Ex NJ Police Chief Charged With Hate Crime For Assault On Teen

Federal authorities have charged a former Burlington County police chief with hate crime assault, after he allegedly beat a black teen during an arrest last year, then made racist comments that were captured on video recording following the incident.

Frank M. Nucera Jr., 60, of Bordentown, was arrested by FBI agents and charged with a hate crime assault and the deprivation of civil rights under color of law, Acting U.S. Attorney William E. Fitzpatrick and FBI Special Agent in Charge Timothy Gallagher announced Wednesday.

Nucera, who was the township administrator as well as its police chief before he retired earlier this year, was called in for backup on Sept. 1, 2016 to the Bordentown Ramada. Police officers had responded to a call involving two teenagers who were staying at a hotel without paying, according to documents filed in the case and statements made in court.

The first officers arrived and spoke with the teens, described as an 18-year-old black man and a 16-year-old black female. The situation escalated into a fight when both teens resisted arrest, according to authorities, which is when Nucera showed up at the scene.

After the man was handcuffed and was being escorted from the hotel by police, Nucera came up from behind and slammed his head into a metal doorjamb, authorities allege. The man had stopped for a moment to loudly complain, but wasn't kicking or struggling, according to the complaint. The officer who was escorting the suspect at the time didn't file a complaint because he was afraid of Nocera retaliating, according to the complaint.

Later, at the police department's headquarters, the suspect told police of headaches and a possible concussion, according to the complaint. However, when he was dismissed by an EMT, he stopped, and opted to be processed at the county jail.

Another officer later surreptitiously recorded Nucera making racist and hostile remarks about the teens and minorities in general. Nucera is alleged to have said he believed “these people” should “stay out of Bordentown,” and it “would have been nice” if officers could have used a police dog during the arrest.

The complaint against Nucera chronicled past incidents in which he enlisted the use of police dogs to intimidate African Americans, including at high school basketball games. In 2016, he allegedly told an officer to walk a K-9 through an apartment building in order to intimidate the African Americans who lived there.

Nucera's first court appearance was Wednesday afternoon, at which time he was told to turn over all firearms to the FBI. A judge ruled he could be released on $500,000 unsecured bond, according to the Burlington County Times.

His sudden resignation earlier this year came after the Attorney General's Office was told by federal authorities that he was under investigation, according to the Courier Post.

He made $151,418.31 per year, and has an annual pension of $105,992.76, according to nj.com. He receives $8,832.73 per month.

His attorney wasn't immediately available to Patch for comment on Wednesday.

“The nobility of police officers is rooted in their selfless commitment to protect our communities and their pledge to honor our constitutional values. As Chief of the Bordentown Township Police Department, the defendant dishonored the profession by doing neither,” Fitzpatrick said. “The complaint alleges that the defendant harbored an intense racial animosity towards African Americans, and on September 1, 2016, that senseless hatred led to the unlawful assault of a handcuffed and defenseless prisoner. The conduct alleged is a shocking breach of the duty of every police officer to provide equal justice under the law and never to mistreat a person in custody. As a result, the former chief of police is now a charged federal criminal defendant.”

“Police officers take an oath to uphold the law. The FBI works to ensure that they are held accountable when they violate that oath and break the law,” Gallagher said. “We rely on the police to protect the public. The few who take advantage of that public trust, at any level, will be investigated and prosecuted to the full extent of the law."

Burlington County Prosecutor Scott Coffina stated that Nucera's actions shouldn't reflect negatively on all law enforcement in the county.

“We are sickened by the allegations and hateful comments that underlie these charges. There is no place for these sentiments or actions in our society, and they most definitely do not reflect the ideals of the law enforcement community across Burlington County," Coffina said. "To that point, we are heartened that the FBI’s thorough investigation concluded that this behavior was confined to the individual who has been charged. It is not a reflection of the culture of the Bordentown Township Police Department, its current leadership, or the dedicated officers on the force. In fact, as the Acting U.S. Attorney noted during his press conference, the information leading to these charges was brought forward by individuals within the Bordentown Police Department itself. The Burlington County law enforcement community is filled with honorable people who chose this profession for the right reasons. My office enjoys working with all of them to serve all residents of our county in a professional, respectful manner.”

“The township appreciates the comments of the U.S. Attorney and Burlington County Prosecutor, which reinforce what we already knew, that these charges are limited to one person and not indicative of the Bordentown Township Police Department or the township as a whole,” Bordentown Township Mayor Steve Benowitz said. “The specifics of these charges, all of which we are hearing for the first time are abhorrent, and the township fully supports the U.S. Attorney in this process.”

Benowitz pointed out that the charges began with a self-reported incident from within the police department.

“The township has moved forward with new leadership that promotes community, inclusion and equality,” Benowitz said. “All residents, businesses and visitors can be assured that all township services, including public safety, are operating at the high level that they have come to expect. While this specific situation casts a negative light on one former employee, the township fully intends on continuing our positive growth and development.”

The use of excessive force and hate crime counts with which Nucera is charged each carry a maximum penalty of 10 years in prison and a $250,000 fine.

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