officers
Lo engage
engage him,
further. Harden
him further.
Harden prompted
officers to
secure him
I
on his
was forced
forced to
legs I was
to
his legs
place zip
the cuffs
cuffs on
on his
legs. While
cuffs on
hÍs legs.
While placing the
zip cuffs
him
from
and
to
his
head
spitting
of
hair
the
back
of
Harden’s
ahold
take
on
spitting
stop
him
from
and
to
sËop
take ahold of Harden's hair on the back of his head
noticed
again noticed
blowing
While doing
so II again
doÍng so
on officers.
thíck bloody mucus
officers. While
the thick
ûucus on
blowíng the
and
still
severe
His
incredible
Harden’s
our
was still severe and hampering our
strength. His sweating
sweatíng was
Harden, s incred.ible strength.
control and
hÌmself hr:rt ing himself.
ability
resL'rai n him
him from
from hurting
lo control
abi l i ty to
anri restrain
After
Àfter
scene after
Howell
were advised
advised of
They were
of
Pll. Murphy.
Murphy. They
after Ptl.
EMS then
arrived on
on scene
PD EMS
then arrived
Twp. PD
HoweÌl Twp.
for
a
formulated
and
assessed
Harden
transport
a
the
as he
he
plan for a transport as
we formulated a plan
situatíon, assessed Harden and we
the situation,
so Harden
could
on his
doing so
Harden
While doing
car. While
transporced on
in aa patrol car.
be transported
stomach in
not be
his stomach
could not
A
continued
direction. A
our direction.
mucus in
in our
fIail violently
bloody mucus
to flail
violenLly and
and spit
spít bloody
continued to
was
was placed over
Harden was
respiratory mask
stop the
the spitting.
spicting. Harden
to stop
mask was
his face
face to
over his
into
the
dirt.
face
his
the
face
his
in
mask
from
rubbing
t.he
successful
face
ínto
dÍrt.
by
his
successfuJ in removing the mask from his face by
I
#w4—~
mu
"-1".
_
F-’ros_ecutor'
'i e_ f)2zi1
Prosecutor'ss'FFile
0241
E
Filed 08/04/16 Page 43 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1280
Howell
Howell
Ref:
Ref r
33
CONATY, JR
NARRATIVE
dråMES CONÀT1¡,
NARRåTIVE FOR
fOR PTL.
PTIr. JAMES
'fR
15-39715—OF
L5-397L5 -OF
09/0'7/2015
09/07/20L5
09/08/2015
09/08/20L5
Approved:
J\pproved I 09/O8/2015
o9/08/2oLs
Entered:
Entered:
Modified:
ModÍfied:
Page:
Pager
Township
Ðepartment
Police Department
Townehip Police
Entry
644
rD: 644
Entry ID:
X030
644
fDl. 644
Modified ID:
1016 Modified
239
ÍDz 239
Approval ID:
1355 Approval
@
@ 1030
@
@ 1016
@
@ 1355
f1ai1
to flail
began to
he began
transport he
for the transport
to
himself,
would
he
it
where
injure
the
to
hirnself,
appeared
would
point
uncontrollably
he
poinl
where
appeared
to
the
it
uncontrollably
shouldersdislocating one
of his
of his
his shoulders.
own bones
one of
one of
or d.íslocating
bones or
specifically
his own
by breaking one
specifically by
and
tensed,
he
him
flexed,
While
and
tensed,
his
restraining
f
lexed,
own
He
trancport. While restraíning him he
He delayed hj.s or','n transport.
break
the
would
he
it
where
the
Lhe
to
screamed
poÍnt where ít appeared
appeared he would break
r:ncontrollably, Eo the point
screamed uncontrollably,
fits of
requiring
restraints
rage requiring
was in.
of rage
bebween fits
alternaLed between
his was
in, Harden
Harden alternated
restrainLs his
the
of
himself
free
to
his
restraínts
to
officers
ttre restraints
intervention
of
attempts
free
stop
himself
to
by
his
attempts
by
to
stop
officers
intervention
outnumbered
the
of
fits
the
noted
be
outnumbered
the
should
rage
calm.
It
relative
of
of
tage
and
fíts
the
periods of relative calm. It should be noted
and periods
of
calm.
moments
moments of calm.
ín
remained in
time II remained
A
llt this
this time
on Harden.
Harden. At
and placed on
was retrieved
ret-riewed and
mask was
A spit mask
Medics
MONOC
incident.
the
of
conclusion
MONOC
the
Medics
until
left
Harden’s
of
arm
incidentof
Lhe
control
control of Harden,s left arm unEiL the conclusion
Several
minutes
Harden.
sedate
to
able
be
minuÈes
Several
learned
I
after
were
may be able lo sed.ate Harden.
were requested afLer f learned, they may
and
sit'uation and
later
of the
the situation
were advised
They were
advised of
scene. They
orr scene.
arrived on
Medics arrived
Iater Medics
and
violent
still
which
was
and
and
deamnor
attitude,
Harden's
violenb
which
was
stiIl
acknowledged
and
attiEude,
s
deamnor
Harden'
acknowledg,ed.
his
make
and
transport
to
ease
sedative
LransporE
for
his
made
a
A
was
make
and
to
ease
request
for
a
sedative
unpredictable.
unpredicta.ble. À request vras made
contact
made
medics
the
of
one
conEact
medics
made
The
medics
for
the
agreed.
scene.
on
of
safer
One
safer for everyone on scene, The medics agreed.
then
medic
That
sedative.
of
the
then
use
a
authorized
medic
who
That
with
on call
call doctor
the on
doctor who authorized the use of a sedatiwewith the
sedative.
the
be
to
It
preppin.g the sedative' It
Came
who appeared t.o be prepping
wiLh his
his partner who
spoke with
and spoke
back and
came back
in
this
At
point
point
breathing.
had
Harden
in
At
this
noticed
time
that
stopped
this
we
breabhing.
at
sLopped
was
had
we
noticed
Harden
time
that
was at thjs
just' seconds
should be
seconds
thaE just
noted that
be noted
time
It should
gtríp on
arm. It
lefc arm.
on Harden's
Hardenrs left
loose grip
had aa loose
time II had
restraints.
the
in
and
had
been
he
struggling
the
restraints,
breathing
in
prior he had been breathing and
in the
EMS
HTPÐ EMS
the HTPD
Harden
and loaded
loaded in
the stretcher
stretcher and
on the
was immediately
immedíateIy placed on
Itarden was
and
Kuppler#245
Sgt.
aid.
Kuppler#245
rendered
Sgt.
Medics
and
and
Sgt.
EMT’s
Weg#238,
where
Weglt238,
ambulance
Sgt.
rendered
aid.
ambufance where EMT,s and Medics
then
transported
EMS
arrived
scene.
on
then
transporEed
officers
then
additional
EMS
and
<>n
scene.
pabrol officers then arrived
and additional patrol
was
Officer was
PrÕsecutor's Officer
Harden
County Prosecutor's
Monmouth County
Jersey Shore
Center. Monmouth
Medical Center.
to,tersey
Shore Medical
Harden to
and
Ptl.
Bonner,
Ptl.
Murphy,
Ptl.
and
Bonner,
Ptl'
Migdon, Pt1. Murphy,
summoned
Myself, Pt.1. Mígdon,
later responded.
responded. Myself,
and later
summoned and
We
were
cleared.
officers
additional
ptl , Austin
Ptl.
the additional of f icer:s clear:ed. We were
af t.er the
secured the
the scene
ecene after
Austin secured
to
and
the
from
relieved
scene
responded
bo Headquarters.
lfeadquarterslater
responded
and
Jater relíeved. from the Fcene
officers'
other officers’
t-he other
on the
further on
for further
See
reports for
and" supplemental reports
See attached
attached paperwork and
vehicle
#28.
MVR recording was
involvements.
in vehicle #28'
wâs generated in
Än &fi/R
inwolvements. An
Whenever we
we attempted
attempted
Whenever
to move
môve him
him for the
644
644
_
“hm”
'
W"
Pgs
lle>
Prosecutor's
File 62112
0242
Filed 08/04/16 Page 44 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1281
Page:
Page:
Township
Departmenb
PolÍce Department
Townshíp Police
Howell
HoweJ.l
1
1
FOR DET.
SUPPLEMENTAL
ORTENZT
ROBERT oarenzr
DET. ROBERT
NÀRRå.ITTVE TOR
STTPPLEMEIf,TÀT, NARRATIVE
l5—397lS—OF
Rem
Ref¡ l-5-397L5-OF
Entry
604
lD: 604
Enhry ID:
Modified
243
LD¡ 243
Modtf,ted ID:
Approval
243
ID: 243
Àpproval ID:
09/06/2015
09/06/2075 @@ 0002
0002
10/21/2015
1026
IO/2L/20L5 @@ 1026
Approved:
1t26
LO/2L/2ALS @@ 1026
Àpproved: 10/21/2015
Entered:
Enbered:
Modified:
ModLfíed:
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DSgt.
call from
from DSgt,
2015 at
teiephone call
On
uty, II received
received aa telephone
off dduty,
while off
at approximately 1558hrs. while
Septernber 5,
On September
5,2015
with
assist
regarding
male
an investigation
investigation regarding aa male
police headquarters
to assist with an
to police
headquarters to
respond to
advising me
Antunez advising
me to
to respond
Christian Antunez
, Christian
while
and
with
personnel
who
security
J.
Harden
persorurel
whiie
was
identified
later
police
fighting
security
as
police
and
with
subject,
Timotþ J. Harde¡¡ who was fighting
subject, later identified as Timothy
that Mr.
said thatMr.
