Prosecutor Files Motion Against Bridgewater Cop Involved In Mall Investigation

Correction: An earlier version of this story incorrectly stated that a lawsuit was filed against the officer. What was filed was actually a motion to quash.

BRIDGEWATER, NJ — The Somerset County Prosecutor's Office(SCPO) filed a motion to quash against a Bridgewater Police Officer who could face disciplinary action for his involvement in the Feb. 12, 2022 mall incident.

The motion was filed in Somerset County Superior Court on July 12 against Bridgewater Police Officer Adam Giurlando.

The purpose of the motion is to quash subpoenas filed by Giurlando's attorney seeking documents from the SCPO related to the police response of a viral Bridgewater Commons mall fight between a light-skinned teen and a Black teen in February 2022.

On April 12, the SCPO received a subpoena from the disciplinary hearing officer Raymond Hayducka seeking two specific documents.

The first is a preliminary use of force report authored by an expert, Dr. Richard Celeste, "solely for the purpose of consultation," according to the motion.

Dr. Celeste is described as an expert in his field of law enforcement training, police pursuits, use of force and police practices. He is also the Director of the Somerset County Police Academy and was asked to by the SCPO to evaluate facts gathered as part of the investigation into the mall incident.

"The report is self-described as 'preliminary' and subject to change upon the review of additional materials," according to the motion.

The motion also points out that there is no reference to Dr. Celeste's report made in the draft memorandum.

The second is a memorandum written by then Somerset County First Assistant Brian Stack, amended by various attorneys of the Prosecutor's Office, to the New Jersey Attorney General Office of Public Integrity and Accountability(OPIA) Director Tom Eicher.

The motion claims the memorandum written by Stack was a "draft report with all pages clearly reflecting 'DRAFT' watermark. It was never intended as a final report and was subject to multiple reviews and revisions by other attorneys within the Prosecutor's Office. It reflected no more than the legal opinions based upon evidence gathered to that point and was intended to be shared only with the attorneys at the OPIA."

The motion is asking the court to find the "documents sought by way of subpoena are protected attorney work" and "that the subpoenas be quashed."

The SCPO told Patch it could not comment on any pending motions.

Administrative Proceedings

The Township confirmed to Patch in late June that administrative proceedings have not been completed since the Attorney General completed its investigation and sent a comprehensive Internal Affairs Report and Findings to Bridgewater on Sept. 28, 2022. Read More: Outcome Of Bridgewater Cops Handling Of Mall Fight Remains Incomplete

"While the testimony portion has been completed, the parties are awaiting documents that were subpoenaed from third-parties prior to submitting their closing briefs to the hearing officer," said Bridgewater Deputy Township Administrator Wells Winegar to Patch in late June.

The Mall Incident

The incident went viral nationally when it was recorded by body-worn cameras and mall patrons outside Bloomingdale’s at the mall just after 7 p.m. on Feb. 12, 2022. Read More: Cops Criticized After Stopping Teen Fight At Bridgewater Mall

During the incident, Bridgewater Township police officers forced one juvenile, a 14-year-old Black boy, to the ground and handcuffed him, while a 15-year-old, who is of Colombian and Pakistani heritage and who was perceived to be white, was placed on a chair and not handcuffed, according to the Attorney General.

See the video below by NJ Spotlight News:

The video was posted to social media and as a result, more than 1,000 complaints were received by the Somerset County Prosecutor’s Office and the Bridgewater Police Department, alleging discriminatory conduct based on race by the officers, according to the AG.

Both juveniles were later released to their parents, and no charges were filed against either child.

Matthew Reilly with the New Jersey Department of Justice's Office told Patch no charges in the District of New Jersey were filed against either Bridgewater Officers Adam Giurlando and Brittany MacDonald.

Following the release of the video, Murphy also previously said he was "deeply disturbed" by the video and the New Jersey chapter of the National Association for the Advancement of Colored People, a civil rights organization, had called for the Bridgewater officers involved to be immediately removed from the police force pending an investigation.

Several marches by activists were also held calling for justice for the black teen Z'Kye Husain.

Nationally known civil rights attorney Ben Crump, who has handled cases involving George Floyd, Trayvon Martin, and Breonna Taylor, was also retained by the family of the Black 8th grader handcuffed by Bridgewater Township Police following a mall fight. Read More: George Floyd Family Attorney Hired By Black Teen In NJ Mall Fight

Crump and Husain's family held a press conference at the township on March 2, 2022. Crump said his group is contemplating filing a federal civil rights motion based on "his fourth amendment rights being infringed upon based on unreasonable search and seizure. And obviously equal protection." Read More: Black Activists Halt Rally For Teen Cuffed At Bridgewater Mall

It is unclear if Crump is still representing the family.

On March 3, 2022, Bridgewater held a Community Conversation with community officials and leaders to hear from the public about the incident. Read More: Bridgewater To Turn Viral Mall Video Into Racial Justice Lesson

On April 4, 2022, Bridgewater hired former Somerset County Prosecutor Michael Robertson to help the township deal with the outcome of an investigation. Read More: Bridgewater Hires Former Prosecutor To Help With Police Mall Incident

The council unanimously voted to award a contract to Robertson during the April 4 meeting for a period of one year with a cost likely exceeding $17,500 and no more than $25,000.

This past February, Bridgewater announced the launch of the BridgewaterSHIELD program, which has been designed to build and strengthen the ties between the police department and the community. Read More: Bridgewater Launches New Police Program To Improve Ties With Community

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