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Criminal Justice

Kids Club Staffer Who Had Sleepovers In NJ With Boy He Raped Sentenced: DA Kids Club Staffer Who Had Sleepovers In NJ With Boy He Raped Sentenced: DA
Kids Club Staffer Who Had Sleepovers In NJ With Boy He Raped Sentenced: DA A former Neshaminy Kids Club worker was sentenced to 35 to 88 years in state prison for sexually assaulting seven boys and filming some of the abuse, Bucks County authorities announced on Friday, Nov. 15, 2024. Gerald William Spoto, 42, of Disk Lane in Bristol Township, pleaded guilty in July to nearly three dozen charges for crimes committed between the late 1990s and 2023. He was also declared a sexually violent predator, requiring lifetime sex offender registration and treatment. These assaults of seven boys included "sleepovers" in New Jersey, Detectives with the Middletown Township Pol…
North Jersey Soda Exec Confesses To Sharing Secret Formulas With Competitors, Feds Say North Jersey Soda Exec Confesses To Sharing Secret Formulas With Competitors, Feds Say
North Jersey Soda Exec Confesses To Sharing Secret Formulas With Competitors, Feds Say An executive from North Brunswick admitted to sharing secret soda formulas with his company's competitors, authorities said. Andrew Blum, 63, pleaded guilty on Tuesday, Nov. 12 to conspiracy to possess stolen trade secrets and possession of stolen trade secrets, New Jersey's U.S. Attorney Philip Sellinger said in a news release. Blum was the vice president of product development for an unnamed North Jersey-based maker of oil products and proprietary flavors from 2013 until Wednesday, Dec. 12, 2018. The parent corporation of Blum's company was one of the world’s largest produc…
Bergen County Man Found With 600 Child Porn Files Admits To Distribution: Feds Bergen County Man Found With 600 Child Porn Files Admits To Distribution: Feds
Bergen County Man Found With 600 Child Porn Files Admits To Distribution: Feds A Bergen County man has admitted to distributing and possessing images of child sexual abuse, federal authorities said. Michael Kimmerle, 35, of New Milford, pleaded guilty on Wednesday, Nov. 6, 2024, before U.S. District Judge Claire C. Cecchi in Newark federal court. Kimmerle faces one count of distribution of child pornography and one count of possession of child pornography. From August 2021 to August 2022, Kimmerle used a peer-to-peer (P2P) file-sharing program to distribute video files containing child sexual abuse, according to a press release from U.S. Attorney Philip R. Sellin…
Stuffed Puppy Brings Life Full Circle For PAPD's First Hispanic Female Police Captain Stuffed Puppy Brings Life Full Circle For PAPD's First Hispanic Female Police Captain
Stuffed Puppy Brings Life Full Circle For Papd's First Hispanic Female Police Captain His name is Bingo, and he's so much more than a toy puppy. The stuffed animal was gifted to Priscilla Sanchez when she was 10 by her older brother gifted her the stuffed toy as he prepared for deployment to Iraq. “I held onto that puppy every night," said Sanchez, 33, adding that the puppy became a symbol of her brother's sacrifice. “I knew I wanted to follow the same path.” This year, days before welcoming her third son, Sanchez was promoted to the Port Authority Police Department's first female captain of Hispanic heritage. And this time, Sanchez's sons wer…
Homicide Suspect In Car Full Of Ski-Masked Men Stopped In Morris County, Chief Says Homicide Suspect In Car Full Of Ski-Masked Men Stopped In Morris County, Chief Says
Homicide Suspect In Car Full Of Ski-Masked Men Stopped In Morris County, Chief Says A group of ski-masked men including one homicide suspect are in police custody after officers stopped them and found 25 stolen checks in the vehicle early Friday, Oct. 4 in Morris County, police said. A Florham Park officer stopped the car for traffic violations and noticed all occupants were wearing ski masks and dressed in all black, Florham Park Police Chief Joseph Orlando said. One of the men in the vehicle, age 18, had been wanted for homicide and had been charged as a juvenile in the crime in an adjacent county, the chief said. Daily Voice has reached out to Orlando for details on the…
