Middletown Police Sued Over 2019 Incident At Local Car Wash

MIDDLETOWN, NJ — A Leonardo man is suing Middletown Township, Middletown Police Chief R. Craig Weber and Sgt. Clifford O'Hara over what he says is Middletown Police's mishandling and attempt to hold him criminally accountable for an incident that happened at a local car wash two years ago.

The man who filed the lawsuit is Irwin Wayne Levy, of Leonardo, who filed the suit in Monmouth County Superior Court.

Levy said the incident unfolded at 3:30 p.m. on March 17, 2019, when he took his son's truck to Garden State Car Wash on Rt. 35.

Levy said Garden State operates an automated car wash system where the customer places his car in neutral and the car is then grabbed and pulled through the length of the car wash. As he had done multiple times before, Levy said he drove his son's 2017 GMC Sierra Denali inside, put it in neutral, remained in the front seat and was carried forward into the wash cycle.

Except as the truck neared the drop-off point, "there was no release, and the vehicle was instead catapulted forwarded in an instant. (Levy) was in a state of shock as the car was propelled within a second into another motor vehicle that was at the end of the line being detailed by a female worker."

The woman's leg became trapped in between the two cars and she suffered serious bodily injury (a broken leg) and was also bleeding profusely from her leg. She had to be airlifted to a hospital.

Levy said he was stunned and in shock by the malfunction and the obvious serious injury. He said he was interviewed immediately by an arriving Middletown police officer and told him he had just experienced a freak accident.

But what happened next is why Levy is suing: He said a second officer showed up, Patrol Officer Reis, who told him that the sergeant needed to speak with him. When his son piped up and asked, "Where are you taking my father?" Officer Reis responded “It's none of your f...ing business.”

Levy said Reis then shoved him, telling him, “I told you to move."

He said his son told Reis not to put his hands on his father and at that point, Officer Reis advanced and put his finger in the son's face telling him to "stand down."

"Soon thereafter, (Levy) observed that the Chief of Police, Craig Weber, had arrived on-scene. Instead of any discussion with the plaintiff or any of the persons involved in the horrific accident, the Chief stayed alongside of the car wash owner, it was plain and clear based on the interaction and discussion between the two that they were friends or at least had an obvious pre-existing relationship. Levy knew that the police department was also a longtime customer of the Garden State Car Wash, as he had seen police vehicles in the car wash on multiple occasions."

Levy said he was next approached by another police officer who asked to see his cell phone. When Levy's wife asked why, she was told that one of the car wash employees claimed he had been on his cellphone, texting, while being pulled in the car wash.

Levy said he had not been texting and voluntarily offered the phone for the officer's inspection.

At that point, Sergeant Clifford O'Hara approached the plaintiff and told him they were confiscating his cell phone, as well as the pick-up. Levy said he agreed and was then taken by police to Riverview Medical Center in Red Bank, where blood was drawn to test for alcohol or drugs.

"It was a painful procedure and the plaintiff had never seen a needle of that nature used to draw his blood. He suffered a black and blue welt at the site of the blood draw for months thereafter. Following the blood draw, Plaintiff was transported to the police station for what he believed was a voluntarily statement. When he arrived, it was instead a video interrogation, with administration of Miranda rights. Plaintiff's phone confiscated at the car wash, was maintained for a period of four days and 'dumped,' while his pickup truck was impounded for four days. (Levy) was required to pay for the cost of the tow and storage of that pickup truck to JNR Sunoco, located on Highway 36 in Belford."

"Notwithstanding the fact that Plaintiff was stunned and confused over the treatment he had received for the 'freak accident,' he believed that it was all over when he finally returned home. In fact, it wasn't over until weeks later when he received a telephone call from Sergeant O'Hara, wherein he was told by O'Hara that a summons was issued for the incident and that he had until 3 p.m. to come to the station to pick it up. He was also told by Sergeant O'Hara that if he didn't arrive by 3 p.m., the Sergeant would be 'delivering it himself to your f... ing address at (redacted) in Leonardo.'"

Levy said he was "appalled" by the sergeant's demeanor, as well as his message and did not go to the police station.

He said O'Hara and another uniformed officer came to his home at 8:20 a.m. on April 9, and were captured on his home security camera banging on the door and cursing at him. Ultimately, Levy received the careless driving summons in the mail. He said the summons was later dropped in Monmouth County court.

Levy said he had imbibed no alcoholic beverages or taken medication that day he maintains that what happened was a freak accident and malfunction of the car wash equipment. He said that Middletown Police tried to make it appear that he was somehow responsible for the employee's horrific injury and thereby insulate the car wash and its owner from liability.

Levy is represented by Louis Barbone of Jacobs & Barbone, a law firm based in Atlantic City. He is seeking damages.

Middletown Police declined to comment on any of the allegations or the lawsuit. But a lawyer for Archer & Greiner, the law firm representing MTPD and Middletown Township, did say:

“The plaintiff’s complaint is full of false allegations that we are certain will be disposed of in court," said Brian Nelson, of Archer & Greiner.

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