Wildwood Police Action on Beach Not Criminal; Department to Conduct Internal Investigation

CREST HAVEN – The Cape May County Prosecutor’s Office ended its preliminary investigation regarding the May 26 incident involving Emily Weinman and the Wildwood police on the beach.
The preliminary investigation was to determine whether the arresting officer or officers’ actions potentially violated state Use of Justifiable Force law to effect an arrest or any other related criminal statutes.
It was determined by the County Prosecutor’s office that the actions of the arresting officer(s) did not meet the evidentiary standards to warrant criminal charges under that law or any other related criminal statutes, according to a release.
As a result of this finding, the Wildwood Police Department’s Internal Affairs Unit is conducting an Administrative Investigation, with monitoring by the Cape May County Prosecutor’s Professional Standards Unit.
The purpose of the preliminary investigation was to determine whether the Professional Standards Unit (“PSU”) of the Cape May County Prosecutor’s Office would conduct the Internal Affairs investigation based on possible criminal charges against the arresting officer(s), or whether the Wildwood Police Department would conduct an Administrative Internal Affairs Investigation.
This review is consistent with the New Jersey Attorney General’s Internal Affairs Policy and Procedures; Issued August 1991, last revised November, 2017, Section III.E (2).
The preliminary investigation consisted of reviewing Police Body Worn Camera (BWC) footage from the arresting officer, review of video taken by a private citizen of the later portion of the altercation, BWC footage of the officer transporting Weinman, police vehicle video, internal affairs interviews of several independent witnesses, and the written arrest reports and summons and complaints.
This information was reviewed in accordance with the Attorney General’s Use of Force Policy.
County Prosecutor Jeffrey Sutherland stated, “I recognize that the video footage has raised a lot of questions regarding the officers’ actions. A decision such as this is not based on emotion; it is based upon applying the proper laws, policies and directives that govern law enforcement. Members of the public should understand that no matter what your opinion is regarding the subject event, it is not based on a full review of the evidence. Ms. Weinman and her attorney are entitled to due process and they have not yet received the information that they will be entitled to as part of the legal process.
“Given that this is an on-going Internal Affairs Investigation and a pending criminal matter, no interviews will be granted to protect the process and to comply with State of New Jersey Executive Order No. 69.”