Cape May County Man Charged With Murder After Assault Victim Dies: Prosecutor

A 51-year-old Cape May County man has now been charged with murder in the first degree after a man he attacked in a hotel room in Middle Township earlier this month died.

Herbert Tozer, of Rio Grande, was originally charged with first-degree attempted murder, second-degree aggravated assault, third-degree endangering an injured victim, third-degree possession of a weapon for an unlawful purpose, fourth-degree unlawful possession of a weapon and third-degree hindering apprehension after police said he stabbed 45-year-old Robert Niemezua, of Rio Grande, in the neck.

The alleged assault took place on Jan. 1o at the Country Motel on Route 47 in Rio Grande, according to - Cape May County Prosecutor Robert L. Taylor and Middle Township Police Chief Christopher Leusner.

Police discovered Niemezua suffering from a stab wound and a laceration to his neck when responding to a report of an injured man at the motel at about 2:30 a.m. Niemezura was airlifted to the Atlantic City Medical Center.

Tozer was arrested without incident at a home in the Burleigh section of Middle Township on Jan. 11, following an investigation by the Cape May County Prosecutor's Office and the Middle Township Police Department. He was initially charged that day.

Niemezura died as a result of his injuries while at the Atlantic City Medical Center on Jan. 12, Taylor said on Wednesday. An autopsy was conducted on Jan. 14, and the manner of death was listed as homicide. The charges against Tozer were updated on Tuesday.

Tozer continues to be lodged in the Cape May County Correctional Facility, pending court proceedings.

Anyone who has information concerning this investigation is asked to contact the Prosecutor's Office at 609-465-1135, or the Middle Township Police Department at 609-465-8700. They can also text TIP MTPDTIPS followed by your message to 888777, or text through the Cape May County Sheriff’s Tip Line at cmcsheriff.net and click on the anonymous tip.

The attached image of Herbert Tozer was provided by the Cape May County Prosecutor's Office