Upper Saddle River Getaway Driver Arrested In Allendale Armed Robbery: Prosecutor Upper Saddle River Getaway Driver Arrested In Allendale Armed Robbery: Prosecutor
Upper Saddle River Getaway Driver Arrested In Allendale Armed Robbery: Prosecutor A 22-year-old Upper Saddle River man has been arrested in connection with a robbery last spring in Allendale. Francisco B. Verdugo drove Jahan A. Hendley to and from the scene on Monday, March 25, where Hendley robbed a victim at gunpoint, stealing marijuana, a bottle of liquor, and about $900 in cash from inside his apartment, Bergen County Prosecutor Mark Musella said.  While fleeing, Hendley pointed his gun at another victim who was unrelated to the incident but happened to be in the area of the apartment complex. Hendley was later arrested for an unrelated incident, and o…
Star NJ Baseball Player Nick Cocchia Dies Suddenly, 25 Star NJ Baseball Player Nick Cocchia Dies Suddenly, 25
Star NJ Baseball Player Nick Cocchia Dies Suddenly, 25 Support is on the rise for the family of former New Jersey high school baseball player Nicholas "Nick" Cocchia, who died suddenly on Monday, Aug. 26, according to his obituary on the Rossi Funeral Home website. He was 25 years old. Nick was raised in Mountainside before moving to Kenilworth with his family, his obituary says. Nick played first base, outfield, and pitched for the varsity baseball team at Governor Livingston High School in Berkley Heights, his obituary says.  He helped lead the team to their victory as state champions in 2015 before playing college baseball for Mont…
'Sleep With One Eye Open:' Paterson Officer's Charges Detailed In Affidavit 'Sleep With One Eye Open:' Paterson Officer's Charges Detailed In Affidavit
'Sleep With One Eye Open:' Paterson Officer's Charges Detailed In Affidavit More information has come to light in the arrest of a 38-year-old Paterson police officer. Alberto Sanabria was indicted by a grand jury on one count of third-degree terroristic threats, one count of fourth-degree cyber harassment, and one count of fourth-degree stalking, Passaic County Prosecutor Camelia M. Valdes announced on Monday, Aug. 12. The affidavit for probable cause obtained by Daily Voice says Sanabria sent the following message to his ex-girlfriend: “Hello remember me you got me fired from [redacted]. Just want to let you know I hope you sleep with one eye open from now o…
Relentless Flirting Prompted Mom To Stab Co-Worker At Bergen County Restaurant: Attorney Relentless Flirting Prompted Mom To Stab Co-Worker At Bergen County Restaurant: Attorney
Relentless Flirting Prompted Mom To Stab Co-Worker At Bergen County Restaurant: Attorney A 23-year-old single mother has been released from jail more than a week after authorities say she stabbed her co-worker at a Bergen County restaurant. With help from Spanish to English interpreters, Bergen County Criminal Judge Susan J. Steele granted Juana Galvez Genaro release on pretrial monitoring level 3 Wednesday morning, Aug. 21. The hearing shed light on the situation that unfolded on Saturday, Aug. 10. Aaron Miller, the attorney representing Galvez Genaro said that the victim, a 43-year-old man who worked with her at Heights Bar & Grill in Hasbrouck Heights, had been "fl…
Bergen County Pastor Repeatedly Performed Sex Acts On Child: Criminal Complaint Bergen County Pastor Repeatedly Performed Sex Acts On Child: Criminal Complaint
Bergen County Pastor Repeatedly Performed Sex Acts On Child: Criminal Complaint A 74-year-old Paramus church pastor has been arrested and charged with 21 counts of sexual offenses for disturbing sexual assaults on a girl between ages 13 and 18 for years, authorities announced Friday, July 12. Stephen E. Sweet, the pastor at Grace's Lutheran Church in River Edge, became the center of an investigation on Thursday, July 11, on a tip that he'd sexually assaulted a juvenile in the past, Bergen County Prosecutor Mark Musella said. ** WARNING: The following news article contains graphic and disturbing information. Reader discretion is advised ** Sweet sexually assaulted…
GOT 'IM! Civilian Points Teaneck PD To Elusive Bike-Riding Career Burglar, 40 GOT 'IM! Civilian Points Teaneck PD To Elusive Bike-Riding Career Burglar, 40
