Family Sues Howell Police In Belmar Man's Death After Music Festival: Report

The family of a Belmar man has filed a wrongful death lawsuit against the Howell Township Police Department, saying its officers choked him to death during a confrontation at a music festival in September, according to a report.

The Asbury Park Press report says the 20-page wrongful-death complaint by sisters of 38-year-old Timothy J. Harden claims security officers and possibly staff at the Sept. 5 Souper Groove music festival used “excessive and unreasonable physical force” when they restrained Harden, who experienced a “medical episode” after consuming alcohol and cocaine.

Howell police who responded then used deadly force, choking Harden to death, according to the report. The claim alleges Harden suffered fractured cartilage in the neck, contusions and abrasions.

Howell Township Police Chief Andrew J. Kudrick Jr. said he had not yet seen the lawsuit.

“I just learned of this lawsuit yesterday through another news media,” Kudrick said in response to an email from the Patch. “Since I have not been served with any complaint, I cannot comment on the claims.”

The Monmouth County Prosecutor’s Office is investigating the incident, he told the Patch.

“Since the investigation is still active at the Monmouth County Prosecutors Office, I am limited as to what I can release. This is to protect the integrity of the case. Interviews are still being conducted. Once I am notified of the outcome and disposition of the case, I will thoroughly review it and determine if any further follow-up will be completed by my administrative command staff,“ Kudrick said.

“This includes whether all departmental policies and procedures were followed. Departmentally, a ‘meaningful review’ is required to be completed for several incidents, including an officer’s use of force,” he said. “However, based upon my initial review of the incident, including my presence at the scene that day, I am confident my officers acted properly and professionally and in accordance with all policies and procedures relating to the use of force and dealing with subjects displaying unusual and violent behavior.”

Kudrick added: “A previous press release from the Monmouth County Prosecutors office stated this incident was ‘not being investigated as a bias crime or criminal death.’ “

“All of the involved officers are working in their full capacity as patrol officers,” he said.

The complaint names the employees of the Howell Township Police Department, the Priedaine New Jersey Latvian Society, Griffins Security LLC and Souper Groove LLP, including organizers Jeffrey Mahajan, Andrew R. Meyer and Christy Meyer.

Howell police were called at 2:52 p.m. Sept. 5 to respond to a disorderly person at the festival, which was hosted at the New Jersey Latvian Society’s center, also known as the Priedaine center. Event organizers told the family they called police because Harden was acting violent and paranoid, at some point fighting with security guards, according to the Asbury Park Press.

Thomas J. Mallon, the attorney representing Harden’s family, said it was later learned that Harden had cocaine in his system and a blood-alcohol content of 0.11 percent, which would be over the limit of 0.08 percent for driving.

When police arrived, the guards handed Harden over to them, the Press report said. The suit claims some point after he was turned over to police, Harden was choked to death. Harden was taken to Jersey Shore University Medical Center in Neptune, where he was pronounced dead at 4:14 p.m.

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