Post by KC on Jul 12, 2006 22:17:51 GMT -5
July 12, 2006 - FAR HILLS - A suspended borough police officer accused of stealing from a charity rummage sale had a reversal of legal fortunes last week.
The officer, Detective James DeCoste, was indicted by a Somerset County grand jury - for the second time - on charges of second degree official misconduct.
DeCoste, a Far Hills resident, is accused of stealing more than $200 worth of items from the Visiting Nurse Association (VNA) of the Somerset Hills rummage sale last October.
Last month, DeCoste seemingly won a legal victory when a Superior Court judge downgraded the official misconduct charge to a third degree crime, saying there was insufficient evidence that the value of the allegedly pilfered items was more than $200.
Somerset County Prosecutor Wayne Forrest said Friday that $200 is the legal dividing line between second and third degree official misconduct charges. Third degree crimes usually don't involve jail time, but second degree crimes carry a potential prison term of five to 10 years.
Forrest responded to the judge's action by presenting "greater detailed evidence" to a grand jury to show that the value of the VNA merchandise was more than $200.
"He was re-indicted," said Forrest, noting that DeCoste's indictment is now considered a new case.
DeCoste and his cousin, William Kneser, also 36 and from Far Hills, were arrested on Oct. 6, the night before the fall edition of the charity rummage sale at the Far Hills Fairgrounds was to begin.
Police said DeCoste, who was in uniform and driving a marked Far Hills patrol car, had been sent to the fairgrounds to set up a medical tent for the VNA event. He was the only Far Hills officer scheduled for duty that night.
Police claim DeCoste and Kneser loaded donated items into their cars and drove off, all the while communicating by walkie-talkies.
They were arrested after Police Chief Kenneth Hartman became suspicious and set up surveillance at the fairgrounds.
Both men were charged with second-degree official misconduct, third-degree theft and third-degree conspiracy to commit official misconduct.
Forrest said that although Kneser was not a public official, he was charged with official misconduct because he aided and abetted a police officer.
The prosecutor's office subsequently reached a deal with Kneser, in which he agreed to testify against DeCoste in exchange for the official misconduct charge against him being dropped. Forrest said his office has agreed not to oppose Kneser's application for Pre-Trial Intervention (PTI), a program for first-time offenders that offers intensive supervision rather than probation.
www.zwire.com/site/news.cfm?newsid=16898278&BRD=1918&PAG=461&dept_id=506492&rfi=6
The officer, Detective James DeCoste, was indicted by a Somerset County grand jury - for the second time - on charges of second degree official misconduct.
DeCoste, a Far Hills resident, is accused of stealing more than $200 worth of items from the Visiting Nurse Association (VNA) of the Somerset Hills rummage sale last October.
Last month, DeCoste seemingly won a legal victory when a Superior Court judge downgraded the official misconduct charge to a third degree crime, saying there was insufficient evidence that the value of the allegedly pilfered items was more than $200.
Somerset County Prosecutor Wayne Forrest said Friday that $200 is the legal dividing line between second and third degree official misconduct charges. Third degree crimes usually don't involve jail time, but second degree crimes carry a potential prison term of five to 10 years.
Forrest responded to the judge's action by presenting "greater detailed evidence" to a grand jury to show that the value of the VNA merchandise was more than $200.
"He was re-indicted," said Forrest, noting that DeCoste's indictment is now considered a new case.
DeCoste and his cousin, William Kneser, also 36 and from Far Hills, were arrested on Oct. 6, the night before the fall edition of the charity rummage sale at the Far Hills Fairgrounds was to begin.
Police said DeCoste, who was in uniform and driving a marked Far Hills patrol car, had been sent to the fairgrounds to set up a medical tent for the VNA event. He was the only Far Hills officer scheduled for duty that night.
Police claim DeCoste and Kneser loaded donated items into their cars and drove off, all the while communicating by walkie-talkies.
They were arrested after Police Chief Kenneth Hartman became suspicious and set up surveillance at the fairgrounds.
Both men were charged with second-degree official misconduct, third-degree theft and third-degree conspiracy to commit official misconduct.
Forrest said that although Kneser was not a public official, he was charged with official misconduct because he aided and abetted a police officer.
The prosecutor's office subsequently reached a deal with Kneser, in which he agreed to testify against DeCoste in exchange for the official misconduct charge against him being dropped. Forrest said his office has agreed not to oppose Kneser's application for Pre-Trial Intervention (PTI), a program for first-time offenders that offers intensive supervision rather than probation.
www.zwire.com/site/news.cfm?newsid=16898278&BRD=1918&PAG=461&dept_id=506492&rfi=6