Prosecutor: Ocean County Cop Let K-9 Dog Attack Woman

by Patricia A. Miller

An Ocean County Grand Jury has indicted a Tuckerton police officer on aggravated assault charges after he allegedly released his K-9 dog on a Barnegat woman who was already in custody with Barnegat police, Ocean County Prosecutor Joseph D. Coronato said.

Justin M. Cherry is currently suspended without pay, in connection with the arrest of Wendy Tucker, 58, Barnegat, on Jan. 29, 2014 in Barnegat, he said.

The indictment alleges that Cherry released his K-9 partner “Gunner” and allowed the dog to attack Tucker after she had already been apprehended by Barnegat police. The indictment also charges Cherry with two separate counts of official misconduct, Coronato said.

One official misconduct charge says that Cherry falsified his police reports and swore out an affidavit for Ms. Tucker’s arrest, which contained false information. The other charge states that Cherry used his position as a police officer to commit an aggravated assault upon Ms. Tucker, he said.

Cherry is also charged with false swearing, tampering with public records and hindering his own apprehension.

The official misconduct charges and the hindering apprehension charge are second-degree crimes. The aggravated assault and tampering with public records charges are third-degree. The false swearing charge is a fourth-degree crime.

The indictment stems from the Jan. 29, 2014 incident when Cherry and another Tuckerton officer were called to a home in Tuckerton where Tucker was alleged to be an unwelcomed guest. She agreed to leave the residence. Police learned that Tucker had driven her car to Tuckerton while she was on the suspended list. Tucker agreed to take a bus home, but Cherry saw her driving her vehicle from the area, Coronato said.

Cherry attempted to stop Tucker’s vehicle, but she refused to do so. Police from neighboring communities were alerted. Tucker drove to Barnegat Township, where she was stopped by officers from the Barnegat Police Department.

Cherry followed Ms. Tucker’s vehicle to where it was stopped in Barnegat and allowed his K-9 to attack Ms. Tucker during her arrest, when the use of the K-9 was unnecessary, unwarranted and improper, the indictment states.

Cherry falsified his police reports and the affidavit to try to conceal his wrongdoing, according to the indictment.

Tucker was initially charged with driving with a suspended license and third degree eluding. The eluding charge has been dismissed, Coronato said.

Cherry is free on $15,000 bail, which he posted when he was charged with official misconduct and aggravated assault on April 9, 2014. Executive Assistant Prosecutor Michel Paulhus is prosecuting the case.

Second-degree crimes can result in incarceration from between five and ten years. Third-degree crimes can result in imprisonment from between three and five years. Fourth-degree crimes can result in incarceration for up to eighteen months.