OPRA-Req-25-0167
Date Received: 4/28/2025
Status: Completed
Date Completed: 4/29/2025
Applicant: woodlfilms
Information Requested: Dear Branchburg Township,

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-6(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
respectfully request access to the following government records:

All body-worn camera footage, dash camera footage, and rear seat
camera footage (if applicable) related to the arrest of Austin Evan
Whitmire (24 years old, of Falls Church, VA) on September 23, 2022,
at approximately 11:47 p.m. in Branchburg, NJ.

The incident occurred when Mr. Whitmire was found attempting to break
a fence at a business parking lot. After engaging with officers, Mr.
Whitmire became aggressive, yelling, cursing, and lunging at the
officers. During the struggle, he kicked one officer in the thigh and
caused minor injuries to another officer.

While being transported to an area hospital, Mr. Whitmire also spat
at one of the officers assisting him into the ambulance.

Mr. Whitmire was charged with third-degree Aggravated Assault on a
Police Officer, fourth-degree Throwing Bodily Fluid on a Law
Enforcement Officer, Criminal Mischief, Resisting Arrest, and
Creating Public Alarm.

Please include footage from shortly before, during, and after
officers' arrival at the business; all interactions with Mr.
Whitmire; the struggle and arrest process; and any transport to the
hospital. If multiple officers or recording devices were present,
please provide footage from each.

If any footage will be withheld or redacted, please notify me in
advance, provide a specific explanation for each withholding, and
cite the legal basis. Given the public interest in transparency
regarding violent crimes involving law enforcement officers, bodily
fluids, and resisting arrest, full disclosure is essential.

I respectfully request that any associated fees be waived, as this
request is made in the public interest for purposes of transparency
and news reporting. If fees are necessary, please inform me first
before fulfilling the request.

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,
woodlfilms

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Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:

[OPRA #75217 email]

Is [Branchburg Township request email] the wrong address for OPRA
requests to Branchburg Township? If so, please contact us using this
form:
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For more information, contact us at: ?(732) 707-1628? or PO Box 3180,
New Brunswick, NJ 08903."

Response: 4/29/2025- Good Morning-The BWC footage is subject to a
special service charge in compliance with the Municipal Code of the
Township of Branchburg, as outlined below, due to the extraordinary
effort involved in the mandated redaction process. The attached
document outlines the calculation of the required fee. This fee must
be paid prior to the redaction process commencing. Please forward a
check payable to the Township of Branchburg, 1077 US Highway 202
North, Branchburg, NJ 08876, Attn: Clerk's Office and reference OPRA
Request #25-0167.

Municipal Code of the Township of Branchburg Chapter 2-24.4(d-e)
Extraordinary service charges shall be applied for any extensive use
of information technology or for the labor cost of personnel
providing the service that is actually incurred by the agency for the
programming, clerical and supervisory assistance required to provide
a government record in the medium requested if it is not a medium
routinely used by the agency; not routinely developed or maintained
by an agency or requiring a substantial amount of manipulation or
programming of information. This service charge shall also be imposed
where the agency must make an extraordinary expenditure of time and
effort to accommodate a request to inspect government records. e. The
rates for extraordinary service charge shall be: $45 per hour for
supervisory or programming; $35 per hour for clerical.

[1]SDL Portal page for OPRA Request
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References

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