The officer still may face administrative charges from within the borough’s Police Department.
By: Mark Moffa
HIGHTSTOWN The Mercer County Prosecutor’s Office this week dropped all charges against a borough police officer suspected of falsifying police reports.
Assistant Mercer County Prosecutor Angelo Onofri announced during trial proceedings against Patrol Officer Michael Gordy on Tuesday at the borough’s Municipal Building that the county’s charges against Officer Gordy would be dropped. The trial had not concluded when Prosecutor Onofrio made his announcement.
The officer was charged with making a fictitious or false written statement, filing a fictitious report and making a false entry into government records.
The officer still may face administrative charges from within the borough’s Police Department.
Officer Gordy has been suspended with pay since Feb. 6.
"The state, to its credit, realized there was no case against Officer Gordy," said Scott Krasny of West Trenton, the attorney representing Officer Gordy.
Mr. Krasny said his earlier request to have the charges dismissed was rejected by Mercer County Municipal Court Judge Lawson McElroy this week.
At a previous proceeding last month, Mr. Krasny asked the court to drop the charges because a document he said was critical to the prosecution’s case was missing.
The county’s charges dated to an incident from early Oct. 1 last year, in which Officer Gordy stopped a vehicle thought to be stolen. He arrested two teen-age girls, who were placed in the back of Officer Gordy’s car with the help of Patrolman Benjamin Miller.
According to testimony last month from Officer Miller, Officer Gordy’s shift ended at 5:30 a.m.
Officer Miller claimed that after Officer Gordy left, shortly after 5 a.m., he wanted to use Officer Gordy’s patrol car. While conducting a check of the patrol vehicle, Officer Miller said, he found marijuana under the back seat of the car.
He said he placed the drugs into an evidence bag and held onto the bag until after noon, when Officer Gordy returned. At that time, he said, he told Officer Gordy of his finding, and the two agreed they would charge one of the juveniles arrested in the stop earlier that day with possession of the drug.
Hightstown Police Department rules require that an investigative or supplemental report be filed in such a case. Officer Miller said an agreement was made with Officer Gordy at that time that Officer Miller would fill out a supplemental report when he returned to work in three days.
Officer Miller, however, said that when he returned he found Officer Gordy already had filed a supplemental report.
It is that report that was at the heart of the case. Officer Gordy’s report claimed that Officer Gordy and Officer Miller discovered the drugs together.
Mr. Krasny last month argued that a form was missing. He said Officer Miller should have filled out an evidence form when he dropped the evidence bag with the marijuana into the borough’s evidence locker.
The judge ruled this week, according to Mr. Krasny, that the case should proceed despite the missing form.
But shortly after that ruling, Mr. Onofri announced the charges would be dropped.
Mr. Krasny said the prosecutor’s case was flawed, and filled with discrepancies. He said the borough gas logs show that Officer Gordy was filling his car with gas at the time Officer Miller said he discovered the marijuana in the car. An East Windsor police officer reportedly saw Officer Gordy without Officer Miller at the fueling pumps early Oct. 1.
Mr. Krasny also said the report filed by Gordy was not an official police report since a superior officer never approved the document.
Mr. Onofri was unavailable for comment Thursday.
Casey DeBlasio, public information officer for the prosecutor’s office, confirmed the charges were dropped.
"They were dropped due to legal and evidential problems that arose both prior to and during the trial," she said.
Hightstown Police Chief James "Mickey" Eufemia said he will speak with Steven Goodell, the borough’s attorney for disciplinary matters, as to whether the borough should proceed with administrative charges.
He said a decision should be made by the end of next week or the beginning of the following week.
Should the borough decide to bring charges, an independent hearing officer would be appointed, and a hearing would be held in a format similar to a criminal trial, the chief said.
Asked about the discrepancies cited by Mr. Krasny, Chief Eufemia said he would rather not comment on any forms or reports related to the case so as not to jeopardize any future proceedings.