DSgt. Antunez
Antunez said
NJ). DSgt.
Howell, NJ).
(1017 Rt.
Rt. 33
33 Howell,
attending
the Predaine
Predaine (1017
at the
type of
of music
music concert
concert at
some type
attending some
Det.
Nagy was also
also
ChristopherNagywas
Harden
performed. Det. Christopher
being performed.
unresponsive and
was being
CPR was
and CPR
unconscious and
and unresponsive
became unconscious
Harden became
the
to
scene.
responding
respoûding to the scene.
.-_.,.
.____._--____-
,.
_
Antunez who
the following:
follou"ing:
me of
of the
II responded
who advised
advised me
gt. Anlunez
and met
mst with
wÍth DS
DSgt.
to Police
Police Headquarters
Headquarters and
responded to
stated
The caller
caller stated
the P¡edâine. The
At
at thePredaine.
subject at
diso¡derly subject
dispatch received
reference to
to aa disorderly
in reference
a call
call in
received a
,{t l452hrs.
14j2hrs. dispatch
'When
back
“Then
back
arrived they
back up
upmore back up.
that
subject. When
pahols arrived
they requested
rø¿uested more
security was sitting
When patrols
on the
the subject.
sitting on
that securify
and
unit
requested
EMS
Police
responded
Howell
requested
The
control.
of
and
still
out
the
unit
responded
Twp.
arrived
was
EMS
subject was still out of control. The Howell Twp, Police
arrived the subject
went into
into
"advanced crisis".
subsequently went
the subject
subject subsequently
and the
the scene
to the
scene and
responded to
Paramedics responded
crisis". Paramedics
paramedics
paramedics for
foi,'advaoced
cardiac
the hospital.
at the
hospital.
pronounoed dead
dead at
was later
later pronounced
and was
arrest and
cardiac arrest
Sgt.
Police Sgt.
Howell Police
with Howell
we met
met with
where we
the Predaine
Predaine where
to the
DSgt.
andlI immediatelyresponded
immediatelyresponded to
A.ntunez and
DSgl. Antunez
Crimes
Unit.
Prosecutor's
Major
Office,
Monmouth
of
the
Crimes
UnitMajor
Ricciardi
County
Detective
Pamela
Ofñce,
and
Prosecutor's
Thomas
County
Monmouth
of
the
Weg
Thomas Weg and Detective Pamela Ricciardi
Unit
will
Professional
Responsibilities
Prosecutor's
Ollice,
Unit
will
Monmouth
thatthe
Responsibilities
advised
Det.
County Prosccutor's Office, Pr'fI1:*£Vm1~INÀ¡{E
AIiE>:>_
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y
(NEW/IF CITANGED}
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Daniel_Murphy
,Ir.
Ðaníe1 MurPhY Jr.
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;_
_
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NARR.ATI\rE
over
relayed over
L45Ohrs dispatch relayed
5, 2015
201-5 at
at approximately 1450hrs
September 5,
Harden
identified
as
Timothy
later
Harden
a
person, later identifiêd as
disorderLy person,
a disorderly
at an
an event
event
security staff
staff at
by securíty
(W/M/38/Belmar),
down by
he1'd down
(W/M/3g/Belmar) , who
who was
was being held
also
was
Rt.33).
Dispatch
(1017
also
Latvian
was
Priedaine
(10L7
the
at the Priedaine Latvian Society
located
Rt.33).
located at
unknown
of
an
influence
the
under
advised
possibly under the influence of an unknown
harden was
was possibly
that' harden
advised that
Ptl.
Bonner #647,
PtI. Bonner
#ø+1, Ptl-.
substance.
Ptl. Migdon
Migd.on #645,
Conat.y #644,
#645, Ptl.
PLl. Conaty
#A+A, Ptl.
substance. Ptl.
Howell
well
as
as
the
Police
Austin
localion, as well as Howell Police
to the location,
responded to
and II then
bhen responded
Austin #654
#654 and
On
On
the
of.
radia of
the radio
EMS.
EMS.
the Howell
Howell
followed the
While
Headguarters II followed
Police Headquarters
from Howell
Howell Police
en route
rouLe from
While en
who
was
on
Ptl.
Bonner,
the
was
on
location,
who
neared
I
As
B<>nner,
ambulance.
PLl.
EMS
police EMS ambuLance. As I neared the location,
Police
use
style single
single use
(vinyl , zip tie
tie sbyle
cuffs (vinyl,
paj-r of
flex cuffs
of flex
requested aa pair
scerre requested
cuffs
not
flex
to
due
not
cuffs
This
flex
to
due
response
restraints).
my response
This request
request expedited my
restraints).
and
is
uncooperative
and
the
unless
extremely
uncooperaLive
often
required unless the subject is exEremely
often being required
of handcuffs.
just the
handcuffs.
use of
unable
the use
the just
with the
restrained with
be restrained
to be
unable to
scene
proceeded to
to
and immediately proceeded
cuffs and
flex cuffs
my flex
retrieved my
agival II retrieved
Upon
Upon arrival
Austin
Ptl.
were
and
Bonner
Ptl.
were
Ptl.
Austín
Ptl'
Ptl.
and
where
Bonner
Migdon,
the
Ptt.
Conaty,
area
Pt1:
Migdon,
Conaty,
PLl.
the area where
to the
proximity bo the
restrain Harden.
close proximity
in close
was in
The location
location was
liarden. The
struggling
to restrain
s¿ruggling to
time.
this
at
traffic
which
had
this
time.
(Rt.33).
at
heavy
(Rt.33),
heawy
traffic
whÍch
had
highway
highway
pai-r or
observed him
or
wearing aa pair
be wearing
to only be
him to
I
and. observed
Harden and
therr approached Harden
f then
At
the
in
stature.
muscular
At
the
and
lean
be
to
in
stature'
Harden
very
muscular
very
shorts.
appeared to be lean and
shorts. Harden appeared
’
_
I
M‘
l‘
I
_,_J
Proskec
0245
Prosecutor's File 0245
Filed 08/04/16 Page 47 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1284
128_4
Howell
Howe11
Township Police
Departmenb
Police Department
Township
Page:
Pagez
22
SUPPLEMENTAL
J'&.
MURf'ffy JR.
ÐÀNIEL MURPHY
PrIJ. DANIEL
SUPPLE¡{ENrÀI¡ NARRATIVE
r,OR PTL.
NARRATM FOR
15-39715-OF
Ref:
Ref,: J-5*397L5-OF
Entered:
1Q27
Entered: 09/0'7/2015
09/07/20Ls @@ 1027
Modified:
09/a8/29L5 @@ 1031
1031
Modlfl"ed: 09/08/2015
Approved:
.trpproved.: 09/08/2015
09/A8/20L5 @@ 1355
1"355
Entry
rD: 643
643
Entry ID:
ID:
Modified
643
Modified IÐ: 643
Approval
rD: 239
Àpproval. ID:
239
stomach. He
he was
time
He was
was
hi s sLomach.
ón his
and laying
la ying on
bac and
handcuffed behind hiss back
was handcuffed
LTmÉt-ïe
in
his
an
and
and violently
body in an attempt
attempt
actively and
twisting his body
his legs
legs and twisting
kicking his
violenLl-y kicking
actively
free of our conlrol.
Due
immediately
be immediately
to be
he needed
needed to
Due to
bo Harden's
Harden's violent
violen! behavior, he
to
time
this
at
it
His
actions
made
restrained.
further
to obtain
obbain further
Lime
impossible
at, bhis
restraÍned. His actions made Ít
to
what
led
that
was
circumstances
j-nformation regarding the
information
what
up
up
to
was
previous
led
the previous circumstances Lhat
currently
currently occurring.
With
Bonner and
and
Pt1. Bonner
Hardents legs, Ptl.
Pt1. Migdon
Migdon restraining
restraining Harden's
help from
from Ptl.
With help
for
done
I
fear that
that
was done for fear
This was
in the
the flex
flex cuffs.
cuffs. This
able to
to secure
secure them
them in
were able
I were
Harden
nearby
run into
into nearby
and run
control and
our control
to break
break free
free of
of our
would be
be able
Harden would
abte to
innocent
the
of
himself
bystanders
further
or
byst,anders
innocent
traffic,
injuring
of
the
any
any
highway
or
further
injuring
himself
traffic,
highway
festival.
the
attending
f
atLendíng t.he estival.
Howell
Harden's legs.
securing Harden’s
shortly after
after securing
arrived shortly
Pol-ice EMS
EMS arrived
Howell Police
After
brief period of
of
for aa brief
down for
calmed down
secured, he
he calmed
legs were
were secured,
After Harden's
Harden's legs
and
date
of birth.
time.
birth.
hís name
name and date of
to obtain
obtain his
him and
and was
was able
able to
with him
spoke with
time. II spoke
was under
under the
t,he
he was
to what
whaL he
questions as
However,
as to
woul-d not
answer any
any questions
not answer
Harden would
Hov,/ever, Harden
While
medical
speaking
from
if
of
he
a
episode.
influence
speakíng
was
While
or
suffering
episode.
a
medical
if
was
suffering
from
he
influence of or
blood
with
mucolrs-like blood
coagrulated, mucous—like
appeared. to
to be
be coagulated,
what appeared
observed what
with him
him II observed
be
to
He
profusely.
sweating
his
also
from
profusely.
nose.
appeared
be
sweaLj.ng
to
hanging
hanging from his nose. He also appeared
EMS
but
EMS personnel but
to EMS
respondted to
He responded
speakJ-ng with
wíth Harden.
Harden. He
aleo began speaking
EMS also
combative
became
without
once
and
in
provocatíon, once again became combative and
and without provocation,
Ínstanb and
in an
an instant
and
exclaimed
again started
kicking and
sbarLed kicking
aín't happening!”
