TRENTON — Attorney General Matthew J. Platkin and the Office of Public Integrity and Accountability (OPIA) today announced a state grand jury has voted to file charges against six correctional police officers in connection with the 2020 assault of an inmate at the New Jersey Department of Corrections’ (DOC) Garden State Youth Correctional Facility in Burlington County.

A state grand jury returned a seven-count indictment charging the six defendants – a sergeant and five senior corrections officers – stemming from the pepper spraying and forceful removal of an inmate on April 8, 2020, from a cell at the facility in Chesterfield, New Jersey, as well as the filing of false reports regarding the incident.

“New Jersey correctional officers work under trying circumstances and do essential work in the criminal justice system and in maintaining public safety,” said Attorney General Platkin. “The alleged conduct of the officers indicted in this case does a discredit to every correctional officer who performs their duties with integrity. The mistreatment of young adults in the State’s care will not be tolerated and no one is above the law.”

“As alleged, the defendants filed false reports to cover up an assault of an inmate by a correctional officer,” said OPIA Executive Director Drew Skinner. “These charges demonstrate that those who abuse individuals under the protection of the State and those who cover up such abuse will face serious consequences.” 

The indictment is the result of an investigation by OPIA’s Corruption Bureau and DOC’s Special Investigations Division (SID).

The following defendants were charged:

• Sgt. Michael Emmert, 40, of Toms River
• Senior Corrections Officer Christopher Toth, 40, of New Egypt
• Senior Corrections Officer Mark Sadlowski, Jr., 46, of Sewell
• Senior Corrections Officer Raymond Quinones, 50, of Beachwood
• Senior Corrections Officer Michael Gaines, 58, of Willingboro
• Senior Corrections Officer Michael Ambrozaitis, 60, of Southampton

The defendants were previously charged by complaint-summons on May 25, 2022.

According to documents publicly filed in court:

The six defendants participated in a forced cell extraction and filed false reports about the incident, with the intention of giving the false impression that the use of force was justified.

The forced cell extraction occurred on April 8, 2020. DOC policy permits using only that force that is objectively necessary and reasonable, and the policy requires that an inmate be given a loud, clear order to comply and an opportunity to comply before using oleoresin capsicum (OC) spray (commonly referred to as “pepper spray”) and proceeding with a forced cell extraction.

It is alleged that, without giving the victim either an order to comply or chance to comply and exit the cell peacefully – and despite the victim offering and extending his hands to be handcuffed – Sgt. Emmert initially sprayed the victim with pepper spray. The remaining defendants then allegedly joined a five-person suited team, which re-approached the victim’s cell. Emmert allegedly pepper sprayed the victim again without giving the victim any order or opportunity to comply, prior to the team entering the cell and using force to remove the victim.

According to the complaint, the victim screamed in pain and had to be given an inhaler and oxygen in the infirmary.

According to the indictment, the defendants falsified one or more reports associated with the extraction, falsely stating that the victim was ordered to comply, was given an opportunity to comply, or was resistant prior to the use of force, which the indictment alleges to be an unlawful, improper or excessive.

One of the defendants, Toth, was additionally charged for witnessing the excessive force and allegedly failing to intervene, report, or take appropriate action to prevent Emmert from engaging in more excessive force against the victim.

All of the defendants have been indicted on charges of:

• Official misconduct (2nd degree)
• Tampering with public records (3rd degree)
• Falsifying or tampering with records (4th degree)

Emmert and Toth face an additional charge of aggravated assault (3rd degree).

Second-degree charges carry a sentence of five to 10 years in state prison and a fine of up to $150,000. Third-degree charges carry a sentence of three to five years in prison and a fine of up to $15,000, while 4th degree offenses could lead to up to 18 months in state prison and a fine of up to $10,000.

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

The prosecution is being handled by Deputy Attorney General Adam Gerken, under the supervision of Corruption Bureau Deputy Chief Frank Valdinoto, Bureau Co-Director Jeffrey J. Manis, and OPIA Director Skinner.

Defense counsel:
For Emmert: Vincent Campo, The Law Offices of Hoffman & DiMuzio, Woodbury
For Toth: Chris St. John, Agre & St. John, Haddonfield
For Quinones: Les Hartman, Kalavruzos, Mumola, Hartman, Lento & Duff, Hamilton
For Gaines: Robert Perry, Rosenberg & Perry Associates, Mount Holly
For Sadlowski: Stu Alterman, Alterman & Associates, Evesham Township
For Ambrozaitis: Mark W. Catanzaro, Law Offices of Mark W. Catanzaro, Mount Holly

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