Posted: Jun. 28, 2017 12:01 am
SUPERIOR COURT — A above constable in Hamburg was slapped beyond the aback of the arch by his sergeant, fabricated to apple-pie bathrooms and put on “permanent” 12-hour night accouterment for several months, according to affidavit Tuesday in a accusation filed by Daniel Farruggio, who accommodated from the administration in May 2013.
Farruggio, a Sparta resident, filed the accusation adjoin the apple in February 2014, beneath the state’s Conscientious Employee Protection Act, and the balloon began on Monday afore Superior Cloister Judge Frank J. DeAngelis in Newton.
The clothing seeks bearding compensatory, consequential and castigating damages; a civilian accomplished of up to $20,000 per abuse beneath the CEPA; abatement “mandating reemployment and benefits”; and advocate fees.
On the angle Tuesday, above Hamburg badge Sgt. Christopher Nichols, who is now a constable in Maywood, said he was continuing in the badge base on Nov. 12, 2012, aback then-Sgt. David McNulty absolved up abaft Farruggio “and with an accessible duke smacked the aback of his (Farruggio’s) head.”
“I was actually stunned,” the administrator said and acclaimed it “was such a big accord to me I wrote it down.”
The accusation is filed adjoin the Apple of Hamburg, as Farruggio’s employer, but deals with accomplishments by McNulty and by Badge Administrator Wayne Yahm, who was assassin by the apple in March 2012, about two years afterwards Farruggio and Nichols aing the force.
Yahm additionally appeared on the angle Tuesday, alleged as a attestant by Farruggio’s attorney, Louis Barbone, of Atlantic City.
Yahm said that Farruggio was assassin by now-retired Arch Jan Wright and that there was never a chat amid himself and Wright about Farruggio, alike afterwards questions arose in the abatement of 2013 about issues on the adolescent patrolman’s appliance to accompany the Hamburg force.
According to testimony, Farruggio has an arrest almanac as a juvenile, which was handled as a chaotic bodies violation, and also, as a teenager, was advised by doctors for all-overs disorders. Both affairs were explained on his job application.
In backward 2013, however, Farruggio confused to Hardyston and abounding out a new pistol admittance because of his change of address. Procedure, alike with a accessory account such as a change of address, triggers a abounding analysis of the admonition on the permit.
Hardyston allegedly came up with admonition that Farruggio, as allotment of his analysis as a teen, spent at atomic one night at St. Clare’s Hospital.
Hardyston notified the Sus County Prosecutor’s Appointment of the discrepancy, and that appointment in about-face notified Yahm, who angry the analysis over to McNulty, who at the time was in allegation of centralized investigations for the Hamburg force.
On Feb. 8, 2013, Farruggio was told he was actuality abeyant awaiting aftereffect of the centralized analysis into filing a apocryphal account by not adage he had an brief stay.
On admonition of an attorney, Farruggio submitted his abandonment in May and all the investigations were dropped.
Allotment of the above officer’s affirmation is that the Hardyston adventure was the final harbinger in a attack of browbeating advised to get him to abdicate that began aback above arch Wright retired in backward 2011.
In his testimony, Yahm said he had advised all cadre annal aback he became badge administrator and recalled seeing in Farruggio’s annal that he had been convicted, “and had a bent history.”
“I was concerned, but had no recourse at the time,” Yahm said.
Asked if he anytime followed up, the administrator said, “There was annihilation I could do about it, so I didn’t chase up.”
He additionally accepted that he did not chase up on the treatments listed by Farruggio, which included a account of four doctors, one a psychiatrist, on his job application.
Yahm was cryptic as to whether he had anesthetized forth admonition to McNulty about Farruggio’s treatments and adolescent almanac but accepted he may accept said article based on what he had been told by the Prosecutor’s Office.
Afterwards Farruggio was abeyant in February 2013, Yahm said he ordered him to address for a cerebral assay as allotment of the analysis to see if he was fit for duty.
The results, he said, showed he was “fit for assignment (pause) with a ability for not actuality truthful.”
Aback challenged by Barbone about the “truthful” statement, and that it had never been mentioned before, Yahm said, “It’s article that aloof popped into my head.”
Asked about McNulty’s accepted cachet with the Hamburg police, Yahm said he was now a patrolman.
“You demoted him?” asked Barbone.
“Yes,” replied Yahm, who said the acumen “had to do with his administration of convoying duties, not actuality truthful.”
There was additionally the adventure of an attempted parking admission fix for the wife of a corrections officer. That administrator is brother to a badge officer, and they are sons of above Franklin badge administrator Gilbert Snyder, now a apple councilman.
Although Yahm said the ancestor was not allotment of the conversation, he said he and McNulty, as a favor to the corrections officer, approved to get Farruggio to assurance an authoritative change that would see the admission absolved in court.
Aback Farruggio banned to assurance the paperwork, Yahm said he and McNulty chipped in calm and paid the ticket. He said he couldn’t bethink how abundant the admission was.
He said in cloister that he had talked to Brian Snyder, the corrections officer, but in a March 2016 deposition, taken beneath oath, he said the alone being he talked to was the Hamburg academy superintendent.
The admission was issued to a car anchored in a “no parking” area, although the wife, a acting teacher, claimed she had been accustomed permission to esplanade there by a academy custodian.
On the stand, Nichols said admiral were told to “take it easy,” and “look the added way,” aback it came to accompany of McNulty and Yahm.
Defense advocate John Bowen of the aing Schenck Price Smith & King, asked Nichols if he took an adjuration to advocate the law, and why he didn’t arrest McNulty aback he slapped Farruggio in the head.
Nichols said admiral in the administration had been told by Yahm that all complaints had to go through his office.
“But this would be an arrest, right?” Bowen asked.
“An arrest is a complaint,” Nichols answered.
At the aing of his testimony, Nichols said that as a patrolman, he acquainted barred by Yahm’s directive.
However, aback answer to sergeant, and at one time he was the administrator in allegation of the department, “I filed several complaints with the Prosecutor’s Office.”
He was not accustomed to say added about those complaints.
The board of four women and three men will be pared to a console of six afore deliberations begin.
Cloister is to resume with added affidavit this morning.
Bruce A. Scruton can additionally be contacted on Twitter: @brucescrutonNJH or by phone: 973-383-1224.
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