He again
happening!" He
shít ain't
exclaímed “This
"This shit
I
then
side.
his
himself
hold of
of
thrashing his
lifting himself onto
onto his side. I then grabbed aa hold
his body,
hody, lifting
himself
or
and
Harden's
hurLing himself or
getting up
up and hurting
keep him
from getting
to keep
hj.m from
righb arm
arm to
Harden,s right
one arm
arm due
due
others
on scene.
Harden's one
resLrain Harden’s
weighL restrain
full- body
body weight
took my
rny full
scene, It
It took
others on
and
his
unnatural
to
strength.
extraordinary
strength.
and
exEraordinary
to his unr¡atural
to transport
also attempted
We
backboard to
reeves backboard
on aa reeves
Harden on
to place Harden
abt,empted to
We also
behavior
combative
intermittent
his
to
due
however
behavíor
the
him
to
combative
hospital, however due to his inbermíttent
him to the hospital,
not
this
possible.
this was
was not possible.
short period of
asked
Harden
time. II asked
of time.
for aa shorb
agaín calmed
calmed down
down for
once again
Harden once
it
however
this
location”,
in
reside
“I
iE was
which
stated
was
he
however
he
where
lived,
location",
in
bhis
he
which
reside
stated
he
lived,
where
"I
was
information
subsequently
This
in
lived
Belmar.
he
that
found
was
subsequentlY
later
information
rhis
he
i-n
Belmar.
líved
Later found that
relayed
to dispatch.
relayed to
priscj-l1-a Baker
Baker (W/F/28)
I
$/r/Ze) who
witness Priscilla
one of
of the
the witness
with one
spoke with
I then
bhen spoke
caused
which
sound
Harden
make
cart
heard
a
caused Harden
she
a
which
that
advised
“pop” sound
golf cart make a "pop"
advised that she heard a golf
zone”.
in
“war
he
a
like
react
to reacL like he was
was in a "war zoÍLe",
to
(w/M/35'lsayrevílLe) ' who
who
I also
cruz (W/M/35/Sayreville),
guard Brandon
Brandon Cruz
spoke with
wíth security
securíty guard
also spoke
T
he
that
advised
was
He
his
face.
ice
to
of
he
was
that
a
advised
the
was
at
He
bag
face.
time,
holding
hís
to
of
ice
was
a
bag
the
time,
aL
stat^ed that
that
He stated
f estival. He
called
the festival.
f rom the
escort Harden
away from
t,o escort
Harden away
area to
the area
to the
called to
he
was
Harden,
confront
to
vehicle
he
was
behind
Harden,
from
a
the
corner
turned
confront
he
when
bo
vehicle
a
behind
the
from
corner
when he Lurned
him.
face
the
in
by
him.
bY
punched
face
punched in the
to strike officers
to strike officers and
and break
break free of our control.
"""
I‘
I’
if
‘
I
'
’i34rose_<:utor'
‘l; e—02;16
0246
Prosecutor's sFile
Filed 08/04/16 Page 48 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1285
"Howell
DeparLment
PoI j.ce Department
TownshiP Police
ffowell Township
Page:
Page:
33
MltRPIry JR.
DAI{IEL MURPHY
SUPPLEMENTAL
PTIr' DANIEL
rOR PTL.
I{ÃRR.ATM FOR
SûPPÍJBMENTJ{JI NARRATIVE
'IR'
15-39715-OF
Ref:
Ref: l-5-39715-OF
Entered:
r¿nbered: 09/07/2015
@
Ag /A7 /2015 @
09/08/2015
09/08/20L5 @@
Approved:
09/08/20L5 @@
Approwed: 09/08/2015
Modified:
Modífiedr
Entry
643
IÐ: 643
Entry ID:
Modified
643
IÐ: 643
ModifÍed ID:
1027
IO27
1031.
¡.031
1355
1355
Approval
I'D:
J\pprowal ID:
239
239
attempt,ing
again attempting
once again
over to
to himm once
due to
Harden due
to Harden
back over
then called
cal.led back
officers
location
that
at
back
officers
Once
control.
locatÍon
officer control. Once back at that
to
from officer
free from
to break
break free
at,
blood/saliva at
to
furth er spitting
spitt,ing blood/saliva
for
a
from further
llarden from
were
looking
to stop
stop Harden
way
way
a
for
were
borne
blood
unknown
the
to
due
borne
blood
in close
proximíty due to the unknown
them
close proximity
anyone ín
as anyone
as well
well as
them as
that
diseases
contracted.
communicable
have contracted.
and
he may have
that' he
diseases
pathogens
paLhogens and communicable
breathable
(loose fitting
and breathable
rnesh and
fitting mesh
I
mask {1oose
spit mask
retrieved aa spit
then retrieved
I then
a
used
biological
be
as
to
constructed
a
bíologícal
used
as
hood
be
material
specifically cor¡strircted to
material hood specifically
Ptl.
to Harden.
Harden. PL1'
returned to
and returned
contaminant
patrol vehicle
vehicl.e and
my patrol
from my
filt,er) from
contamínant filter)
furt'her
from further
him from
mask on
to prevent him
Harden .as to
on Harden_as
spit mask
the spit
Migdon
and II placed the
Migdon and
and
patrol
patrol
EMS
and'
the
personnel
in
personnel
area,
byst.anders in the area, EMS
spitting
at bystanders
saliva/blood at
spíttíng saliva/blood
officers.
officers.
to
started to
rage started
of rage
fit of
in aa fit
Harden
and in
resistive and
again became
became resistive
Harden again
extreme
strength
his
the
and the
to his extreme strength and
Due to
arms. Due
and arms.
tighten/flex/strain
his body
body and
tighten/ fJ:ex/átr¿in his
in
fear
I
was
as
arm
his
fear
of
in
f
was
control
right
as
took
of
I
arTr
his
right
of
his
body
control
flexing
tight
tijfrt flexing od his body I Look handcuffs and ultimately our control.
that
t,he handcuf fs and ultimately our control.
free from
f rom the
break free
would break
fre would
tirãt he
multiple
body multiple
his body
the
handcuffs,
at
released his
and released
Harden
flexed,
pulling aL the handcuffs, and
Harden flexed, pulling
was
Harden
arm.
his
still
was still
of
right
Harden
control
maintain
arm'
his
right
to
I
of
times
atiempted ão maintain control
as ï attempted
times as
EMS
one
At
of.
point
control
EMS
poinL
to
one
hard
At
and
of'
was
keep
control
profusely
sweatíäg anA was hard to keep
profuseLy sweating
grip on
his
on his
get aa better
better grip
to get
off to
dry Harden
on
scene
Harden off
Lo ary
personnel
or,
scerrã attempted to
i"r"orrr,*i
I
I was
was then
body.
eecured,
him secured,
keep him
to keep
ríghl arm
arm to
s right
in contact with
and
Harden
yelling
and stated
stated
began
calm.
yelling
he
was
when
loosened
Harden
calm.
was
grip
he
however
when
my
however loosened my
torso
Harden’s
monitored
Lorso
Harden's
I
continually
however
monitored
not
could
breathe,
conbinually
he
I
that
however
that he could noe ùrãatire,
audible
his
with
símulcaneously wíth his audible
and
contracL simultaneously
and contract
expand and
it to
to expand
observed it
and observed
and
continued
yelling.
yelLing'
talking
also
He
and
talking
breathing.
breabhing. He also continued
“I'm taking off!”
is
ft is
off'!" It
ye1led r\I/m
At
he yelled
Harden he
with Harden
whí"Le with
one point while
At one
statement.
this
unknown what
by this statementwhat he
he meant
meant by
unknown
believed
to my
experíence II believed
and experience
traíníng and
It
my training
due to
thab due
noted that
be noted
sbould be
It should
initial
The
substance.
initía1
The
intoxicating
of
an
influence
stlbstance.
the
under
be
intsoxicatíng
to
an
harden
harden bo be r.urder tbe influence of
appearance
appearance
statements/behaviors/physical
Harden's
and
caller's
statement and Hardenr s stabements/behaviors/phyeicaL
callerrs statement
led
me
what
conclusíon.
are
thís conclusion.
me to
to this
led
are what
our
to our
reËponded to
As they responded
scene' As
on scene.
MONOC
arrived on
subseguenbly arrived
Medícs subsequently
MONOC Medics
himself
free
to
his
twist
hímsel-f
and
free
kick
body
to
to
body
his
twisL
and
once
began
kick
again
Harden
location
locatÍon Harden Õnce "gáín began to maintain control of
Harden's upper
helped. maintain control of Harden's
of
atsõ helped
EMT Smith
Smitn also
control. EMT
our control.
of our
while
awaiting
Medics
this
awaiLíng Medics
maintained
position
whil-e
position
and
he
this
as he fought
torso
fought and rnaintained
area as
torso area
to
hímto sedate
sedate him.
scissors in
tc>
in order
order to
cuf f scissors
f ]ex cuff
Lo retrieve
retrieve flex
I
Migdon to
Ptl. Migdon
ad.vised Ptl.
then advised
f then
the
to
hospital.
hospítal"
Lransported to the
was transported
Harden was
remove
after Harden
restraints after
remove the
bhe restraints
Harden'
sedate Harden.
t() sedate
permission to
granted. permission
one
then granted
was then
Medics was
of the
the Medics
one of
to
shoulders
Harden’s
to roll
roll
noticed
I
shoulders
this
of
advised
Harden's
after
noticed
I
Shortly after being ad.vised of tñis
I
immediately
him
breathing.
f
immediately
detected
breathing'
and
no
times
him
longer
two
backwards
det,ecled
backwards two t'imes and no
was
Harden was
medical personnel
on scene.
scene' Harden
personnel on
notified
and meãical
officers and
other officers
notified other
he
was
and
removed
was
mask
he
was
and
The
back.
remowed
his
spit
was
mask
to
turned
spit
subsequently
subseguently turned to his back. The
I remained
Harden/
remained in contact with Harden’s
I
-
um
70*.
