FOX ROTHSCHILD LLP By: — Matthew S. Adams, Esq. (00141-2008) ‘Marissa Koblitz Kingman, Esq. (11054-2014) 49 Market Street Morristown, New Jersey 07960 } Telephone: (973) 992-4800 | Facsimile: (973) 992-9125 } Attorneys for Plaintiffs Linda Fennell, i Mary Anne Heino, Honora Fennell, | L Kevin Fennell, and Theresa Ravalese madams@foxrothschild.com mkingman@foxrothschild.com eee LINDA FENNELL, MARY ANNEHEINO, | SUPERIOR COURT OF NEW JERSEY HONORA FENNELL, KEVIN FENNELL, | LAW DIVISION: OCRAN COUNTY AND THERESA RAVALESE, | Docket No, OCN-L: 3-/1 Plaintift, y. | Civil Action ‘TOWNSHIP OF LITTLE EGG HARBOR, DIANA McCRACKEN, in her professional VERIFIED COMPLAINT capacity as custodian of records for the Township of Little Egg Harbor, THE STATE OF NEW JERSEY ATTORNEY GENERAL'S OFFICE, JENNIFER STONEROD, in her professional capacity as OPRA Counsel for the Office of the Attorney General, OCEAN COUNTY PROSECUTOR’S OFFICE, SHIRAZ I. DEEN, in his professional capacity as assistant prosecutor and custodian of records for the Ocean County Prosecutor's Office, Defendants. Plaintiffs, Linda Fennell, Mary Anne Heino, Honora Fennell, Kevin Fennell, and Theresa Ravalese, (collectively, “Plaintiffs”), through their counsel, Fox ROTHSCHILD, LLP, by way of Verified Complaint against defendants, Township of Little Egg Harbor, Diana McCracken, theState of New Jersey Attorney General’s Office, Jennifer Stonerod, Ocean County Prosecutor's Office, and Shiraz I, Deen, (collectively “Defendants”) says: 1. This is an action pursuant to N.J.S.A. 47:1A-6 of the Open Public Records Act, NJS.A. 47:1A-1 et seq. “OPRA” or the “Act”), and the common law Right to Know Doetrine. ‘THE PARTIES 2. Plaintiff Linda Fennell is the widow of the now deceased, decorated retired New York City Police Department Lieutenant Patrick Fennell (“Lieutenant Fennell”), residing at 35 Sycamore Drive Little Egg Harbor, NJ 08087. Lieutenant Fennell was shot and killed in or around his home under suspicious circumstances. 3. Plaintiff Mary Anne Heino is the surviving sister of the deceased Lieutenant Fennell, residing at 90 Applegrove Lane, Carlisle, MA 01471 4, Plaintiff Honora Fennell is the surviving sister of the deceased Lieutenant Fennell, residing at 31 Spice Bush Lane, Tuxedo Park, NY 10987. 5. Plaintiff Kevin Fennell is the surviving brother of deceased Lieutenant Fennell, residing at 68 Riverside Drive, Ridgefield, CT 06877. 6. Plaintiff Theresa Ravalese is the surviving sister of the deceased Lieutenant Fennell, residing at 75 Hunter Drive, West Hartford, CT 06107. 7. Defendant Township of Little Egg Harbor (“Township of Little Egg Harbor”) is a || subdivision of the State of municipality located in the County of Ocean constituting a pol New Jersey, as defined by OPRA, located at 665 Radio Road, Little Egg Harbor, NJ 08087 and ischarged with the duty to provide public access to government records in its possession consistent with the requirements of OPRA. 8. Defendant Diana McCracken (“MeCracken”) is the Township of Little Egg Harbor's Municipal Clerk and the individual designated as the OPRA Custodian for the Township of Little Egg Harbor who is charged with compliance with the provisions of OPRA. 9. The State of New Jersey, Attorney General’s Office (“AG's Office”) is a political subdivision of the State of New Jersey, as defined by OPRA, located at 25 Market Street, Trenton, New Jersey, 08625, and is charged with the duty to provide public access to government records in its possession consistent with the requirements of OPRA. 10. Defendant Jennifer Stonerod, (“Stonerod”) is the OPRA Counsel for the AG’s Office and the individual designated as the OPRA Custodian for the AG’s Office who is charged with carrying out the provisions of OPRA. 11. ‘The Ocean County Prosecutor's Office (“Ocean County Prosecutor's Office”) is a political subdivision of the State of New Jersey, as defined by OPRA, located at 119 Hooper Ave, ‘Toms River, NJ 08753, and is charged with the duty to provide public access to government records in its possession consistent with the