Kevin B Vargas- Ocean Township
Dear Monmouth County Prosecutor's Office,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
Please send your response in PDF format.
1. Copies of any police CAD report(s) with narrative(s), preliminary law enforcement incident report(s), arrest report(s), criminal charge complaint(s), affidavit(s) of probable cause, CDR-1 or CDR-2, and indictments against defendant Kevin B Vargas.
No: S-2020-000572-1337
Date: 10/12/2020
OCEAN TWP
STALKING-ENGAGE CONDUCT REASONABLE PERSON PUT IN FEAR
Code: 2C:12-10B
CYBER HARASS SEND/POST OBSCENE MATERI W INTEN HARM/FEAR
Code: 2C:33-4.1A(2)
PG CASE #: 20003369
PD CASE #: 20OT21883
Please include a Record Index with your response.
*A record index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.
Yours faithfully,
Agostino Severiano
Mr. Severiano,
This office received your records request on Monday October 19, 2020, and it was received by the records custodian at that time.
Attached are the Complaint Warrant No. 2020 1337 000572, the accompanying affidavit of probable cause, PLEIR, arrest report and CAD. These records are redacted. Personal identifiers are redacted pursuant to N.J.S.A. 47:1A-5(a) and N.J.S.A. 47:1A-1.1(citizen's privacy). Likewise, as this case involves stalking, personal information about the victim that could be used to locate the victim has also been redacted. N.J.S.A. 47:1A-1.1(citizen's privacy); N.J.S.A. 47:1A-3b (victim's safety).
An indictment has not been returned at this time; therefore, your request for this document cannot be fulfilled. See Back v. Tp of River Vale, GRC Complaint No. 2005-209, Analysis (Feb 2006) (Custodian’s certification that she did not provide a list of all township employees and a list of all department heads, titles, and responsibilities because these documents did not exist was sufficient to meet Custodian’s burden to prove denial of access was lawful pursuant to N.J.S.A. 47:1A-6).
Yours Truly,
Carey J. Huff
Assistant Prosecutor
Monmouth County Prosecutor’s Office