I
my
H.
_
I
W
-
Prosecut0r'
s—Fi e
Prosecutor's
File 024-17
0247
Filed 08/04/16 Page 49 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1286
Howell
HowelL Township
Police
Department
Pol-ice Department
Page:
Page; 44
SUPPLEMNTAL
I{['RPEY JR.
üR.
rOR PTL.
PTt. DANIEL
DAITIEL MURPHY
SttPPIJ&fE¡lTÀL NARRATIVE
IfÀRRÀÎIVE FOR
15-39715-OF
Ref:
Ref:15-39715-OF
Entered:
Enrered¡
1027
09/07/2015
09/a?/20L5 @
ø LO27
Modified:
Modified: 09/08/2015
09/O8/20L5 @
@ 1031
1031
@ 1355
Approved:
Àpproved: O9/O8/2015
1355
09/OS/2OLS @
Entry
643
Entry ID:
XD¡ 643
Modified
ID¡ 643
643
ldodif,ied ID:
Approval
239
.ßpproval ID:
I,Dz 239
efforts.
for life
Medic personnel
forLs
l_f e saving
saving ef
persönne lforI
over to
to on
on scene’fiMQ
scene EMS and
and Medlc
II then
which
informalion which
witness information
then helped
helped secure
and gather witness
the scene
scene and
secure the
Bureau.
Detective
the
to
turned
over
was
ultimately
Bureau.
bhe
Detective
turned
over
to
ú/as ult,imat,ely
For
involvelnent
offícer's involvement
other patrol officer's
For further
further information
informalÍon regarding other
their
related
see
see theír relat,ed reports.
incident.
The
thís incident.
during this
M\m. in
in vehicle
vehicle #31
wâ.s utilized
utílized during
The MVR
*3L was
turned
turaed
over
"i3.ros<-::‘c:u"tor'
0248
Prosecutor'ss File
File 0248
Filed 08/04/16 Page 50 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1287
61?ZO___§l!:l.§.J01n39$°-!d_
6Þ20_ -p]ltJ tl9fl?e99ld_ *
Page:
Pager 11
Þepartment
Howell
Police Department
TownshiP Pollce
HoweII Township
—
.
e
~
--
.
,
.,._
SCI-IERBINSKI
NSKI
HßJil'f TTER SCHSRBÍ
FrIl HEATHER
FOR PTL.
SUPPLEMENTAL
I'¡,C.RRÀTIVB FOR
SUPPI¡EIISNTÃL NARRATIVE
15-397l5~OF
Ref:
Ref¡ L5-39715-OF
650
ID: 660
Entry ID:
Modlfled
ID: 660
660
Modified, ID:
emery
09/07/2015
Entered:
@ 1826
L826
Entered: 09
/07 /zOLs @
1846
@
09/07/2015
Modified:
1846
@
Mod.:Lfied: oe /07 /20L5
1355
@ 1355
Approved:
09 /08/20L5 @
Approved: 09/08/2015
Approval
239
IÐt 239
Àpproval ID:
so:-Pl.F.':_v'w::3§"K!.REP0RT"'
REPORT
_"__
__r.s.:;.9fi'Is_._
‘f.’_;__ _"f."_
_j‘axxI;¢"““"“”
CALL#
’_"_'____._.
j_
if '1
__.___
_,
:)_';h'EiiEroRn;n
DÀTER.EPORTED
A
'
7-09/05/2015‘
9/05/zlI5
"
t
A
Z
4'"
"
_
,..._
"
‘
_
__
,
_____V_,‘__,__________
_,,__
___
LOCATION
LOCATION
cnmnu
E/ INCIDENT
INCIDENT
_.
__
OFFICERSsIGNA1y1g:________A__,__V._
SIGNATURE
.TURE
APPROVING OFFlCERSlGNA'[:U_1_1_’_F_3__
:_-__ If.
'"_
_
,
7
;_
_
__
4
_
,
,_
.,
________,
,_
_:
7
__
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_
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_
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,_
_
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y)
.
___
_
E77-_I1ea1l.:er .‘.'-iclggrliimki
_,
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-___
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3.B_A.'1fl’_§—:M
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.-
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,_____
W1
"___
vxcrm NAME
NA
Qimv/1:«'c:i_mNc1~:n)
VICTIM
YICTIM ADDRESS
ADDNESS (Now/ii-'ci1AN(;1-11))
ACCUSED
NAME _(13,1~j.}_\gr_I_I-jcrmNr:Er>;____H
CRA
ÂCCUSEDN.{ME
ADDRESS (NEW/II" Cl1AN(.‘F.l))
kACC_USED
.SUPP1.EMENTlNG01{1j‘1CERrg
SUPPI.BMENTING OFFICER
E.
k_____
_
_
CI{AN(;ED
__NEWCR1ME/INCIDENTIF
NEW CRIME / INC'IDENT IT CHANGED
.'__—:_" M.‘
,'f:-’_?._’__'_:'__i.;..E.-....
,..*
—
_
..
the Crime
at the
#238 requested
requested II record
record the
Crime Scene
Sccne Log
Log
the Priedaine.
Priedaíne. Sgt.
Sgt Weg
Weg #238
On
call ¡t
Person call
Disorderly Person
to aa Disorderly
responded to
On September
Scptember 5,
20tS II responded
5, 2015
for
this incident.
íncidcnl, The
The log
is as
as follows:
follows:
for this
log is
Ptl.
#654 recorded
Ptl. Austin
Austin #654
recorded the
the following:
following:
Exit:
1849 hrs
hrs
r Detective
Exit: 1849
ßntercd: ---Detective Pam
Pam Ricciardi
Badge #60:
#ó0: Entered:
Ricci¡rdi - Badge
Entered:
ChiefKudrlck - Budge
1702 hrs
hrs
r ChiefKudrick
Exit: 1702
hrs Exit:
1652 hrs
Entered: 1652
#230:
Badge #230:
Exit: 185.‘)
Entered:
>I
hrs
1859 hrs
hrs Erit:
Sgt. Antunez1702 hrs
[ntcrcdl 1702
Sgt.
Antunez - Badge
Badge #243:
#2d!:
Entered:
hrs
1859 hrs
r Detective
Exit: 1859
l¡rs Exit:
t7l0 hrs
[ntered: 1710
Detective Bozza
Bonz - Badge
#196
Badgc #196
hrs Exit:
Entered:
hrs
1853 hrs
Exit: 1853
¡ Detective
l?14 hrs
Entered; 1714
Detectiv¡ Nagy
#l9E
Nagy - Badge
Badge #198
v
-
I
-
I
-
’
-
II entered
following:
the following:
entered the
thc scene
began scribing
scribing the
sccnc and
and began
1859 hrs
hrs Exit:
Entered:
H. Scherbinski Badge #660
E¡it¡ 1859hrs
t Ptl.
1723hrs
Í{ntcrod: 1723
Ptl.H.Scherþinski-Badge#660
1731 hrs
1848 hrs
hrs
hrs Exit:
, Sgt.
Exitl 1848
Entered: t73I
SgL Rocco
Badge #153
#153 Entered:
Rocco Santorsola
Santorsola - Badge
hrs Exit:
hrs
t Kevin
1853 hrs
Exit: 1853
l742hrs
Kcvin McGovern
(Attorney) Entered:
ßntsred: 1742
McGovern (Attorney)
hrs
II
Sarmite
l74E l¡rs
hrs Exit:
Exit¡ 1748
1746 hrs
Entered: 1746
Sarmite Leja
Leja (Property Manager)
Manager) Entered:
It
Ptl.
#643
Badge
Ptl. Murphy
Murphy - Badge l/643
v
Ptl. Conaty
Conety - Badge
Badge #644
f1644
') Ptl.
Ptl.
Ptl. Migdon
Badge #645
Migdon - Badge
#645
II
Ptl.
Bonner Badge #647
Ptl.Bonner-Badgcf647
Exit:
hrs
1755 hrs
r Ptl.
Exit: 1755
Ptl. Austin
Austin - Badge
Bndge #654
#ó54
hrs Exit:
Entered:
hrs
, Lt.
Eritl 1859
1859 hrs
lSll hrs
Badge #237
Lt. Rizzu
Rizzo -Badge
Entered: 1811
#231
Entered:
hrs
1849 hrs
t Detective
Dxitr 1849
t8l8 hrs
hrs Exit:
Badge #203
Detcctive Newman
Entcred: 1818
Newman -Badged203
Entered:
D,
Pt].
1859 hrs
hrs
hrs Exit:
Exit: 1859
1830 hrs
Badge #662
Enteretl; 1830
Ptl. MacDonald
MacDonald -Badge#662
hrs
1859
hrs
Exit:
1831
Entered:
Lou
hrs
1859
Zuppa
(Forensics)
tou Zuppa (Forensics)
Entered: I83l hrs f,xit:
I
-
I
~
I
-
-
I
-
-
I
I
-
-
I
-
—
Filed 08/04/16 Page 51 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1288
Howell
Police
TowrrshJ-p Police
Howell Township
Page:
Page: 11-
Department
Department
SUPPLEMENTAL
IYTGDO¡T
FOR PTL.
