Emmert Complaint | Toth Complaint | Gaines Complaint | Sadlowski Complaint | Quinones Complaint | Ambrozaitis Complaint

TRENTON – Acting Attorney General Matthew J. Platkin today announced criminal charges against six correctional police officers in connection to an incident in which an unjustified use of force was used against an inmate at the Garden State Youth Correctional Facility in Chesterfield Township on April 8, 2020.

A total of 6 defendants—including Correctional Police Sergeant Michael Emmert and five Senior Correctional Police Officers—have been charged in an ongoing joint investigation by the Department of Corrections (DOC) Special Investigations Division (SID) and the Attorney General’s Office of Public Integrity and Accountability (OPIA), stemming from information obtained and developed by the DOC SID.

At approximately 12:05 a.m. on April 8, 2020, DOC officers assigned to the Garden State Youth Correctional Facility in Township of Chesterfield, N.J. allegedly conducted a forced cell extraction of an inmate. The 6 defendants allegedly participated in a forced cell extraction and filed false reports intended to deceive others within the DOC into believing that the use of force was justified.

During an initial approach, Sergeant Emmert allegedly sprayed the victim with Oleoresin Capsicum (OC) spray, without giving the victim any opportunity to comply, and despite the victim offering to be handcuffed. The remaining defendants allegedly joined a five-person suited team, which re-approached the victim’s cell. Sergeant Emmert allegedly sprayed the victim with OC again without giving the victim an opportunity to comply. The defendants then allegedly entered the cell and forcibly removed the victim.

According to the complaints filed, the victim screamed in pain and left his cell covered in blood, was given an inhaler and oxygen in the infirmary, and was treated for lacerations on his face. DOC policy permits use of force that is objectively necessary and reasonable; it requires that an inmate be given an opportunity to comply before a forced cell extraction proceeds.

“Correctional police officers are entrusted with great authority over the inmates in their custody, and when they abuse that power, they must be held accountable,” said Acting Attorney General Platkin. “I want to thank the Office of Public Integrity & Accountability and Department of Corrections Special Investigations Division for investigating and bringing charges in this matter.”

“When corrections officers abuse their authority, as alleged here, we will ensure that they are fully investigated and prosecuted,” said OPIA Executive Director Thomas Eicher. “The Office of Public Integrity and Accountability is committed to ensuring justice for all by maintaining the highest standard of public service through effective investigations and prosecutions.”

“We must hold correctional officers to the highest standards and any form of abuse will not be tolerated,” said New Jersey Department of Corrections Commissioner Victoria L. Kuhn. “Individuals within the custody of the New Jersey Department of Corrections deserve to be treated with decency and dignity and I recognize the hard work of the Special Investigations Division and Office of Public Integrity & Accountability to bring accountability for these actions.”

 The following individuals were charged on May 25, 2022 by complaint-summons as follows: 

Correctional Police Sergeant Michael Emmert, 37, of Toms River, N.J.

• Aggravated Assault (2 counts – 3rd degree)
• Tampering with Public Records or Information (3rd degree)

The complaint against Emmert alleges the following conduct:

Emmert was the leader of the extraction team, and approached the cell of Victim 1 with two other officers. Victim 1 offered his hands and stated his intent to be handcuffed, but Emmert did not allow Victim 1 to leave the cell voluntarily and gave no orders. Rather, Emmert sprayed Victim 1 in the face with Oleoresin Capsicum (OC). Emmert left and returned with a five-person suited team. Again without offering Victim 1 an opportunity to comply, Emmert deployed OC spray on Victim 1 a second time, then supervised as the team entered the cell and forcibly removed Victim 1.

In his preliminary incident report, Emmert falsely stated that Victim 1 refused orders to be handcuffed, blocked a food port, and attempted to “mule kick” a shield, which is contradicted by video and photographic evidence. By filing a false report, Emmert intended to deceive others within the DOC into believing that his use of force on Victim 1 was justified.

Senior Correction Police Officer Christopher Toth, 37, of New Egypt, N.J. 

• Tampering with Public Records or Information (3rd degree) 

The complaint against Toth alleges the following conduct:

Toth approached the cell of Victim 1 in a team of two other officers, led by a Sergeant. Toth was holding a shield. Victim 1 offered his hands and stated his intent to be handcuffed. Rather than handcuffing and allowing him to leave the cell voluntarily, the Sergeant sprayed Victim 1 with Oleoresin Capsicum (OC) in the face. Toth used his shield to hold Victim 1 in his cell as the door closed. Toth left and returned as part of a five-person suited team; Toth was the first officer in the stack.

In his special custody report, Toth falsely stated that Victim 1 was sprayed with OC “in order to gain compliance, which was not effective” knowing that Victim 1 was not given any opportunity to comply.  Toth also falsely stated “As I entered the cell, [Victim 1] tried to kick me and turned to hit me.”  By filing a false report, Toth intended to deceive others within the DOC into believing that the use of force on Victim 1 was justified. 

