No Indictment For Bradley Beach Police Officer
By JOANNE L. PAPAIANNI
Jersey City Mayor Jerramiah Healy expressed disappointment this week after a Monmouth County Grand Jury voted not to indict Bradley Beach Police Officer Terry Browning on charges stemming from an incident in the borough in June.
“While it is highly unusual for a Prosecutor’s Office to issue a press release on the action of a Grand Jury; especially without prior notification of the mayor and his wife, the Healy’s believe that they have done their respective civic duties in cooperating with the investigation and testifying before the Grand Jury,” said a release issued by the mayor’s office.
The Grand Jury “no-billed” the charges, a move usually meaning there was insufficient evidence to return an indictment.
The Grand Jury did likewise to charges made by Healy’s wife Maureen, which resulted from the same incident.
Healy said in a statement released Tuesday that he and his wife cooperated fully with authorities but maintained that misconduct by the officer occurred.
“The fact that the Monmouth County Grand Jury chose not to render an indictment does not change the facts, nor alter the conduct of the police officer,” he said.
The mayor, a former prosecutor, added, “As a former prosecutor, I undertand the system and wanted to follow the procedures of the law. Unfortunately, the decision of the Monmouth County Grand Jury does not surprise me.”
He said he and wife will weigh their options and consult with their attorney regarding any future actions against the police officer.
Non-indictable charges, resisting arrest and disorderly conduct, against Healy by Browning, are still pending and will be returned to Bradley Beach to be heard in its municipal court.
Healy was released on summonses after the June 17 incident.
Both sides in the dispute, Mrs. and Mrs. Healy and the Bradley Beach Police Department, have offered differing versions of the incident from the start, with Healy saying police used excessive force and police contending Healy became argumentative when asked to leave the scene.
On June 17 Healy was leaving Barry’s Tavern, which is owned by his sister, at about 2 a.m. and witnessed a dispute between a young couple, which he says, he tried to mediate.
Browning, along with Police Officer William Major, responded to the call and began an investigation.
Police contend that Healy engaged himself in the altercation and hindered police in their investigation.
They say the mayor refused direct orders to leave the scene and became verbally abusive, before physically resisting arrest and arguing with police.
Police officers then used force against Healy, including the use of chemical spray.
Healy was brought to the borough’s police department and processed.
Two days later he requested the Monmouth County Prosecutor’s Office investigate misconduct charges he made against Browning.
Healy’s wife also filed charges against Browning, alleging simple assault and harrassment.
Bradley Beach Acting Chief of Police Leonard Guida declined to comment.
“I don’t want to comment until after the trial is over,” he said. The case may come back to municipal court as early as next month.
The Grand Jury listened to testimony from numerous witnesses at several sessions, according to a press release from the prosecutor’s office.
Monmouth County Prosecutor Luis A. Valentin said, “The Grand Jury declined to return an indictment against Officer Browning. Based upon all evidence available at this time, there is similarly no reasonable basis to allow the non-indictable charges against Officer Browning to proceed to trial in municipal court. As such, these remaining charges against Officer Browning have been administratively dismissed in the interests of justice.”
Healy is being represented by Ralph Lamparello of Jersey City and James Fagen of Freehold.
Healy also faces an additional charge of obstruction of justice, signed against him by Browning Aug. 10, on the advice of municipal prosecutor Dennis Lavender.
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