MTCHATL monom
SUPPLEMÉ¡iÛÀI NARRATIVE
NÀRX.âTT1rE FOR
PTI,. MICHAEL
15-39'7l5—OF
Ref:
Ref:15-397L5*OF
645
Entry
Entry ID:
ID: 645
645
ID:
Modified
645
Moilified ID:
Approval
Àppraval ID:
ID: 239
239
Entered:
Entered: O9/07/2015
09/o7 /20j-5 @
@ 1027
J.027
@
09/08/2015
09/08/20L5 @ 1002
1002
Approved:
Àpproved: 09/08/2015
09/O8/20L5 an@ 1355
1"355
Modified:
Modlfied:
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Timothy_[-larden_
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disorderly
On
reference to
to aa disorderly
in reference
Society, in
Latv¡an Society,
at 1017
33, Priedaine/NJ
Priedaine/NJ Latvian
responded to
to aa call
call at
Route 33,
On 9/5/2015,
9/5/2Aß, II responded
1017 Route
(w/m/3ï/selmar! was
was being
being held
held down
down
Jerson.
Harden (w/m/38/Belmar)
as Timothy
Timothy Harden
advised that
the subject,
subJect, later
later identified
fdentified as
Dispatch notes
notes advised
that the
)erson. Dispatch
vehicle
in
22.
MVR
recorded
on MVR in vehicle 22.
and they
substance. The
an unknown
incident was
The incident
was recorded on
they felt
was on
felt that
that he
he was
on än
unknown substance.
JV
ly security
secur¡ty and
guards were.
security guards
the security
were.
arrival, II was
of where
where the
point¡ng me
in the
the direction
dírection of
me in
Upon
was waived
waived down
down by
by event
event staff
stâff pointing
Upon my arr¡val,
due
to
mic
his
MVR
retrieve
not
to
advised
Ptl.
me
I
As
#644
my
on
his
>tl.
scene.
was
)tl, Conaty
MVR mic due to
approached, Ptl. Contaty
Contãty advised rne to retriêve
already ôn scene. As I approached,
Conäty #644 was already
Harden
because
well
was
as
as
bleeding.
gloves
charged
gloves
Jeing
was
bleeding.
because Harden
)e¡ng charged as well as
returned to
Ptl. Migdon
Ptl.
advised Ptl.
As
scene. II advised
arriving on
on scene.
also arriving
#647 were
were also
Ptl. Bonner
Bonner #647
to my vehicle,
vehicle, Ptl.
Migdon #645
and Ptl.
#645 and
As II returned
Harden
had
the
where
placed
returned
to
placed
guards had Harden
security guards
gloves as
viigdon
bleeding. II then
as well
well due
due to
to Harden
Harden bleeding.
then returned to where the security
Vtigdon to
to get gloves
of his
his body.
different
from
down
Harden
noticed
the
I
po¡nts of
the
body. II also
also
were
holding
iown
on
guards
ground. I noticed the security
security guãrds were holding Harden down from different points
lown on the ground.
Harden
that
noticed
I
was very
like bloody
toticed
and mouth.
mouth, I also
also noticed that Harden was
jelly like
nose and
hís nose
face in
in the
the area
area of
of his
mucus on
Hardens face
bloody mucus
on Hardens
toticed aa jelly
the
started
what
on
information
struggle
ascertain
unable
Ptl.
and
to
I
in
and large
nuscular
large in stature.
Conaty and I were
were unable to ascertain any information on what started the struggle
stature. Ptl. Conaty
ïuscular and
involvement with
first
their
active
clue
to
at
the
’rom
with Harden.
Harden.
guards
security
physicaf involvement
'rom the security guards at first due to their active physical
one of
or one
Ptl. Conaty
hímself or
harming himself
of the
him from
from harming
the
keep him
to keep
in an
an attempt to
Hardens arms
arms in
Conaty was
was attempting
attemptíng to
to secure
secure Hardens
Ptl,
his
chest
in
underneath
his
Information). Harden
arms underneath his chest ín
Jfficers
was tucking
tuck¡ng his arms
Harden was
(see Ptl.
further information).
Conaty's report
report for
for further
Ptl- Conaty's
involved (see
rfficers involved
to
in
baton
an
gain control
attempt
monadnock
utilized
then
control ofhis
detained.
I
of his right
expandable
to gain
right
resist being
being detained. I then utilized my monadnock expandable baton in an
attempt
to resist
¡ttempt to
in the
crease of
as aa
arm in
used the
the baton
baton as
then used
of his
elbow. II then
his elbow.
the crease
placed it
Hardens right
ríght arm
and placed
it underneath
underneath Hardens
my baton
baton and
back
it
to
he
bring
behind
his
attempted
back,
his arm
’ulcrum
arm was
was behind his back, he attempted to bring it back
Once his
his arm
to turn
turn his
towards his
his back.
back. Once
was able
able to
arm towards
and was
'ulcrum and
the
landed
and
of
on
amount of
öf
baton
The
to the
the amount
chest.
out
ground In
due to
hlm due
zowards his
grlp
of him
tn front
front of
slipped out of my
rny grip and landed on rhe ground
hi$ chest. The baton slipped
arm.
took
lrm. II took
;owards
his right
right arm
me secure
secure his
arrn
helped me
Bonner helped
grab onto
hís wrist
and Ptl.
Ptl. Bonner
wrist and
onto his
to grab
aerspirationcoming
body. II was
able to
from Hardens
Hardens body.
was able
:erspiration coming from
unbelievable
had
Harden
that
noticed
I
further
for
information).
ptl.
unbelievable
Ptl.
Bonners
cuffs
and
(see
place him
report for further ínformation). I noticed that Harden had
Bonners report
in hand
hand cuffs (see
hlm in
rnd place
also attempting
attempt¡ng to
with
was also
to
still
to
Harden was
and
his back.
back. Harden
was
behind his
fight
attempting
secured behind
his hands
;trength
even with
with his
hands secured
;trength and was still attempting to fight with even
secured
flex
also
were
Hardens
by
legs
Hardens
unexplainable strength,
officers while
_
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WT
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i
A
‘
V
PlProsecutor's
:-OSGCU-tC-)V "S File_
0253
File 0553
Filed 08/04/16 Page 55 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1292
Howell
Howell
Police Department
Township
DeparLment
rorrnship PoLíce
Page:
Pager 22
PTL. NICHOLAS
SUPPLEMENTAL
ÀUSrIN
l'OR PfI¡.
NICHOLAS AUSTIN
SUFFLEì{ENTAÍ, NARRATIVE
NARRÀTIVE FOR
15~39715~OF
Ref:
Ref:15-39715-OF
Entered:
Fntered,: 09/07/2015
]-027
09/07/zo'J-S @
@ 1027
Modified:
09/08/2075 @
L001
Modlfled; 09/08/2015
@ 1001
Approved:
åpproved: 09/08/2015
O9/08/2atS @
1355
@ 1355
Entry ID:
IÞ: 654
654
554
Modified
ID: 654
Modified ID:
Approval
239
ÍDt 239
Ìlpproval ID:
:uffs.'
luffs
to find
At
pert¡nent information
information from
point that
from him.
him. II
out pertinent
that officers
tried to
that time,
time, Harden
Harden calmed
cafmed himself
himself to
to the
the point
fínd out
At that
officers tried
"i
had
stated
Harden
him.
with
find
involvement
what
substances
Harden
attempted
pr¡or to
to f¡nd out
out what substances Harden had
ingested prior
our involvement w¡th him. Harden stated "l had aa
to our
¡ttempted to
had ingested
zaste
was unable
to determine
determine
(unknown word)"
about it."
it." II was
unable to
"Then II felt
felt bad
father's (unknown
then continued
bad about
of my father's
word)" twice,
twíce, then
contínued to
to say ”Then
:aste of
after listening
to the
A/hat
said he
the audio
recording several
several times.
times.
Harden said
he tasted
tasted after
listening to
audío recording
¿vhat Harden
being
At
täg was
was hanging
hanging
point Harden
that my name
name tag
officers. II noticed
noticed that
this point
Harden was
was secured
anU båing controlled
controlfed by
by other
other officers.
At this
secured and
else
at
stab
some
uniform.
ifelt
and
thatthis
be
could
someone
or
would
me or someone else at some point
off
point if
possíbfy stab me
potentially be an
if
an issue
issue and could possibly
:ff my uniform. lfelt that thís would potentially
then
I
inside
the
car.
continued
and
resist.
to
l
returned
vehicle
secured
to
4arden
approached
patrol
nametag
patrol
approached
car.
lthen
my
the
{arden continued to res¡st. I returned to my vehícle and secured my nametag inside
moments of
him being
Due to
to him
being
;ecurity
guards to
of calmness.
calmness. Due
Harden had
had moments
to assess
that Harden
¡ecurity guards
assess their
their well
well being.
being. Let
Let it
it be
be noted
noted that
officers released
zontrolled
ground. Harden
compliance holds
Harden would
then,
would then,
on the
the ground.
remaíned on
holds as
he himself
himself remained
released compllance
it appeared
appeared he
as it
:ontrolled offícers
himself
else
from
or
him
officers
have
to
and
would
to
hurting
anyone
struggle
keep
or
begin
struggle
himself
anyone
again
efse by
by
from
hurting
Jnpredictably,
.rnpredictably, begin struggle again and offìcers would have tô struggle to keep him
Jslng
holds.
.rsfng compliance
complíance holds.
