OPRA — David J. DeSane — August 2, 2024 DWI Arrest — BWC, MVR, Radio, Audio/Video & DWI Investigation Records

Currently waiting for a response from Tuckerton Borough, they should respond promptly and normally no later than (details).

Dear Tuckerton Borough,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:

Pursuant to the New Jersey Open Public Records Act (OPRA), I request copies of all existing records maintained by the Tuckerton Borough Police Department and/or Borough of Tuckerton concerning the motor-vehicle stop, investigation, arrest and/or processing of David J. DeSane on August 2, 2024, at approximately 1:45 PM, at or near 134 North Green Street, Tuckerton, New Jersey.

For identification purposes, the New Jersey Judiciary Municipal Court Case Search identifies Officer Matthew Pedrick, Agency/Officer ID 1532-0097, and the following summonses:

E24-666 — N.J.S.A. 39:4-126 — Failure to Give Proper Signal
E24-667 — N.J.S.A. 39:4-97 — Careless Driving
E24-668 — N.J.S.A. 39:4-50 — Operating Under the Influence of Liquor or Drugs
E24-669 — N.J.S.A. 39:4-50.4a — Refusal to Submit to Chemical Test

The Judiciary record reflects that DeSane ultimately pleaded guilty to the DWI charge under N.J.S.A. 39:4-50 on January 16, 2025. It identifies the DWI influence type as alcohol and reflects a $640 total assessment, three months of an ignition interlock device, 12 hours at the Intoxicated Driver Resource Center, and license revocation. The refusal charge and the signal/careless-driving charges were dismissed pursuant to the disposition reflected by the court records.

I specifically request:

All Body-Worn Camera (BWC) recordings from Officer Matthew Pedrick and every other officer who responded to, participated in, assisted with, transported, processed, supervised or was present during any portion of the stop, DWI investigation, arrest and processing of David DeSane;
All Mobile Video Recorder (MVR), dashcam, in-car camera and police-vehicle audio/video recordings associated with the incident;
All other video or audio recordings depicting DeSane, his vehicle, the motor-vehicle stop, roadside investigation, field sobriety testing, arrest, transportation, processing, breath-testing procedures or interaction with officers;
All police radio transmissions, dispatch audio, CAD records, dispatch/event chronologies, MDT/MDC records, telephone recordings and 911 calls associated with the incident;
The complete DWI investigation/arrest report, incident report, supplemental reports, officer narratives, arrest/processing reports and supervisor reviews;
All Standardized Field Sobriety Test records, including observations, worksheets, reports and any video depicting those tests;
All Alcotest and breath-testing records, including Alcotest reports, Alcohol Influence Reports, operator records, observation-period records, control tests, calibration-related records associated with the test, breath-test results, attempted tests and records concerning any alleged refusal;
Any Drug Recognition Expert (DRE) evaluation or related documentation, if applicable;
All photographs, digital evidence and other audiovisual evidence associated with the DWI investigation;
All four summonses and any related complaints or charging documents;
Records identifying every officer, dispatcher, supervisor or other employee who participated in or reviewed the investigation; and
Any existing records concerning the preservation, retention, deletion or disposition of BWC, MVR, dashcam, radio, dispatch or other audiovisual evidence associated with this incident.

This request specifically seeks the original audiovisual evidence, including complete BWC and MVR recordings with audio, and is not satisfied solely by production of written police reports describing what the recordings allegedly depict.

If any responsive BWC, MVR, audio, video or radio recording has been redacted, withheld, deleted, destroyed or is no longer maintained, please identify the applicable legal basis for withholding or redaction and provide any existing records documenting its retention or disposition. Please provide all reasonably segregable non-exempt portions of responsive records.

Electronic production is preferred.

Reference Information:
Name: David J. DeSane
Date/Time: August 2, 2024, approximately 1:45 PM
Location: 134 North Green Street, Tuckerton
Officer: Matthew Pedrick — Agency/Officer ID 1532-0097
Summonses: E24-666, E24-667, E24-668, E24-669
DWI: N.J.S.A. 39:4-50
Refusal: N.J.S.A. 39:4-50.4a

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,

Bruce