East Brunswick GOP Candidate Said He’d ‘Light Up’ Rivals: Affidavit

EAST BRUNSWICK, NJ — A Republican candidate for Council in East Brunswick was charged after police found 17 large-capacity ammunition magazines at his house, according to the affidavit of probable cause. Under New Jersey Firearms Laws, the magazines were not legal to own or possess.

Authorities searched the house of David Herrera, who ran for Council as a Republican candidate in the past elections, after receiving a tip that he threatened to “light up the Mayor and Town Council,” according to the affidavit.

On Feb. 15, a concerned resident sent an anonymous tip to the FBI about a possible “threat of shooting against the local government in East Brunswick,” the affidavit said.

Herrera, who unsuccessfully ran for Council, believed the election was “stolen” from him, the tipster told authorities, according to the affidavit.

In a conversation with the tipster, Herrera said he planned to “light them all up,” referring to the Mayor and Council, the affidavit said.

After receiving the tip from the FBI, officers from East Brunswick Police reached Herrera’s house to investigate. While waiting on the front porch, an officer found a rifle magazine on top of a chair on the front porch, the affidavit said.

Another detective then retrieved a bag which was labeled “PMAG25 rifle magazine 7.62x51 25 Round Capacity.”

The officers then determined that the two magazines were 25 round high-capacity rifle magazines “capable of holding ammunition for an AK-47,” according to the affidavit.

Officers left the home with both magazines after no one answered the door. They then contacted the Middlesex County Prosecutor’s Office. Based on the nature of the threat and discovery of the high-capacity magazines, a telephonic search warrant was issued by judge B. Bucca Jr, the affidavit said.

At 1:44 p.m. officers from East Brunswick and the Middlesex County Prosecutor’s Office conducted a search of Herrera’s home. Authorities found 15 additional high-capacity rifle magazines, which are illegal under NJ law, the affidavit said.

Herrera was charged with one count of a violation of 2C:39-3J, Prohibited Weapons and Devices.

According to the incident report from East Brunswick Police, several firearms were found at Herrera’s home, but they were all legally owned and no modifications were made to them.

Herrera was charged on a summons, processed, and released. He is scheduled to appear in court on June 9, the Middlesex County Prosecutor’s Office said.

When contacted, Dhar Khona, the Chair of the Republican Party in East Brunswick said they “refrain from commenting on ongoing legal matters until the conclusion of the process.”

“We hold the principle of innocent until proven guilty in high regard, and we have the utmost faith that our legal system will handle this case with professionalism, as it has demonstrated in the past,” Khona said.

Have a correction or news tip? Email sarah.salvadore@patch.com