GOT 'IM! Civilian Points Teaneck PD To Elusive Bike-Riding Career Burglar, 40 𝗨𝗣𝗗𝗔𝗧𝗘: A 40-year-old career burglar wanted for an ongoing series of break-ins and attempts was captured by Teaneck police with help from a concerned citizen, authorities announced. Aley Beretay ordinarily was on a bicycle when he gave law enforcers the slip a number of times the past week or so. Then, around 9 p.m. Monday, June 10, a township resident walked into headquarters and said she'd just seen a man fitting his description riding a bike along Teaneck Road near Elizabeth Avenue, Police Chief Andrew McGurr said. Detectives who already were working undercover in the area were alerted,…
ATTEMPTED MURDER: Bergen Man Chokes, Tries To Sexually Assault Pre-Teen: Authorities ATTEMPTED MURDER: Bergen Man Chokes, Tries To Sexually Assault Pre-Teen: Authorities
Attempted Murder: Bergen Man Chokes, Tries To Sexually Assault Pre-Teen: Authorities A 33-year-old Ridgefield man choked a Fairview pre-teen “to the point of unconsciousness” and had removed both his and the incapacitated child's clothes before he was stopped, authorities said. Julio Amaro-Vasquez, who lives on Bergen Boulevard just off Oakdene Avenue, was charged with attempted murder, attempted aggravated sexual assault, aggravated assault, attempted sexual assault by contact and child endangerment. He wasn't the only person arrested in connection with the alleged incident, however. Amaro-Vasquez's girlfriend, Marlin Cervantes Santos, 30, of Fairview, “directed…
Twin Rutgers Grads, 23, Killed In Crash Were Each Other's Closest Friends, Obituaries Say Twin Rutgers Grads, 23, Killed In Crash Were Each Other's Closest Friends, Obituaries Say
Twin Rutgers Grads, 23, Killed In Crash Were Each Other's Closest Friends, Obituaries Say Services have been finalized for a pair of 23-year-old twin brothers killed in a Vineland crash. John and Patrick Mahoney, both of Washington Township, died in a collision on Tuesday, June 4 at Union and Mays Landing Roads, as previously reported by Daily Voice.  Police said John was driving a Toyota Yaris when he failed to yield to a Ford F-250 operated by an 81-year-old, which caused the crash. The Yaris driver was hospitalized as a precaution. Obituaries on the Egizi Funeral Home website for John and Patrick remember the two as being each other's closest friends and greatest advoca…
Member Of 'Hit List' Burglary Crew That Targeted Asian Homeowners In NJ, NY, PA Sentenced Member Of 'Hit List' Burglary Crew That Targeted Asian Homeowners In NJ, NY, PA Sentenced
Member Of 'Hit List' Burglary Crew That Targeted Asian Homeowners In NJ, NY, PA Sentenced 𝗨𝗣𝗗𝗔𝗧𝗘: A member of a burglary ring that specifically targeted Asian-American small business owners in New Jersey, New York, Pennsylvania and Delaware was sentenced to a plea-bargained 33 months in federal prison. James Hurt, 48, of New York, and other members of the second-story crew worked from what the FBI called a hit list of dozens of homes in the four states based on “stereotype and opportunity" from Dec. 2, 2016, to March 20, 2019. The burglars often got into homes through unsecured upper-floor windows before seeking out cash, jewelry and guns, the FBI said In one instance, th…
BREAK IN, RINSE, REPEAT: Recidivist With 30-Year Sheet Busted For Burglaries In 4 Bergen Towns BREAK IN, RINSE, REPEAT: Recidivist With 30-Year Sheet Busted For Burglaries In 4 Bergen Towns
Break IN, Rinse, Repeat: Recidivist With 30-Year Sheet Busted For Burglaries In 4 Bergen Towns It never ends with some guys. Mark C. Todd, most recently of Hasbrouck Heights, just turned 50 amid what has been a three-decade-long string of burglaries, thefts and police pursuits in nearly a dozen Bergen County towns. It got to the point that detectives from Maywood, Carlstadt and Hasbrouck Heights all went together to arrest the ex-con at his home last Friday morning, April 12. He was charged with break-ins in Maywood, Carlstadt, Elmwood Park and Fair Lawn. Tood has remained held in the Bergen County Jail this past week based on the likelihood that he’ll be returned to prison. He sp…
Bergen Ex-Con Busted With Pistol Two Days After Prison Release Bergen Ex-Con Busted With Pistol Two Days After Prison Release
