Police continue hearing on excessive force charge

Somerset man alleges two officers roughed him up.

By: Nick D’Amore
   Two officers accused of using excessive force during a traffic stop in June 2000 on Deans Lane faced their accuser Wednesday during the third phase of disciplinary hearings.
   Robert Acosta, 48, of Somerset, who was in a vehicle with brothers Fred, Jeff and James Schweighardt, filed a complaint against Detective John Avalone and Patrol Officer Mark Lorenc alleging the two officers roughed him up after the group was pulled over on Black Horse Lane.
   The officers say Mr. Acosta resisted arrest and was verbally abusive. They also deny that they used excessive force, as detailed by the brothers and Mr. Acosta.
   Mr. Acosta said he currently suffers from headaches resulting from the incident. The rest of his testimony was similar to that of James and Jeff Schweighardt who testified last month.
   Mr. Acosta said he and the three boys, all landscapers, were traveling on Deans Lane after doing work on the grounds of High Grade Beverage on Georges Road.
   When they approached the railroad overpass on Deans Lane, Mr. Acosta said he saw a dump truck stopped underneath the bridge, with its driver hanging out his window trying to clear the bridge. Mr. Acosta’s Jeep Cherokee Laredo was stopped behind another car that was behind the truck.
   Mr. Acosta testified that he wanted to help the truck driver through, so he pulled out "very cautiously" into the oncoming traffic lane alongside the truck. Once in the opposing lane, he saw a car was stopped at the top of the hill on the other side of traffic.
   Mr. Acosta told James Schweighardt to tell the driver they were going to help him and to guide him under the bridge.
   "The driver didn’t speak English, so it was difficult to communicate with him," said Mr. Acosta.
   Mr. Acosta then said he heard a car behind him blowing its horn, so he pulled up in front of the truck. When he saw the car was a police car, he pulled over onto Blackhorse Lane.
   Mr. Acosta said he got out of the car to talk to police, whom he said used expletives to instruct him to get back into the car.
   "I didn’t think I was getting pulled over for a violation," he said. "I didn’t get back in the car because I was going to explain about the truck."
   Contrary to testimony by James and Jeff Schweighardt, Mr. Acosta maintained that he did not approach the officers. He said he stood stationary outside his door.
   Barry Albin, attorney for Detective Avalone, asked Mr. Acosta if he knew that proper protocol was to wait in the car until an officer approached.
   "When I feel I’ve done something wrong, yes. I was trying tell the officers what I was doing. Any officer who’s been on the force for more than five years would’ve been able to see what I was doing," said Mr. Acosta.
   Mr. Acosta said Officer Lorenc then threw a punch at him. Mr. Acosta said he swung around and placed his hands on the roof rack of his Jeep. He testified that Officer Lorenc and Detective Avalone, in plain clothes, began elbowing him in the side of the face and choking him. The encounter lasted for about a minute, he said.
   Mr. Acosta said he saw James Schweighardt begin to get out of the car and told him to get back into the car. At this point, he took his hands off the rack and was handcuffed face first on the ground alongside his Jeep.
   Mr. Acosta then testified that he was beaten for another five to 10 seconds while on the ground.
   Mr. Acosta said he was not resisting arrest or verbally abusive towards the officers at any time during the incident. He conceded that Jeff Schweighardt was most likely being loud and using offensive language at the officers.
   "He’s a 19-year-old kid," he said.
   Mr. Acosta and Jeff and James Schweighardt were placed under arrest and processed at police headquarters. Once in the station, Mr. Acosta said he wanted to see Police Chief Michael Paquette.
   Mr. Albin asked Mr. Acosta if he knew the chief personally, he said he didn’t, but that another Schweighardt brother, Frank, had taken a class at Rutgers University taught by Chief Paquette.
   Mr. Acosta also was asked about police officers he knew personally that also know Officer Lorenc, as well officers he knew from Highland Park.
   Despite numerous requests by Mr. Albin and an order from Thomas Finn, the director of public safety of East Brunswick who is running the proceedings, Mr. Acosta refused to name any names.
   "I’d rather be locked up than name names of officers I know," he said.
   Mr. Albin also read from statements of Sgt. Patrick O’Brien, Patrol Officer Chris Giampietro and Patrol Officer Jeffrey Russo. The three officers all wrote that Mr. Acosta had been yelling and swearing at the station.
   Mr. Acosta emphatically denied using expletives towards the officers and yelling at them.
   "Check the camera. There was a camera outside the cell. I didn’t curse at one officer," he said.
   Mr. Acosta did admit to telling Officer Lorenc at the station: "You would’ve been better off killing me." He said he made that remark because he was going to expose the truth of what they had done.
   When accused of saying that he was going "to have their jobs," Mr. Acosta said, "If I was after their jobs, I would’ve signed a criminal complaint."
   Mr. Acosta admitted he asked Detective Avalone, "What makes people like you act like animals?"
   Mr. Albin asked if he had asked the question to humiliate or degrade Detective Avalone.
   "Maybe I was stupid enough to believe he’d actually answer me," Mr. Acosta answered.
   Mr. Acosta said he called the Rev. Al Sharpton’s office after leaving the station to see what his legal avenues were and that the Rev. Sharpton’s secretary told him to go get medical attention first. Mr. Acosta said he was too excited to realize he should have gone to the hospital before.
   Mr. Acosta said he was prescribed aspirin for his headaches after going to the emergency room.
   Mr. Acosta also provided pictures of various bruises and scratches on his face and arms, but none of his back, where he said he was also kneed and hit during the incident.
   Mr. Acosta also admitted to having been stopped between 200 and 300 times by police officers, but he said he was never arrested.
   Testimony will resume Monday, with testimony from Capt. Michael Marosy and Chief Paquette.
   "We’re very satisfied with the way the testimony is progressing," said Mr. Albin.