He stated
iI noticed
guard holding
happened. He
stated that
what happened.
that
to explain
expfain what
ice to
asked him
hím to
one security
security guard
holdíng aa bag
bag of
to his
his face.
face, iI asked
noticed one
of ice
said
The
and
the
in"
turned
and
Harden
he
corner
”called
to
security
guard
went
guard
as
Harden,
swung.
we
was
'ìe was "calléd ín" and as he went to approach
sald he
he
approach Harden, Harden turned the corner and swung, The security
continued
staff
to
The
him.”
of
else
"took
then
on
him
the
then
explain
to
continued
"everybody
top
tap”
got
staff
to
expf
ground"
good
ground"
The
ain
good
of
him."
else
on
top
got ”a
the
then
then
him
tap"
to
"took
"everybody
"a
",ot
:hat
yelling at
peopfe
at other
other people
he was
golf cart
They said
said he
was yelling
war zone.
zone. They
the "pop"
he was
of aa golf
cart and
and reacted
reacted like
like he
was in
in aa war
heard the
Harden heard
:hat Harden
"pop" of
their
condition
to
the
assess
#643
scared
and
like
Ptl.
also
down
guards
was
a
security
guards
their
condition
approached
Murphy
baby.
:o
to
assess
:o get down and was scared like a baby. Ptl. Murphy #643 also approached the security
and
an attempt
(reference Ptl.
report for
for more
more information).
information).
Murphy's report
obtaín more
Ptl. Murphy's
to obtain
information about
about Harden
more information
Harden (reference
in an
attempt to
¡nd in
After
over
condition, II returned
Harden. iI took
took over
that were
subduing Harden.
guards condition,
were subduing
to the
the officers
offìcers that
the security
security guards
returned to
assessing the
After assessing
order
from
to
him
in
movements
Hardens
control
to
keep
half
lower
his
While
of
Hardens
:ontroiling
attempting to control Hardens movements in order to keep him from
body. Whíle attempting
:ontrolling Hardens lower half of his body.
were attempting
that while
be noted
his
side.
roll
Let
he
able
to
was
on
âttempting to
to control
himself,
control his
hls
1urting
while several
officers were
side.
noted that
several officers
Let it
ít be
lurting hlmself, he was able to roll on his
and
side
tried
his
rolled
to
Harden
on
control. On
break out
tuck
novements,
occasions, Harden rolled on his side and tried to tuck
still able
On several
several occasions,
he was
was still
able to
to break
out of
of our
our control,
Tovements, he
could
where
control
we
to
Harden
a
able
return
Officers
to
stand
to
under
him
position
were
1is
an
as
position
could
controf
where
we
legs under him as an attempt
attempt to stand up.
up, Officers were able to return Harden to a
ris legs
an
and in
factors
With
such
parking lot
time.
our
1im
as
lot with
wíth an
location,
being near
ín an
an occupied
occupied parking
highway and
location,
near aa major
factors
our
major highway
every
time. With
belng
tim
such as
Harden from
was critical
getting up.
event,
for us
from getting
to keep
keep Harden
crit¡cal for
us to
it was
:vent, it
yelled
Let
well as
as yelled
and struggled
struggled as
as well
our commands
to disobey
disobey our
commands and
Harden continued
continued to
entire encounter,
encóunter, Harden
it be
during the
the entire
Let it
noted during
be noted
well
Officers
and
as EMS
as well as
EMS turned
turned
breathing. Officers as
stoppecl breathing.
Murphy noticed
that Harden
Harden stopped
Ptl. Murphy
noticed that
tlltimately, Ptl.
throughout, Ultimately,
ancJ screamed
screamecl throughout.
and
Howell
EMS
MONOC
to
cared
Harden
and
him
stretcher.
by
back
was
immediately
his
Harden
on
a
and
MCINOC
onto
by
Howell
ËMS
to
placed
cared
placed
immedíately
was
Harden
hlrn
on
a
stretcher.
Harden onto his back and
Medics
already on
tn scene.
scene.
that were
were already
Medics that
N
A
._
—
7‘
___
_
—
‘—
»
Prosecutor's
Prosecutor's File
File 0254
}
Filed 08/04/16 Page 56 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1293
Howell
Departmerrt
Police Department
Howell Tonhship
Townshíp Polite
Page:
Page: 13-
gEåN MACDONALD
SUPPLEMENTAL NARRATIVE
PTIr. SEAN
I'ÍACDONAIJD
f'OR PTL.
NARRåTM FOR
SUPPIEÀIEñIAI,
Ref:
15-3971-5-CIF
Refr 15-39715—OF
09/07/2015
2027
a9/07/20L5 @@ 2027
09/07/2015
2035
@ 2035
a9/07/2al-5 (9
Approved:
1355
Jlpproved: O9/08/2015
09/08/2015 @@ 1355
Entry
rD¿ 662
662
Entry ID:
ID:
Modified
662
Modífied rD; 662
Approval
239
ID: 239
Approval ID:
Entered:
E¡rbered:
Modified:
Modífied:
.jK3L}3'!§i‘fI!i'!‘_.
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REPORTED
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later
subject later
obscrved Ir subject
on scene
sc€Íe II observed
Whilc on
person.. While
dlsorderlY Person
On
report of:
ofr disorderly
loc¡tion for
for aa report
to the
the above
above location
responded to
On 09/05/2015
09/0512015 II responded
[was
ambulance.
ofthe
back
the
in
Medics
advised by
by Sgt.
Sgt'
and
I
was advised
Aid
First
treated
Howell
ofthe
¡mbulancc.
the
b¡ck
Harden
in
Medics
and
ll
First,{id
my
identified
being
(W/m/38)
as
Howe
Timothy
(flmß8)
lrcrtcd
belng
identifïed es Timothy ll¡rden
Medical
and
Harden
Mr.
Harden.
pcrsonol
Mr.
pcrsonol
to
tended
Medics
Medícal
and
and
Aid
Hardcn
First
Mr.
while
in
Harden.
JSMC
to
l\lrto
ambulen
ce
the rmbut¡nce to JSMC in Neptune
drive tbe
Neptunc wh ilc First Aid and Medics tended
Kuppler
lo drive
Kupplcr to
were
incident
withoul incident
to JSMC
JSMC without
wcre transported
transported to
,0
W
__
_____
,
.
_
___,
___
in the
tl¡e trauma
trauma room
room
by in
stood by
notilied' II stood
rden was
sgt Wcg
wcg was
w¡s notified.
by Dr.
Dr' Youssef.
Youssef' Sgt.
While
hours by
nt 1614
1614 hours
pronounced at
was pronounced
Mr' H:
H¡rden
hospítel Mr.
rt the
the hospital
while at
II was
finished
M.C.P.0
was
Afte
r
was
finished
identification
for
w¡s
location
would
be
to
M.C.P.O
purposes.
Àfter
M.C-P.0
that
identifïcatior
after
iesponding to my locetion for
¡dvise.ATE7i§P0RTE9
DATE REPORTßD
_
"CRIME/INCIDENT‘
__’f_l;Z__’_
CRIME/TNCIDENT
NEW
NEW c;g_r_ME/mc1D§NTmcH'Angrg
CRIME i INCIDENT fF CHANGED
"
_
Entry
Entry ID:
ID: 235
238
Modified
Modifi.ed ID:
rD: 237
237
Approval ID:
ID: 237
23'l
NAM!-J (NEW/IF
VICTIM NAME
(NEWIF C_[l_A_NGE]})_______
VICTIM
CHANGED)
VICTIM â-DDRESS
ADDRESS (NEW/IFCHANGED)
(NnW/I¡' CI{^NcEÐ)
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(NEW/III CIIÂNGI]D)
ACC_USED
NAME (NEW/IFCHANGEDJ
ACCUSED NAME
(NElry/TF CHANGED)
A.1_:C_'
C_USED ADDRESS
ÂCCUSED
ADDRESS (NEW/IF
CEANGED)
@FEEB.i.
SUPPI,EMENTING
OFFICER
OFFICERSSIGNATURE
OF.FICETUS
SIGNATURE
‘A
APPROVING
APPROVING 0FFxcERsI(;NA_TyRIz
OFFICER
_:‘:___p_
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a9/051201s
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The
call requesting
für¡,. Police
Ttre Howell
Horcell Twp.
requestlng an
Pol ce Communications
Communlcabione Center
Center received
receíved aa 9-1-1
9-1-1 call
an
for
ambulance
anbulance for aa subject
eubJect that
of an
that was
belleved to
be under
tshe influence
lnfluence of
an
nras believed
to be
u:eder the
"unknown substance"
ihostile.t Officers
Jr. #644,
and was
was acting
asting "hostile."
ôfficerg James
Jãmea Conaty
Conaty,Tr.
'unkåo*n gubst,ancer and
Nicholas
Ptl.
Austin
Vincent
Ptl.
Bonner
Ptl.
Michael
Ptl.. NtcboLae Àusttn #654,
M{gdon #645,
#654, PtI. Michael Migdon
*643, Pbl. Vlace:rÈ Boãnec #647,
and
unit was
Twp. Police
Danle1 Murphy
PtL. Daniel
and Ptl.
Murpby #643
EMS r¡niÈ,
arrfved on
The Howell
Police EMS
was
Howell Trv¡r,
#643 arrived
on scene.
scene. The
well.
as
dispatched
dlspatched as well.
__
_
_~
H
áseeurlty is
original
cal"I had
original call
had the
foJ.lowing call
the following
cal-l- details
from HTPD
HTPD dispatch:
dispalct¡: "Security
detailE from
Ls
down
the
a
Tim.
Tim
of
name
subject
holding
holdlng a øubJecÈ dowa by
hy Þ/le name of Ttm. Tlm
became
vety hostile
hoaílTe they think
beeame very
think he
he may
may be
lnflueace
be under
under the
the influence
unk
of
substance.