Bergen Ex-Con Busted With Pistol Two Days After Prison Release A Garfield ex-con was caught with a gun during a Little Ferry police stop just two days after he was released from prison, authorities said. Nazir R. Halloway, 26, spent a mandatory one year behind bars coincidentally after pleading guilty last year to unlawful possession of a handgun, records show. He was paroled on Monday, March 18, according to the New Jersey Department of Corrections. Little Ferry Lt. John Andronaco was on patrol when he spotted a 2020 Acura ILX with darkly-tinted windows in the parking lot of the Stagecoach Motel just off westbound Route 46 shortly after midnight Wedn…
Elmwood Park PD: Quartet From PA Nabbed After One Waves Loaded Gun Out Sedan Window Elmwood Park PD: Quartet From PA Nabbed After One Waves Loaded Gun Out Sedan Window
Elmwood Park PD: Quartet From PA Nabbed After One Waves Loaded Gun Out Sedan Window Elmwood Park police seized a Pennsylvania couple and two minors who they said had a loaded gun, a high-capacity magazine and hollow-point bullets in their car. Officers responding to a report of a male passenger brandishing a gun out the window of a blue 2019 Chevy Malibu on Donor Avenue stopped the sedan on Elmwood Terrace shortly after 3:30 p.m. Saturday, March 16, Police Chief Michael Foligno said. As they approached, the officers saw a front passenger shove the gun between his feet, the chief said. All four occupants were ordered out of the vehicle, Foligno said. Officers recovered a …
Accused NJ Killer Walks Free After Decade In Prison For College Student's Murder Accused NJ Killer Walks Free After Decade In Prison For College Student's Murder
Accused NJ Killer Walks Free After Decade In Prison For College Student's Murder Timothy Puskas is a free man. The one-time convicted killer was released on Wednesday, Feb. 21, from MIddlesex County Jail, after winning a second trial on a murder charge, according to his attorney, Joseph Mazraani. Puskas was convicted seven years ago in the slaying of 22-year-old college student William “Billy” McCaw in New Brunswick. He'd been incarcerated for 10 years. A Middlesex County jury deliberated five hours before returning the not guilty verdict in the six-week trial, which began on Jan. 9, Mazraani said. Puskas’ 2017 murder conviction was reversed by an appellate court …
Convict In 9-Robbery Spree In NJ, NY Gets Whopping 34 Years in Federal Prison, No Parole Convict In 9-Robbery Spree In NJ, NY Gets Whopping 34 Years in Federal Prison, No Parole
Convict In 9-Robbery Spree In NJ, NY Gets Whopping 34 Years in Federal Prison, No Parole Three Elizabeth men who committed nine armed robberies in less than four months in New Jersey and New York were sentenced to lengthy prison terms. The most severe went to ex-con Vincent Chan-Guillen, 33, who was sentenced to nearly 34 years in federal prison – longer than he’s been alive -- following his conviction of a host of charges. Meanwhile, Jamie Fontanez, 45, got a plea-bargained 14½ years, while 33-year-old Paul Jimenez managed to get 10. All must serve out their terms because there’s no parole in the federal prison system. Store video shows Chan-Guillen pointing a gun at an empl…
UPDATE: Paterson Police Officer Indicted For Shooting Unarmed Man In Back As He Ran UPDATE: Paterson Police Officer Indicted For Shooting Unarmed Man In Back As He Ran
Update: Paterson Police Officer Indicted For Shooting Unarmed Man In Back As He Ran "Drop the gun!" a Paterson police officer shouts several times as he chases a fleeing man down a city street. Suddenly, two shots ring out and Khalif Cooper falls face down in the street. Officer Jerry Moravek, who fired the shots, handcuffs Cooper, 28, who is heard on a bodycam video telling him, "I don't got no gun." A grand jury agreed. Moravek was indicted in Trenton on criminal charges this week for shooting the unarmed Cooper, who was left paralyzed, in June 2022, state Attorney General Matthew Platkin announced on Thursday, Dec. 7. “Deadly force against a fleeing suspect must be u…
NYC 'Prophet Of Doom' Subway Shooter Sentenced To 10 Life Terms Plus 10 Years NYC 'Prophet Of Doom' Subway Shooter Sentenced To 10 Life Terms Plus 10 Years
