Rape Trial Of Manville Police Chief Set After Rejected Plea Deal

MANVILLE, NJ — A trial date has been set for suspended Manville Police Chief Thomas Herbst who is accused of rape and sexual assault of multiple women after declining a plea deal.

Herbst, 55, of Bridgewater, was indicted on eight charges including 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.

He faces a maximum sentence of 71.5 years in prison and 42 years of parole ineligibility.

However, Herbst was offered a deal by the state for him to plea to count 5 - Pattern of Official Misconduct. This would sentence Herbst to 5 years in state prison with five years of parole ineligibility. He would also have to forfeit all public employment, according to a Pretrial Memorandum.

"Plea has been rejected and trial will proceed," James Wronko, Esq. who is representing Herbst told Patch on Tuesday.

The trial date was set for Oct. 21 before Judge Peter J. Tober.

A grand jury returned the eight-count indictment on June 13, 2023, against Herbst, who was arrested and charged in April 2023 following an investigation by the Attorney General’s Office of Public Integrity and Accountability (OPIA). Read More: Manville Police Chief Charged With Sex Assault Of 2 Employees

*Warning the below description of the crimes may be triggering to some people*

Suspected Misconduct

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 Attorney General Matthew J. Platkin in June.

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.

Alleged Sexual Assaults

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.

Safe+Sound Somerset provides free and confidential services for individuals and families impacted by sexual assault and domestic violence. If you or someone you know need help, reach out to their 24/7 Call and Text Helpline at 866-685-1122, or visit their website at www.safe-sound.org .

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