No weapons
10-18.
a
are
a
of a unk subetanee. They
They are requesting
weaponl
reguelclng a 70-L8, I[o
or
to anyone.
or injuries
ínJurles to
anyone. Caller
CaJ.Ter is
ls Eleni
EIen! —
The
The
DMedicer for
officers on
Upon
update on
Upon learning
learning the
the off,Lsers
an update
on "Medics"
for
oE scene
6cene were
were requesting
reguestlng an
sedation
location
I
to
this
as
as
to
well,
pur?oees;
began
purposes;
respond
realized the
sedat,lon
the
f began to respond to tbls location ae weIl, aE fI realized
had obviously escalated.
situation
the first
was made
on the
flrsb aid
made on
situatlo¡ had
eacalated. This
initlal request
request was
aid
This initial
channel
an EMT.
EMt.
by an
channeL by
1520
Hrs.::
l-520 Hrs.
Howell Officers,
Upon
officers, security
securíty staff,
eÈaff,
Ilpon my
my arrival,
arriwal, there
bhere were
were the
tl-e aforementioned
aforementfoaed ÌIoweLl
Howell
field;
peoBle parking
parkLng in
the ftel-d;
HowelL EMS,
EMS, and
and Medics
ln the
Medicg on
on location.
LocatÍon. There
r{ere people
Tlrere were
and going
male subject
going to
coming
b,o the
the event.
Ln the
the ambulance
ambulance and
and. CPR
CPR was
coming a:rd
event. The
was in
was
The rnale
su.bject was
being
beiag performed.
fol-Lowlng from
scene;
I learned thê following
from officers
off{cers on
on scene:
I learned the
escort a
(Griffin Security)
Security staff
subject., later
¡na1e subject,
later
to escorb
a male
etaff (Griffin
attemphlng to
SecurJ-ty) were
were attempting
of
One
the
identified
from
(Àge:38 W/M),
property. One of the
the staff
Êtaff
as Timothy
TÍmothy Harden
ldentifled as
Harden (Age:38
W/M), from the propertymembers
on his
hLs
him to
bo check
check on
was struck
ÊLruck in
dn the
the face
approached him
me¡nbers was
face by
by him
hl.rn as
as they approached
It
other
was
he
hostile
to
be
was
as
patrons.
reported
status, as he was reported
ft wae report,ed
by other
reporbed to be acting
acbíng hoetile by
statue,
62-68
Prosecutor's
Prosecutor's File
File 0258
Filed 08/04/16 Page 60 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1297
Howell
Howe1l Township
Tor+rnship Police
Pol-ice Department
Deparbment
Page:
Page:
2
2
SUPPLEMENTAL
THOMAS WEG
STIPPÍJEITENTÀL NARRATIVE
NÀRRATIVE FOR
FOR SGT.
I'IEG
SGT. ltgoldAg
Ref:l5—39715~OF
nerr L5-39715-OF
Entry
238
Eotry ID:
fD: 236
Modified
ID:
Modified. Í,Dt 237
237
Approval
Àp¡rroval ID:
237
ÍD; 237
Entered:
Eatered¡ 09/05/2015
09/O5/20L5 @@ 2123
2L28
Modified:
ldodffíed: 09/05/2015
09/05/20L5 @@ 2310
2310
Approved:
.rpproved; 09/OS/2015
09/os/zoLS @@ 2310
z3t-O
nhostile0 and
by
blreae security staff
by these_security
Ebaff members,
members, that
that Harden
under the
Harden was
was "hostile"
believed under
and beliewed
the
runknortu
influence
“unknown
substance."
an
inf}uence of
of an
sul¡stance.rr
Officers told
Offlcers
me that
t<¡Id me
strength"
gaio
that Harden
llarden displayed
díspLayed "super
etrenglhr and
Ehey could
could not
not gain
êrld they
'super
control
of him
to
for
first
be
aid
Harden's
to
Due
administered.
conbrol of
hlm in
ln attempts
atbempts for fJ.rst, aid to be administered. Due to Hardents
refusal
refusal to
to calm
calm his
hls demeanor
demeanor and
and his
bo acknowledge
acknowledge officers‘
coÍrnande,
hLs refusal
refusal to
offlcere¡ commands,
confrontation with
the use
they
Harden,
Èhey became
became involved
involved in
phsyical" confrontation
in aa phsyical
to include
lncLude the
wilh Hatrden, to
uee
of
to gain control
of
him.
Ptl.
and
Migdon
Ultimately,
of 0C
OC spray,
spray, in
1n attempts
atternpte to
control of hím. UltlmaEely, PtL. Mtgilon and Ptl.
Ptl ,
Bonner
that
Borurer were
were able
abLe to
to place handcuffs
handcuffs on
wag reported
teportêd me
rne that
on him.
hlm. Additionally,
AdclftJ-ona1ly, it
it was
Harden
that
and
felt
officers
placing
placing
Hardea continued
continued to
to act
acü violent
violent in
in handcuffs
handcuffs and officere feLt that
Harden's
so that
Hardenrs feet
feet in
in flex
flex cuffs
cutfs might
medical. attention
attention
might control
hlm enough
côatroL him
eaough so
üba.t medical
could
to
him
himself.
from
injuring
could be
be rendered
prevent
rendered and
prevent,
and to
bo him,
himeeLf.
Ï¡irr, as
ag well
welL as
íajurfng
as to
him from
his
kick
with
continued
Although
to
feet/legs,
Àlthougb his
bls hands
hande were
were now
noÌ{ secured,
witb
hle
feet,/J.egs,
secured, Harden
k{ck
Harden contínued to
which
medical personnel
preventedmedical
furtber prevented
whích further
perEon¡rel to
Bonner and
and Ptl.
Ptl.
tend to
him. Ptl.
Ptt. Bonner
to tend
bo him.
but this
Murphy placed
pLaced the
the flex
fLex cuffs
on
cuffs on
his legs but
liüt1e effect
effêct on
on his
Lhig had
had little
olirr¡p, n
he was
controlling him.
point while
hlm. At
conErolJ"lng
¡lt one
one polnt
ground, Harden
n¡ent "limp,"
whLLe Ï¡e
the ground,
Hardên went
was on
on the
medical aid
unconscious,
and unresponsive.
unresponsfve. It
uncoDgcloua, and
to include
include CPR
fb was
aj.d to
was at
CPR
at this
thLg time, medlca]was
vas rendered
readered to
to him.
hl-m.
Upon
Ugon learning
Learning this
thle information,
ínformation,
and
gbaËementã.
and detectives
detect,lves for
for statements.
After
gebtlng aa medical
Äfter getting
medLcal
M.C.P.O.
M.C.F.O. be
be contacted.
eonÈacEed.
of
the
None
l{one of bhe
I
I contacted
coãt,acÈed Det.
Deb.
Sgt.
request,êd ID
and requested
.F,r¡tunez and
fD
Êgb. Antunez
update while
requested
rÀ/ere on
whlle EMS
EMS and
ldedice were
on scene,
Êcene, II requested
and Medics
responding
reeponding officers,
ia this
officera, EMS,
physicalty injured in
t,hj.s
ã1rlS, Medics
ïrerê physically
t'Iedícsr were
not
did
in
the
face
was
want any
punched ln tbe f,ace dld not want
was punched
altercation.
The security officer
aLtercatíon. The
offícer who
¡sho
medical
assistance.
¡nedi.cal asgistance.
scene and
Sgt.
called me
me while
Clancy called
that he
he would
would be
be
Sgt. Clancy
v¡aÉ at
whlle II was
ae the
Ëbe êcenê
and advised
advíÊed that
Unit"
¡Professional
standards
and
"Professional
the
sending detectives,
ID,
det,ecblves, ID, and notifying
from the
nobifying the
standards UnlEfi from
bhe
prosecutor's
prosecuEorts office.
office,
I
contact with
wlth Capt.
Capt. Pilecki
I made
made contact
Pll-ecki while
srhíl.e
Kudrick
and
Chief
Martin.
Lt.
Chief, Kudríck and Irt. Martln.
and requested
on scene
bím to
to notify
nobífy
reguesbed him
scene and
on
1644
with
at JSUMC
rfSûMC with
able to
Àtacdonald who
wag at
L644 Hrs.:
Hrs. t II was
wag able
to make
wlro was
make contact
contact. with
PtL. Macdonald
wiEh Ptl.
at
1614
Macdonald
Ptl.
deceased
told
that
Harden.
Harden
Hrs.
me
was
pronounced
pronounced
at
1614
Harden. PbL. ldacdonald toLd me thah Harden ïraE
Hrs.
deceaeed
JSUMC. Ptl.
by
!f.c.P.O. would
by Dr.
from M.C.P.O.
fron,JSII! C.
IÐ from
wouLd
Youseef from
Ptl. Macdonald
was advised
advised that
that ID
Dr. Youssef
Macdouald was
be
be responding
his location.
Location,
respondJ-ng to
Ëo his
1648
1648 Hrs.:
Hre.: Det.
Det.
M.C.P.O. arrived
(}n scene.
Sgt.
scene.
Pamela Ricciardi
frÕm lt.C.P.o.
Sgt. Pamela
Rfcclardi from
arrlved on
,feremy Hoffman
lloffman
thLg event
event were
were Jeremy
scer¡e during this
The
Paramedice that
The MONOC
thab were
wêre on
MONOC Paramedics
on
#3787
and Joseph Zimmerman
zin¡nerman #3706.
#3706.
#3787 and
scene
'IoeeBh
The
Þol"ice EMS
EM,g
Tbe Howell
lIowell Police
John R.
personnel
Troy and
personnel were
Sn,ltlt.
and .foha
R. Smith.
were Patrick
Pabrick 'Troy
1731
Sgt. Santorsola
1731 Hrs.z
Det. Sgt.
arrived
Hre. r Det.
