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A grand jury indicted a sergeant and five senior corrections officers for the attack and subsequent coverup, Attorney General Matthew Platkin said in a news release on Wednesday, Oct. 30. The incident happened at Garden State Youth Correctional Facility, a center for adults 18-30 years old in Chesterfield Township.
These were the officers charged in the case:
- Sgt. Michael Emmert, 40, Toms River
- Christopher Toth, 40, New Egypt
- Mark Sadlowski Jr., 46, Sewell
- Raymond Quinones, 50, Beachwood
- Michael Gaines, 58, Willingboro
- Michael Ambrozaitis, 60, Southampton
According to court documents, Sgt. Emmert pepper-sprayed the victim in his cell on Wednesday, Apr. 8, 2020. The inmate wasn't given an order to follow and had extended his hands to be cuffed.
State Department of Corrections policy requires officers to give inmates "a loud, clear order to comply and an opportunity to comply" before using pepper spray and forcing them out of their cells.
The other five officers then joined a suited team and approached the victim’s cell. Sgt. Emmert pepper-sprayed the inmate again without giving him a chance to comply before the team removed him from his cell.
Toth was accused of witnessing Sgt. Emmert's excessive force and not taking "appropriate action" to stop him.
The complaint said the victim screamed in pain and needed an inhaler and oxygen in the infirmary.
"New Jersey correctional officers work under trying circumstances and do essential work in the criminal justice system and in maintaining public safety," Platkin said. "The alleged conduct of the officers indicted in this case does a discredit to every correctional officer who performs their duties with integrity. The mistreatment of young adults in the state’s care will not be tolerated and no one is above the law."
The indictment said the six officers falsified incident reports, claiming the victim was given orders, had the chance to comply, or was resisting before the excessive force was used.
"As alleged, the defendants filed false reports to cover up an assault of an inmate by a correctional officer," said Drew Skinner, executive director of the state's Office of Public Integrity and Accountability (OPIA). "These charges demonstrate that those who abuse individuals under the protection of the state and those who cover up such abuse will face serious consequences."
All six officers were charged by summonses on Wednesday, May 25, 2022, with second-degree official misconduct, third-degree tampering with public records, and fourth-degree falsifying or tampering with records. Sgt. Emmert and Toth were also charged with third-degree aggravated assault.
The indictment announcement came one day after two senior officers at a different Burlington County correctional center were charged. William Young, 35, of Marlton, and Gary Nieves, 53, of Burlington City, were accused of repeatedly sexually assaulting a teen inmate at the Juvenile Female Secure Care and Intake Facility in Bordentown.
If convicted of official misconduct, the six officers in the pepper spray case faced five to 10 years in state prison and fines of up to $150,000.
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