To the Editor:
I regret to write this because the Middle Township Police Department and the Cape May County Prosecutor’s Office are failing to protect their citizens against intentional political violence. On the heels of the terrible politically targeted shooting in Minnesota, it is of the utmost importance to let people know that violence against those with political differences is not acceptable.
I am part of a small group of peaceful protesters who demonstrate three to five days a week against actions taken by the federal government. Before each protest, we notify the police of our plans and location.
On June 11, we were protesting in Rio Grande when a man on a motorcycle approached us, yelling expletives at the protesters. We are trained not to respond to such provocations. However, the man became increasingly agitated and shouted, “Do you want to [expletive] die?” He then drove his motorcycle onto the sidewalk, intentionally striking one of the protesters, Rimma Devault, with his handlebars as she recorded the incident. He continued toward me, forcing me to jump out of the way onto the grass. As a former police officer (in Portland, Maine), I made a point to note his license plate number.
We called the police immediately, but it took them over 10 minutes to respond. This interaction is recorded on body camera footage. Several officers arrived, and I explained the situation to the reporting officer, Officer Sarah Frazier. Several superior officers were also present. I asked a supervisor if this would be categorized as an assault, considering that the individual had struck someone. He stated that it would not be labeled as such, but rather classified as a motor vehicle accident. I explained that I was a former police officer and that the assailant had intentionally driven at pedestrians and struck one, which warranted categorizing it as assault. He expressed disinterest but said he would consider it but had to look at the evidence. I then showed the reporting officer the video evidence we had. They took our information and asked if anyone needed medical assistance before speaking with other protesters.
When I called the next day, the reporting officer informed me that the incident was deemed a car accident and that the Prosecutor’s Office did not wish to pursue criminal charges. She stated that they had located the motorcycle rider and served him with two traffic tickets, but “that was all they could do.” I expressed my dissatisfaction and requested the name of the assistant prosecutor she had spoken with. She informed me that it was Assistant Prosecutor Hance who made the decision not to pursue charges against the assailant. I then contacted the Prosecutor’s Office and stated that I would escalate the matter through government channels and the media if I did not receive an explanation for their decision.
Later that day, I received a call from Detective Lakeisha Tiernan from the Prosecutor’s Office. She indicated that she would look into the case and requested that I send her the video, which I did immediately.
Shortly after, Police Chief Super from Middle Township PD called in response to an email I had sent him with a copy of the video. I asked why his officers did not report the incident as an assault. He replied that, in his interpretation of the video, it constituted intimidation rather than assault. I explained to him that striking a pedestrian crosses the line into assault. He continued to point fingers at the Prosecutor’s Office, claiming they needed to approve any assault charge. I informed him that I was in contact with the Prosecutor’s Office and reiterating the need for action on behalf of the citizens of his town and county.
Again, as a former officer, I am aware of the definitions of assault and when incidents with aggravating circumstances escalate charges. For instance, when someone drives drunk and gets pulled over, it is charged as DWI. If they strike and kill someone while driving under the influence, it becomes aggravated circumstances, rising to negligent homicide or vehicular manslaughter. Similarly, if someone robs a convenience store, it is robbery. If a firearm is involved, it elevates to armed robbery.
I find it deeply insulting that the police chief either does not understand or does not care that a person verbally threatened the lives of peaceful protesters simply because he disagreed with them. Regardless of whether his intention was to hit pedestrians, by choosing to drive on the sidewalk and ultimately striking someone, it crossed the line from intimidation to assault. I consider this a gross negligence on the part of both the police chief and the Prosecutor’s Office.
It is the duty of our first responders and the Prosecutor’s Office to protect all of their citizens, not just some.
Deanna Fernandez, Lower Township