NYC 'Prophet Of Doom' Subway Shooter Sentenced To 10 Life Terms Plus 10 Years UPDATE: A man who admitted that he intended to cause mass harm when he opened fire on a packed New York City subway train last year was sentenced to 10 life sentences -- one for each victim -- plus 10 years in prison. No one was killed in the horrific attack by Frank James, 62, which left the victims strewn across a smoky 36th Street platform in the Sunset Park section of Brooklyn while igniting underground terror at the height of the morning rush on April 12, 2022. James took a deal from federal prosecutors rather than risk the consequences of a guilty verdict at a jury trial. The heavyse…
UPDATE: Admitted Homemade Bomb Maker From South Jersey Gets 2 Years, No Parole UPDATE: Admitted Homemade Bomb Maker From South Jersey Gets 2 Years, No Parole
Update: Admitted Homemade Bomb Maker From South Jersey Gets 2 Years, No Parole A South Jersey man whom federal authorities said they caught with a do-it-yourself bomb and the materials to make it was sentenced to two years in prison without parole. Thomas Petronglo, 64, had a 5¾-inch diameter metal can filled with potassium perchlorate and aluminum with a fuse sticking out when authorities raided his Vineland home in March 2021, according to a complaint on file in U.S. District Court in Camden. The mixture is commonly used in commercial fireworks displays. Authorities seized several other improvised devices -- mostly plastic cylinders and cardboard tubes containing "…
NJ Rapper Fetty Wap Sentenced To 6 Years For Running Drugs NJ Rapper Fetty Wap Sentenced To 6 Years For Running Drugs
NJ Rapper Fetty Wap Sentenced To 6 Years For Running Drugs Paterson rapper Fetty Wap caught something of a break on Wednesday. A federal judge sentenced the platinum-selling rapper – whose real name is William Junior Maxwell II – to six years in federal prison on May 24 for his role in a drug-trafficking ring that flooded part of New Jersey and Long Island with cocaine, heroin, fentanyl and crack. Maxwell had been charged with conspiring to transport more than 100 kilos of the drugs there from the West Coast. Rather than risk the potential consequences of a trial, he took a deal from the government, pleading guilty in U.S. Eastern District Court …
Gang Member Who Stabbed Leonia Woman Dead Gets 30-Year Plea Deal Gang Member Who Stabbed Leonia Woman Dead Gets 30-Year Plea Deal
Gang Member Who Stabbed Leonia Woman Dead Gets 30-Year Plea Deal UPDATE: A Paterson gang member pleaded guilty to stabbing his new girlfriend to death in the Leonia apartment that she shared with her young daughter. Murder pleas are rare in Bergen County, where deals are often cut for just about every other charge. Nile “OG Cripp” Diakos, 36, nonetheless got a deal from prosecutors in the March 26, 2022 stabbing death of Alicia Arnone, 35. In exchange for his guilty plea, Bergen County Prosecutor Mark Musella said his office will seek a 30-year prison sentence for Diakos. Diakos was at the apartment with Arnone’s 13-year-old daughter when Leonia polic…
Gunpoint Rapist Robbed, Kidnapped One Of His Saddle Brook Victims: Prosecutor Gunpoint Rapist Robbed, Kidnapped One Of His Saddle Brook Victims: Prosecutor
Gunpoint Rapist Robbed, Kidnapped One Of His Saddle Brook Victims: Prosecutor Authorities on Friday seized a former Montclair High School football star who they said kidnapped and robbed one of multiple rape victims at gunpoint in Saddle Brook. There may be other victims, they said. Fokam Parfait, a 25-year-old repeat offender, fled the kidnapping rape on a motorcycle last Friday, March 24, Bergen County Prosecutor Mark Musella said in announcing his arrest a week later. Investigators from his Special Victims Unit and Saddle Brook police found that Parfait had also sexually assaulted “multiple” victims while armed in the township. Parfait – who played safety and lin…
NJ Coach, Teacher Sentenced For Sexual Assault Of Student NJ Coach, Teacher Sentenced For Sexual Assault Of Student
NJ Coach, Teacher Sentenced For Sexual Assault Of Student A former teacher and coach has been sentenced to four years in New Jersey State Prison for sexually assaulting a student, authorities said. Matthew Rennie, 29, of Ringoes, in Hunterdon County, was sentenced on Friday, March 17, according to Somerset County Prosecutor John P. McDonald. Rennie was arrested on Oct. 6, 2021, after a 17-year-old girl reported to Franklin Township Police that she was sexually assaulted by Rennie, who is employed at a private educational institution in Somerset County, McDonald said. McDonald did not name the institution in Franklin Township. The victim dis…
