Charge Dismissed In Seaside Heights Black Lives Matter March

TOMS RIVER, NJ — A simple assault charge filed against a Toms River man following an altercation on the Seaside Heights boardwalk during a Black Lives Matter march in August has been dismissed by the Ocean County Prosecutor's Office.

Prosecutor Bradley D. Billhimer said the charge against Jamaal Holmes, 28, of Toms River, has been administratively dismissed following an investigation into the incident that happened Aug. 15.

Holmes was arrested a few hours after the 3:30 p.m. incident, as he was leaving Seaside Heights, accused of knocking down Robert Lay, 68, who suffered a small cut on his head.

Holmes and witnesses said he was defending himself from Lay, who they say twice swatted at the mask and hit Holmes in the face before Holmes shoved him away. Holmes, who was wearing a Guy Fawkes mask (associated with the 2005 film "V for Vendetta") was broadcasting the march on Facebook live at the time, and the video was shared around social media.

Detectives from the prosecutor's Special Investigation Unit conducted what Billhimer said was "an extensive investigation" that reviewing surveillance footage from the boardwalk and videos that Holmes had posted to Facebook that day.

In addition, detectives interviewed 10 witnesses, and attempted to contact 14 people, after several independent witnesses came forward or their names were provided by others as having been present on the boardwalk that day, Billhimer said.

After the investigation was completed, he said, Billhimer reviewed the evidence and ultimately determined that the Seaside Heights Police Department had probable cause to detain and arrest Holmes on a charge of simple assault of Lay based upon the initial witness interviews on Aug. 15.

Billhimer said he also concluded that none of the arresting officers acted criminally.

Lastly, he concluded there was enough evidence "to create a reasonable doubt as to the state’s ability to prove the charge of simple assault beyond a reasonable doubt."

"As such, the simple assault charge against Jamaal Holmes will be administratively dismissed, in the interest of justice, today October 2, 2020," Billhimer said.

Previous coverage:

• Seaside Black Lives Matter March Leader Says Man Hit Him: Video
• Ocean Prosecutor Reviewing Assault Claim In Seaside BLM March

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