Ocean Prosecutor Reviewing Assault Claim In Seaside BLM March

TOMS RIVER, NJ — The Ocean County prosecutor's office is reviewing a simple assault charge filed against a Toms River man after an incident on the boardwalk Saturday during a Black Lives Matter march.

Prosecutor Bradley D. Billhimer announced the review Tuesday of the incident, in which Jamaal Holmes, 28, of Toms River, was charged with simple assault. Seaside Heights police said Holmes hit a 68-year-old man and knocked him down, causing a small cut on the man's head.

Video from Holmes' Facebook live of the march shows the man accosting Holmes, screaming "Take off that mask, scumbag," and a scuffle before the man falls to the boardwalk, about 3:30 p.m.

Holmes said the man hit him in the face twice trying to knock the Guy Fawkes mask off Holmes' face, and that he pushed the man away from him before the man fell. In the video, Holmes walks away after the man fell. There is no immediate police response and Holmes and the marchers complete their march.

Patch has sought additional information from Seaside Heights police in reference to the video and the other man's role and has not received a reply.

Holmes was arrested an hour later, after the car he was a passenger in was pulled over as they were leaving the borough. In video of the arrest, officers can be heard telling Holmes there is a warrant for his arrest.

Alyson Hastings, the driver, on Monday said during a news conference outside the offices of the county prosecutor that police told her they pulled her over for making a right turn from the left lane, but that they never ticketed her.

Seaside Heights police have not answered a Patch request for information about the warrant.

Boaz Matlack, one of the march leaders, and Tom DeFeo Jr., who participated in the march, joined Hastings and Holmes for the news conference Monday, and reiterated statements they have given to media outlets about the incident. Matlack also criticized Seaside Heights police, accusing them of basing Holmes' arrest solely on the statements of the man who fell and of ignoring witnesses who tried to give statements.

"Jamaal never threw a punch," Matlack said. "Evidence was ignored and no attempt made to even gather it. This is why we march."

Billhimer's announcement said witnesses are encouraged to contact Sgt. Thomas Tiernan of the prosecutor's office at 732-929-2027, extension 3149, or Detective David Margentino of the prosecutor's office at 732-929-2027, extension 3246.

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