Santersola arrived
H—m#-M'_
Z
_
on scene.
scene.
on
V
#4
Z
i
'
Pir'osecutor's
Prosecutor's File
F¡le 0250
0259
Filed 08/04/16 Page 61 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1298
fi36el1—Toinship
ÊowelL Torrnshíp
Police
Pol.iae Department
Departmeut
Page:
Fage:
gor. THOMAS
guPBf,EtlEt{'ltår¿ NARRATIVE
SUPPLEMENTAL
TEottaE wna
wB€
NAaaÀTrvE ron
roR SGT.
3
3
15-39715-OF
Rafi
REf:15-39715-OF
Entered:
e,þêrêdr 09/05/2015
A9/A5/2075 @
A 2128
2128
Modified:
l{odlfl-ed¡ 09/05/2015
09/AEl20L5 @
2310
@ 2310
Approved:
À¡¡prov6d, 09/05/2015
091O5120L5 0
& 2310
231.0
_
Entry
El¡try ID:
238
IDI 238
Modified
l,lodlfled ID:
Î,D¡ 237
237
Approval
ÍD¿
Approwal ID:
237
231
1800‘Hra.:
Medicai Examiners dféfeéis
t Exe. t Andrew Taylor from
from the
tha t{cdfaal
cers cofigéeted
information
related
this
to
case.
requested
reque8ted lafo¡matlon related to thig caaê.
me
me
anEf_
1900
Hra.: If cleared
X.900 Hrs.:
cleared the
the scene.
eoene.
r åLl
are approximate.
approxlmate.
Note:
ûIote All times
tímes are
Prosecutor's
Prosecutor's Ffié
File 0260
0260
Filed 08/04/16 Page 62 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
Page D: 1299
L
L
L
(.
Ç)rJ
Office
Examiner
Medical Examiner
of the
the Medical
Office of
1490
.A'venue
Livingston Avenue
1490 Livingston
North
Brunswick,
08902
NJ 08902
North Brunswick, NJ
AUTOPSY
REPORT
OT'AUTOPSY
REPORT OF
DECEDENT
Timotþ
HARDEN, Timothy
NAME: HARDEN,
DECEDENT NAME:
9/6/2015
DATE
EXAMINATION: 9/6/2015
DATE OF
oF EXAMINATION:
CASE
13-15-A970
#: 13-15-0970
cASE #:
TIME:
TIME:
10:05
A'M'
10:05 AM.
and Louis
the
of the
Louis Zuppa
zuppa of
Bozza and
Daniel Bozza
PERSONS
Detectives Daniel
AT EXAMINATION:
EXAMINATION: Detectives
PRESENT AT
PERSONS PRESENT
228
Local
P.B.A.
Howell
of
Chris
Detective
I'ocal228
and
P.B.A.
Nagy
Office
Prosecutor’s
Howell
of
Monmouth
Nagy
Chris
County Prosecutor's Offrce and Detective
Monmouth County
PATHOLOGICAL
DIAGNOSES:
CLINICAL DIAGNOSES:
AND CLINICAL
PATHOLOGICAL AND
delirium
excited
I.I. Drug
induced øxcited delirium
Drug induced
guard
of security
security guard
attack of
unprovoked attack
A.
behavior with unprovoked
combative behaviorwith
agitated, and
and combative
Disoriented, agitated,
A. Disoiiented,
blood
in
(see
detected
(see
postmortem blood
B.
THC detected in postmortem
delt¿-9 THC
and delta—9
ethanol, and
Benzoylecgorrln", ethanol,
B. Benzoylecgonine,
Toxicology
Report)
Toxicology Report)
and police
guard_s.an-d-políce
to manual
C.
by security
sccurity guards
restraint by
forcible restraint
manual forcible
C. Subjected
Subjecte{L
hehind
cul'l'cd
with
hands
with
restrained with
ankles restrained
back, ankles
pla;d by
D.
position wittr hands cuffed behind back,
police in
prone position
in prone
by police
D. Placed
officers
and
manually
head,
over
mask
flex
placed over head, and officers manually
cuffs, pepper spray
spit mask placed
applied, spit
spray applied,
flex cuffs,
violent
struggling
cuffed
limbs
while cuffed
force
to
episodic
during
struggling while
violent
epiiodic
applying
applying fórce to tim¡s duång
D
in
described
in
while
occurred
death
D
Sudden
E.
position
in
E. Sudden death occured while in position described
neck, acute
II.
acute
ofneck,
ir{uries of
impact injuries
Blunt impact
il. Blunt
muscles
and
stemocleidomastoid
left
A.
and stemohyoid
sternohyoid muscles
Contusions,
sternocleidomastoÍd
left
A. Contusions,
without
or obstruction
obstruction
instability or
airway instability
B.
cartilage, without airway
Fracture, right
of thyroid
thyroid cartilage,
hom of
right superior
superior horn
B, Fracfure,
consciousness
of
loss
without
neck
of
consciousness
Witness
of
C.
compression
without
loss
reports of neck compression
C. Witness reports
sudden death
death
prior to
to sudden
D.
minute prior
one minute
until one
restralnt until
tlroughout restraint
D. Vocalizing
Vocalizing throughout
III.
hemonhages
Conjunctival hemorrhages
III. Conjunctival
exposure
restraints, exposure
agaírrst restraints,
straining against
Possible
possible
A.
violent straining
compression, violent
etiologies
neck compression,
inciude neck
etiologies include
A.
and blunt
to
imPact
blunt impact
spray, and
to pepper
PePPer spray,
acute
of
IV.
head, acute
iqiuries of head,
impact injuries
IV. Blunt
Blunt impact
lips, and
A.
and scalp
scalp
face,lips,
and abrasions,
abrasions, face,
Contusions and
A. Contusions
acute
and
of
shoulders,
torso
Blunt
V.
acute
injuries
shoulders,
and
impact
V. Blunt impact iqjuries of torso
back
chest, right
and back
testis, and
right testis,
A.
shoulders, chest,
confusions, shoulders,
Abrasions and/or contusions,
Ã. Abrasionsand/or
8"‘
rib
B.
right 8û rib
B. Fracture,
Fracture, right
acute
of
Blunt
VI.
injuries
impact
extremities, acute
of extremities,
injuries
impact
Blunt
Vi.
and legs
legs
hand, and
A.
right hand,
wrists, right
contusions, arms, wrists,
and contusions,
A. Abrasions
Abrasions and
disorder
member)
VII.
family
(per
(per
member)
family
Bipolar disorder
VII. Bipolar
SEAL
NOT
RAISED SEAL
\ryITHOUT RAISED
NOT OFFICIAL
OFFICIAL WITHOUT
f72cpA
¿>Ð
I
Filed 08/04/16 Page 63 of 69 PageID:
Case 3:15-cv-08043-BRM-TJB
3:15-cv-08043-BRM-TJB Document 63-2 Filed
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HARDEN,
Tirnothy
HAR-DEN, Timothy
OPINION:
OPINION:
and manner
the cause a¡rd
to thc
of clcallt:
clealh:
nran¡tcr of
as.to
opirúon as
arr opinion
The
to forming
forming an
reviewed prior to
were reviewed
items were
following items
The following
:ìi:"
Clare
Report,
EMS
Prehospital
Police
Carc
Report'
llowell
Prelrospital
EMS
Incident
Police
Report,
Howell
Department Incident Repãn, IlÀwell
Police Department
Township Police
Howell Township
llowcll Township
police oflicers,
ofücers,
Torvnslri¡r palice
statelnents 0off l{owell
Report, statements
Ocean
Monmouth
Care Report,
Hospital
Patient Care
Service Patient
Monmouth Ocean Hospital Service
Service
Ocean
Hospital
Monmouth
Service
l{ospital
technicians,
police Department
Howell
mcãical tcchnicians' Monmouflt Ocezut
Department emergency medical
Township Police
Howell Township
officer
Police
Department
Township Police Department officcr
I-lowcll Township
witnesscs, Iiowell
civilial witnesses,
guards, and
a¡d civilian
privatc security
security guards,
paramedics,
paramedics, private
and
calls
911
Dcpartnrent 911 calls and
Police Department
Tbwnship Police
audio r"co,di,,gr,
and auclio
of Howell
Horvell Township
recordings, audio
car video
recordings of
auclio recordings
video and
car
Howell
and
deceased
ofthc
the dcccascd and l-Iorvell
grandmother-of
the grandmother
betrveer:r the
Jalls between
radio
phone calls
of phone
recordings of
ar¡dio recordings
trmsmissions, audio
radio transmissions,
while at
of
at
deceascd wlúle
the deceased
the
of
photographs of the
,"",r", photographs
Police Dcpartinent
dispatch, photographs
Township
l)epallnent clispatch,
1'owns¡ip policc
fnotogruptrs of the scene,
involved
officers
and
police ofticers involved
of the
guards-and police
security guards
the security
Center, photographs
prt"tãgt"plts of
Jersey
Meclical Ccnter,
Un.iversity Medical
Shore University
Jcrsey Shore
of
Shore
of Jersey
Jersey Shore
department
the
from
deparfnent
emergency
records
medical
emergency
and
in
deceased, and me¿í"äl rr"ã.áu from the
the deceased,
restraining the
in restraining
University
Center.
Medical Center.
University Medical
lvhen, without
without
state when,
agitated state
outdoor concert
disoriented, agitated
in aa disoriented,
event in
38 year old
an was
This
concert event
an outcloor
at an
was at
man
old in
T¡is 3g
striking
by
responded by striking
the face.
reportedly resporr