Manville Police Chief, Accused Of Rape, Faces New Charges

MANVILLE, NJ — Suspended Manville Police Chief Thomas Herbst is facing new charges after a state grand jury voted to file criminal charges on Monday, related to him allegedly engaging in sexually inappropriate, criminal acts targeting multiple women against their will for years, said authorities.

The grand jury returned an eight-count indictment against Herbst, 55, of Bridgewater, who was arrested and charged in April following an investigation by the Attorney General’s Office of Public Integrity and Accountability (OPIA), Attorney General Matthew J. Platkin announced on June 13. Read More: Manville Police Chief Charged With Sex Assault Of 2 Employees

The indictment charged Herbst with two counts of sexual assault, four counts of official misconduct, one count of a pattern of official misconduct, and one count of criminal sexual contact.

A new count covering suspected misconduct by Herbst following his suspension was included in the indictment.

An investigation found that Herbst deliberately held onto a Manville Police badge he was required to turn in after he was suspended from the force, said Platkin.

Herbst, who worked for the Manville Police Department since 1991 and was on paid administrative leave at the time and reportedly showed the badge when he was pulled over by a local police officer on Jan. 30, 2023, claiming he was still an active-duty member of the police department, said Platkin.

Since his arrest in April, Herbst is now on unpaid leave.

"We expect those who swear an oath to uphold and enforce the law to be honorable, committed to the cause of justice, and dedicated to public service, and we require that they follow the law themselves," said Platkin. "Herbst allegedly established an unsafe toxic work environment for women where power was abused. His conduct, as alleged, was unacceptable and criminal, and we expect to prosecute him to the fullest extent of the law for these alleged abuses of the public’s trust."

"Police chiefs should be a positive example for their officers and the people of their communities," said Thomas Eicher, the Executive Director of OPIA. "We allege that, instead, Herbst used his rank and the badge inappropriately to benefit himself, including after he was suspended from the job for his previous conduct. The grand jury returned criminal charges based on alleged conduct that falls far outside the professional standards and the responsibilities that come with the uniform."

Herbst is accused of unwanted sexual behavior toward at least three women.

According to an investigation Herbst regularly groped, exposed himself to, sexually harassed, and sexually assaulted an employee of the police department who reported directly to him, using coercion and doing so without the victim’s consent, between 2008 and 2021.

The attacks often happened while he and the victim were on duty, and many of the alleged attacks took place in various locations at police headquarters, said Platkin.

In one of the earlier attacks, Herbst called the victim into his office and told her he would allow her to leave work early because of the snow. He then stood next to the chair blocking her from getting out, removed his penis from his pants, masturbated, and ejaculated into her hair and onto her clothing. He told her he was sorry and directed her to go home, according to the arrest affidavit.

Acts like the initial attack allegedly occurred repeatedly, but eventually escalated to acts of assault by penetration, said Platkin.

Herbst at one point ordered one victim to begin wearing skirts to work to facilitate and escalate the assaults. On occasion, he would arrange to meet her at a motel to assault her, and at one point when she resisted, he accused her of disobeying orders, said Platkin.

Herbst also allegedly attacked the victim in her own home, entering through the backdoor of her home uninvited and sexually assaulting the victim. Investigators say that, in an attempt to avoid those encounters, the victim began closing her blinds, locking her doors, and parking in her garage so that when the defendant drove by, he would not know she was home, said Platkin.

According to the investigation, Herbst also solicited sexual favors from the wife of one of his subordinate officers in order for that officer to receive favorable employment decisions and opportunities.

In one instance, Herbst texted his subordinate demanding oral sex from the employee’s wife in exchange for a promotion. That conduct violated Borough of Manville sexual harassment policies prohibiting a borough employee from requesting sexual favors when submission to or rejection of such conduct is used as the basis for an employment decision affecting a municipal employee, said Platkin.

Evidence additionally revealed Herbst went to the newly purchased home of another victim, who had previously been his subordinate, and while touring the house, sexually assaulted her, said Platkin.

One of the victims filed a lawsuit against Herbst on Feb. 15, 2022, which prompted the investigation. Read More: Manville Police Chief Accused Of Raping Employee: Lawsuit

A single mother, the employee said she didn't speak out against the abuse until now because she was worried about losing her job.

"Plaintiff feared that, if she refused to comply with Herbst’s implicit sexual demands, he would retaliate against her and find some way to terminate her, or at the very least he would make things very difficult for her at work," the lawsuit said.

Herbst faces 5 to 10 years in state prison and a fine of up to $150,000 on the second-degree sexual assault charges. In addition, the second-degree misconduct charges and pattern of misconduct charge each carries a 5-year term of parole ineligibility as well as mandatory forfeiture of Herbst’s public pension, forfeiture of public office, and a lifetime ban from holding future public office or public employment.

The fourth-degree charges carry a sentence of 18 months in prison and a fine of up to $10,000.

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