TRENTON – A sergeant and five senior corrections officers were indicted by a state grand jury after the leader allegedly pepper sprayed an inmate and the rest of them helped cover it up.
The officers are accused of conducting a “forced cell extraction of an inmate,” and then falsifying reports to cover their actions on April 8, 2020 at the New Jersey Department of Corrections’ Garden State Youth Correctional Facility in Burlington County.
According to police, Correctional Police Sgt. Michael Emmert sprayed the victim with pepper spray, without giving the victim any opportunity to comply, and despite the victim offering to be handcuffed.
Investigators said that the victim screamed in pain and left his cell covered in blood. He was given an inhaler and oxygen in the infirmary, where cuts on his face were treated.
The officers then claimed that the victim refused orders to be handcuffed, blocked a food port, and attempted to “mule kick” a shield. Investigators said that the surveillance video doesn’t show this.
These actions violated policy which states that the inmate must be given an opportunity to comply before being forced out of their cell. The age of the inmate was not provided.
The accused are Sgt. Michael Emmert, 40, of Toms River; and Senior Correction Police Officers Christopher Toth, 40, of New Egypt; Raymond Quinones, 50, of Beachwood; Michael Gaines, 58, of Willingboro; Mark Sadlowski, Jr., 46, of Sewell; and Michael Ambrozaitis, 60, of Southampton.
All of these suspects were charged with Official Misconduct (2nd degree), Tampering With Public Records (3rd degree), and Falsifying or tampering with records (4th degree).
Emmert and Toth face an additional charge of aggravated assault (3rd degree).
Toth was additionally charged for witnessing the excessive force and allegedly failing to intervene, report, or take appropriate action to prevent Emmert from engaging in more excessive force against the victim.
“New Jersey correctional officers work under trying circumstances and do essential work in the criminal justice system and in maintaining public safety,” Attorney General Matthew J. 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.”
“As alleged, the defendants filed false reports to cover up an assault of an inmate by a correctional officer,” said Office of Public Integrity and Accountability Executive Director Drew Skinner. “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.”
The aggravated assault charge carries a sentence of three to five years in prison and a fine of up to $15,000. A third-degree tampering with public records charge carries a sentence of three to five years in prison, including a mandatory two-year term of parole ineligibility, and a fine of up to $15,000.
Second-degree charges carry a sentence of five to 10 years in state prison and a fine of up to $150,000. Third-degree charges carry a sentence of three to five years in prison and a fine of up to $15,000, while 4th degree offenses could lead to up to 18 months in state prison and a fine of up to $10,000.
Charges are merely accusations until proven in a court of law.
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