Paterson Ex-Con Pinched With Loaded Gun, High-Capacity Mag, 48 Heroin Folds: Police Paterson Ex-Con Pinched With Loaded Gun, High-Capacity Mag, 48 Heroin Folds: Police
Paterson Ex-Con Pinched With Loaded Gun, High-Capacity Mag, 48 Heroin Folds: Police A 26-year-old ex-con from Paterson who's already spent most of the past six years behind bars could be returning for even longer after city police said they caught him carrying a loaded gun and four dozen folds of heroin. Devon Wells was one of three passengers in a Chevy Impala stopped by Detectives Corey Davis, Muhammed Dombayci and Wisam Salameh near the corner of Summer and Morton streets for unspecified motor vehicle violations, Police Director Jerry Speziale said. Wells had been released from state prison last February after serving a combined five years in separate stretches for robb…
'Prophet Of Doom' Pleads Guilty To Mass NYC Subway Shooting 'Prophet Of Doom' Pleads Guilty To Mass NYC Subway Shooting
'Prophet Of Doom' Pleads Guilty To Mass NYC Subway Shooting UPDATE: An assailant who opened fire on a packed New York City subway train last year, wounding 10 commuters and igniting underground terror, admitted on Tuesday, Jan. 3 that he intended to cause mass harm. No one was killed in the horrific attack by Frank James, 63, which left victims strewn across a smoky 36th Street platform in the Sunset Park section of Brooklyn at the height of the April 12 morning rush. Rather than risk the consequences of a guilty verdict at a jury trial, James took a deal from prosecutors. The heavyset and balding domestic terrorist -- who'd dubbed himself the…
Did Suspected Idaho Killer Bryan Kohberger Study To Be The Perfect Criminal? Did Suspected Idaho Killer Bryan Kohberger Study To Be The Perfect Criminal?
Did Suspected Idaho Killer Bryan Kohberger Study To Be The Perfect Criminal? Dark details surrounding suspected University of Idaho killer Bryan Kohberger have many questioning if he studied to be the perfect criminal. Just a few months ago, Kohlerger, 28, then a student at DeSales University in Lehigh County, had posted a study to a since-deleted Reddit account, asking criminals to specifically detail plans and their mental state surrounding violent targeted crimes. Police believe Kohberger killed Xana Kernodle, Ethan Chapin, Kaylee Goncalves and Madison Mogen.Instagram "What steps did you take prior to locating the victim or target? Detail your thoughts and fe…
Suspected Idaho Killer Bryan Kohberger Has Deep Ties To Pennsylvania Suspected Idaho Killer Bryan Kohberger Has Deep Ties To Pennsylvania
Suspected Idaho Killer Bryan Kohberger Has Deep Ties To Pennsylvania "How did you leave the scene? Did you struggle with or fight the victim?" Those were two questions that suspected University of Idaho killer Bryan Kohberger posted to Reddit in a since-deleted thread, apparently while working toward his Master of Arts in criminal justice from DeSales University in Lehigh County. Kohberger, who went on to study criminology at Washington State University's Pullman campus, according to a another  deleted webpage, was arrested in the Pocono Mountains early Friday, Dec. 30 in connection with the deaths of the four students. But before he made national headline…
Jury Finds Former Cop Guilty Of Murder In Shooting Of Estranged Wife: Morris County Prosecutor Jury Finds Former Cop Guilty Of Murder In Shooting Of Estranged Wife: Morris County Prosecutor
Jury Finds Former Cop Guilty Of Murder In Shooting Of Estranged Wife: Morris County Prosecutor A jury has found a former Newark police officer guilty of murder in the 2019 shooting of his estranged wife and the attempted murder of her partner in Morris County following an eight-day trial, authorities announced. John Formisano, 52, was found guilty of first-degree murder, first-degree attempted murder, hindering apprehension or prosecution, official misconduct, and two counts each of child endangerment and possession of a weapon for an unlawful purpose, Morris County Prosecutor Robert J. Carroll said in a joint release on Tuesday, Oct. 4. Formisano, an Acting Lieutenant, was off-duty …