State grand jury declines charges against officers in Toms River police encounter death

Attorney General Matthew Platkin - Matthew Platkin Official photo
Attorney General Matthew Platkin - Matthew Platkin Official photo
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A state grand jury in New Jersey has decided not to file criminal charges against law enforcement officers from Island Heights, Toms River, or the Ocean County Sheriff’s Office in connection with the death of John Cassidy, a 47-year-old man from Toms River, following a police encounter on April 19, 2024.

The Office of Public Integrity and Accountability (OPIA) led the investigation into Cassidy’s death, as required by a 2019 state law mandating that the Attorney General’s Office investigate deaths occurring during encounters with law enforcement. The investigation included a review of body-worn camera video, surveillance footage, police radio transmissions, medical records, and autopsy results.

Evidence was presented to a state grand jury composed of New Jersey residents. After hearing testimony and reviewing the evidence, the grand jury concluded its deliberations on October 20, 2025, voting “no bill.” This means no criminal charges will be filed against Island Heights Police Officers Peter Muscarella, Dominique D’Amico-Violante, Lt. Paul Rutledge; Toms River Police Officers Anthony Pacella, Krzysztof Kowalczyk, Sgt. Shan Ruiz; or Ocean County Sheriff’s Sgt. Anthony Pereira.

The incident began around 1:00 p.m. on April 19, 2024, when Island Heights officers attempted to arrest Cassidy on outstanding warrants after stopping him at a gas station on Route 37 near West End Avenue. Cassidy re-entered his vehicle after being told to stay outside and then refused to exit despite repeated orders from officers. For about 25 minutes, officers tried unsuccessfully to get Cassidy out of the car.

Eventually, officers broke the passenger-side window and unlocked the doors. With help from additional Toms River officers and an Ocean County Sheriff’s officer, they removed Cassidy from the vehicle and handcuffed him on the ground. Moments later, Cassidy experienced a medical episode. Officers provided medical aid until emergency medical personnel arrived and transported him to Community Medical Center in Toms River, where he was pronounced dead at about 2:25 p.m.

An autopsy found that Cassidy died of natural causes. The medical examiner determined the cause of death was “hypertensive atherosclerotic cardiovascular disease and morbid obesity.”

A 2019 New Jersey law requires that all deaths occurring during encounters with law enforcement be investigated by the Attorney General’s Office and presented to a grand jury to determine if there is sufficient evidence for an indictment. The grand jury receives instructions on possible criminal offenses and legal justifications such as self-defense.

The OPIA reviewed all aspects of the investigation before presenting it to the grand jury. A conflicts check was also performed to ensure no conflicts of interest existed among those involved in the investigation.

After these investigations conclude, OPIA determines whether administrative review is necessary by referring cases to the appropriate law enforcement agency in line with the Attorney General’s Internal Affairs Policy & Procedures.

Further information about how fatal police encounters are investigated under New Jersey’s Independent Prosecutor Directive is available through official state resources.



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