OPRA Request – Arrests of Kyle Arena and Felix Arena on September 24, 2024 (Weapons Cache Seizure – Lincoln Avenue, Totowa)
Dear Totowa 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-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 arrests of Kyle Arena (35 years old, of Totowa) and Felix Arena (66 years old, of Totowa) on September 24, 2024, during the execution of a search warrant at a residence on Lincoln Avenue, Totowa, NJ.
The incident involved Totowa Police Department officers, along with the Passaic County Sheriff's Office bomb units and Emergency Response Team.
Kyle Arena was arrested on multiple firearms and weapons violation charges following the discovery of illegal firearms, ammunition, explosives, and weapons hidden in the residence.
Felix Arena was arrested during the execution of the warrant and charged with disorderly conduct, terroristic threats, and resisting arrest.
Please include footage from shortly before, during, and after officers' arrival; execution of the search warrant; any interaction with Kyle Arena and Felix Arena; the discovery and seizure of weapons; the arrests; and any transport if applicable. 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 strong public interest in transparency concerning weapons seizures, explosives recovery, and police operations during warrant execution, 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 notify 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
This in reference to the items you requested pertaininng to the arrest of
Kyle Arena on 9-24-24, at this time we will not be able to provide them to
you under the Open Public Records Act. According to New Jersey Attorney
General Directive No 2019-2 that governs extreme risk protection orders,
the items you are requesting are considered "criminal investigatorty
records" and are exempt from disclosure. I have attached a copy of this
directive and highlighted section 8 for review.
Respectfully
Captain George DiPasquale
Totowa Police Department
Phone 973-790-8926
Fax 973-595-0685