Senior Correction Police Officer Raymond Quinones, 43, of Beachwood, N.J. 

• Tampering with Public Records or Information (3rd degree)

The complaint against Quinones alleges the following conduct:

Quinones joined a five-person suited team, after Victim 1 was sprayed with OC during an initial approach, which re-approached Victim 1’s cell. The Sergeant sprayed Victim 1 with OC again without giving Victim 1 an opportunity to comply. Quinones then entered the cell and forcibly removed Victim 1.

In his special custody report, Quinones falsely stated that when the team arrived at Victim 1’s cell he “refused to cuff up” and “[w]hen the cell door opened, [Victim 1] was combative,” knowing that Victim 1 was not given any opportunity to comply. By filing a false report, Quinones intended to deceive others within the DOC into believing that the use of force on Victim 1 was justified.  

Senior Correction Police Officer Michael Gaines, 56, of Willingboro, N.J.

• Tampering with Public Records or Information (3rd degree)

The complaint against Gaines alleges the following conduct:

Gaines joined a five-person suited team, after Victim 1 was sprayed with OC during an initial approach, which re-approached Victim 1’s cell. The Sergeant sprayed Victim 1 with OC a second time, again without giving Victim 1 any opportunity to comply. Gaines then entered the cell and forcibly removed Victim 1.

In his special custody report, Gaines falsely stated that when the team arrived at Victim 1’s cell he “was ordered to comply” and was sprayed, knowing that Victim 1 was not given any opportunity to comply. By filing a false report, Gaines intended to deceive others within the DOC into believing that the use of force on Victim 1 was justified. 

Senior Correction Police Officer Mark Sadlowski, Jr., 44, of Sewell, N.J. 

• Tampering with Public Records or Information (3rd degree)

The complaint against Sadlowski alleges the following conduct:

Sadlowski joined a five-person suited team, after Victim 1 was sprayed with OC during an initial approach, which re-approached Victim 1’s cell. The Sergeant sprayed Victim 1 with OC a second time, again without giving Victim 1 any opportunity to comply. Sadlowski then entered the cell and forcibly removed Victim 1.

In his special custody report, Sadlowski falsely stated that when the team arrived at Victim 1’s cell he “refused to handcuff” and that “[w]hen the door opened, the inmate was combative,” knowing that Victim 1 was not given any opportunity to comply. By filing a false report, Sadlowski intended to deceive others within the DOC into believing that the use of force on Victim 1 was justified. 

Senior Correction Police Officer Michael Ambrozaitis, 58, of Southampton, N.J. 

• Tampering with Public Records or Information (3rd degree)

The complaint against Ambrozaitis alleges the following conduct:

Ambrozaitis joined a five-person suited team, after Victim 1 was sprayed with OC during an initial approach, which re-approached Victim 1’s cell. The Sergeant sprayed Victim 1 with OC a second time, again without giving Victim 1 any opportunity to comply. Ambrozaitis applied leg irons to Victim 1.

In his special custody report, Ambrozaitis falsely stated that when the team arrived at Victim 1’s cell and the cell door opened, Victim 1 “refused to comply,” knowing that Victim 1 was not given any opportunity to comply. By filing a false report, Ambrozaitis intended to deceive others within the DOC into believing that the use of force on Victim 1 was justified.

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The case is being prosecuted by Deputy Attorneys General Samantha Thoma, Adam Gerken, and Samuel Rubinstein of the Office of Public Integrity and Accountability, under the supervision of Bureau Chief Peter Lee and OPIA Deputy Director Anthony Picione. The investigation was conducted by detectives of the Department of Corrections Special Investigations Division and OPIA North Squad.

Third-degree aggravated assault charges carry a sentence of three to five years in prison and a fine of up to $15,000, and third-degree tampering with public records charges carry a sentence of three to five years in prison, including a mandatory two-year term of parole ineligibility, and a fine of up to $15,000.

The charges are merely accusations and the defendants are presumed innocent unless and until proven guilty in a court of law.

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Defense Attorneys:

For Emmert: Frank M. Crivelli, Crivelli, Barbati & DeRose, LLC, Hamilton Township, N.J.
For Toth: Chris St. John, Agre & St. John, Haddonfield, N.J.
For Quinones: Les Hartman, Esq., Kalavruzos, Mumola, Hartman, Lento & Duff, LLC, Hamilton Township, N.J.
For Gaines: Dan Rosenberg, Esq., Rosenberg & Perry Associates, LLC, Mount Holly, N.J.
For Sadlowski: Stu Alterman, Alterman & Associates, LLC, Evesham Township, N.J.
For Ambrozaitis: Mark W. Catanzaro, Law Offices of Mark W. Catanzaro, Mount Holly, N.J.