No Charges For Cop Who Hit Middletown Man On E-Bike, Killing Him

A grand jury voted not to file criminal charges against the Atlantic Highlands Police officer who hit an e-bike rider in 2025, killing him.

By Carly Baldwin, Patch Staff

Jul 24, 2026 1:44 PM EDT | Updated Jul 24, 2026 1:46 PM EDT

The marked Atlantic Highlands Police patrol car is circled in red at left, as is the e-bike rider, who was headed south on Rt. 36 north on Oct. 10, 2025 in Middletown. (New Jersey Attorney General)

MIDDLETOWN, NJ — A grand jury voted not to file criminal charges against an Atlantic Highlands Police officer whose squad car collided with an e-bike in 2025.

The e-bike rider, Henry Phillips Jr., 73, a Middletown resident, died.

The accident happened last October off Rt. 36 in Middletown. Phillips was airlifted to a hospital trauma center, but he died there nine days later.

His death was investigated by the New Jersey Attorney General, who has to investigate any time someone dies during an encounter with New Jersey law enforcement.

The grand jury finished deliberating Monday of this week, and voted "no bill," concluding that no criminal charges should be filed against Atlantic Highlands Police Officer Timothy Funk.

At approximately 1:00 p.m. on October 10, 2025, Funk was driving a marked AH Police car on Orchard Avenue. He stopped at a red light at the intersection of Orchard Avenue and Rt. 36.

Phillips was riding an e-bike southbound in the northbound lane of Rt. 36, said police. The e-bike and marked police vehicle collided after Funk made a right turn on red.

Phillips was airlifted to Jersey Shore University Medical Center in Neptune, where he died nine days later, on Oct. 19.

Footage from a third-party camera related to the encounter was previously released and is posted online at https://njoag.app.box.com/s/o3snzsx5jmqy2vv37hmgey5epz6vvv3s.

Phillips's family were given an opportunity to review the recordings before it was released to the public.

This investigation included officer and witness interviews, photographs, vehicle digital forensics, body-worn camera and third-party surveillance camera footage, as well as autopsy results from a medical examiner.

First report (this was one of the most highly-read stories of 2025 on the Middletown Patch): Man Riding E-Bike Hit, Killed By Atlantic Highlands Police Officer In Patrol Car (Oct. 24, 2025)

Footage Released In Fatal E-Bike, Police Car Collision In Middletown (January 2026)