Belmar Man's Death At Music Festival In Howell Ruled Accident: Prosecutor

HOWELL, NJ -- The death of a Belmar man at a music festival in Howell Township last September has been ruled an accident by the Monmouth County Prosecutor's office, but Howell Township Police Chief Andrew Kudrick said his department will conduct an administrative review of its own.

Timothy Harden, 38, of Belmar, died Sept. 5 after a disturbance at the Souper Groove Music Festival three-day concert at the Priedaine Latvian Society, located on Route 33, the prosecutor's office said.

The toxicology test conducted as part of the autopsy by the Middlesex County Medical Examiner's office revealed Harden had cocaine, alcohol, and marijuana in his system at the time of his death, the Monmouth County prosecutor's office said. The cause of Harden’s death was determined to be as a result of drug-induced excited delirium, and was ruled an accident by the medical examiner, the prosecutor's office said.

According to a statement from the prosecutor's office, Howell police officers responded to a 911 call at 2:52 p.m. reporting a disorderly person at the music festival. The responding officers were directed to a parking lot where private security guards were holding down a man who later was identified as Harden, a volunteer at the event.

Investigators learned later, after speaking to other festival volunteers and people attending the concert, that Harden had been acting erratically all day, endangering himself and others, and was believed to be under the influence of an illegal substance, the prosecutor's office said.

Event organizers called 911 for assistance and also requested an ambulance. When police officers arrived, Harden was belligerent and combative with the security guards attempting to restrain him. The officers attempted to speak to Harden to calm him down and get him medical attention, but he refused, the prosecutor's office said.

Officers then restrained Harden while waiting for EMTs so that he could receive medical attention. Howell Township First Aid arrived on scene and observed Harden being combative with the police and contacted MONOC paramedics so that he could be sedated and transported to a hospital, the prosecutor's office said.

While waiting for the paramedics to administer the sedative, Harden suddenly stopped breathing. Harden taken by ambulance to Jersey Shore University Medical Center, Neptune, where he was pronounced dead,

"Based on the results of the investigation and the autopsy results, it is apparent that the actions of the officers were lawful and did not violate the Use of Force policies of the Attorney General’s Office or Monmouth County," the prosecutor's office said.

"As the use of force instructor for both the Howell Police Department and the Monmouth County Police Academy, I knew from the onset the officer's actions were proper," Howell Township Police Chief Andrew Kudrick said. "I stated such in a press release shortly after the incident. The findings from the MCPO (Monmouth County Prosecutor's Office), DCJ (Department of Criminal Justice), and residents of Monmouth County comprised within a grand jury have supported that as well."

The case was presented to a Monmouth County grand jury on Feb. 26 to review the officers’ actions, as required by the New Jersey Attorney General's directive governing police officers' use of force, the prosecutor's office said.

"After hearing the evidence, the grand jury determined that no criminal charges should be filed against the officers. In addition, pursuant to the same directive, Acting Prosecutor Gramiccioni reviewed the matter in its entirety and determined that the investigation and grand jury presentment were in compliance with all relevant provisions of the directive," the prosecutor's office said.

"Although the officer's actions were proper, an administrative review of this incident, as in all critical incidents, will be conducted. During this review, policies/procedures and tactics will be scrutinized as continual improvement is constantly sought under my administration," Kudrick said.

Kudrick, who said the incident was the first of its kind in the 43-year history of the Howell police department, expressed gratitude for the prosecutor's office investigation.

"It was imperative, due to the recent events involving use of force by officers across the country, this be investigated impartially by outside agencies," Kudrick said. "I also responded to the scene."

"Transparency in a law enforcement agency is vital to maintain trust and respect within the community we serve," he said. "The Howell Police Department was 'walled off' from having any significant involvement in this investigation. This is mandated by the Attorney General's use of force investigation policy," . A conflict review had to be conducted to ensure impartiality. The entire investigation was under the direction of the New Jersey Division of Criminal Justice under the authority of the Attorney General."

"The Howell Police extend our condolences to the family of this young man," Kudrick said. "We can all agree he should not have died. However, good people sometimes make bad decisions. Hopefully, this finding gives the family solace and a bit of closure to this incident."