requirements of OPRA. 12. Defendant Shiraz I. Deen (“Deen”) is an Assistant Prosecutor with the Ocean County Prosecutor’s Office and the individual designated as the OPRA Custodian for the Ocean County Prosecutor’s Office who is charged with carrying out the provisions of the OPRA. JURISDICTION AND VENUE 13. The Court has subject matter jurisdiction of this action pursuant to NJ.S.A. 47:1A- 6 and the common law.14. Venue is proper in this Court pursuant to R. 4:3-2(a)(2) because all of the relevant events occurred in Ocean County. FACTS COMMON TO ALL COUNTS I. The Killing of Lieutenant Fennell 15, Lieutenant Fennell, who posed no danger to anyone and who had threatened no one, was shot and Killed by law enforcement officers in the wooded area behind his house on ‘Sycamore Drive in Little Egg Harbor Township shortly after 10:30 p.m, on July 16, 2016. 16. Linda Fennell, then his wife and now his widow, heard but did not see her husband shot and killed. Since it occurred, the shooting of Lieutenant Fennell has been shrouded in secrecy, and Plaintiffs, his surviving family members, have been shown a callous disregard by investigators in the course of their quest to unearth the truth about what happened to their beloved husband and brother ever since the night that changed their lives forever. 17, Linda Fennell and other surviving family members were not permitted to identify Licutenant Fennell’s body in police custody. No autopsy report or other basic information was supplied to them, The family was kept in the dark for months as the death of Lieutenant Fennell was investigated by the AG’s Office’s Shooting Response Team, denied the most basic information about their slain husband and brother. 18, The AG's Office's Shooting Response Team investigates police involved shootings. 19, The AG’s Office’s Shooting Response Team represented to the family of Lieutenant Fennell that it would diligently investigate the circumstances of Lieutenant Fennell’s death, and the family took the AG's Office at its word when it made that promise.20. On February 13, 2017, the AG’s Office publicly released the supposed “results” of its “investigation,” on the same date, and not a single day before, did Linda Fennell and the surviving family members learn those “results.” The February 13,2017 AG's Office press release is annexed hereto as Exhibit A. 21. However, the AG's Office February 13, 2017 press release raised more questions than it provided answers, 22, The family of Lieutenant Fennell sought the answers that the press release did not provide through OPRA requests to Defendants, consistent with their right to know with respect to matters of public significance like when a police officer exercises lethal force. 23. What little the Plaintiffs know, even today, about the circumstances of Lieutenant Fennell’s death and who may be responsible for it comes from the February 13, 2017 AG's Office press release: of the numerous heavily armed police officers on the scene at Lieutenant Fennell’s home on July 16, 2016 and surrounding him in the woods behind his own home, only one yet to be identified officer fired at Lieutenant Fennell, and that unidentified officer shot Lieutenant Fennell eight (8) times, killing him, 24, Plaintifs seek to uncover the truth about Lieutenant Fennell’s death in this action pursuant to OPRA and the common law Right to Know Doctrine, oe OPRA Requests 25. On March 30, 2017, through their undersigned counsel, Plaintiffs submitted OPRA requests to the Ocean County Prosecutor's Office and the AG's Office. ‘The referenced OPRA requests to the Ocean County Prosecutor’s Office and the AG's Office are annexed hereto as Exhibits B and Exhibit C, respectively.26. On April 3, 2017, Plaintiffs submitted an OPRA request to the Township of Little Egg Harbor. The referenced OPRA request to the Township of Little Egg Harbor is annexed hereto as Exhibit D. 27. Plaintiffs made the following ten (10) separate requests for public records to each of the Defendants: (1) any recorded 911 or other calls for service which resulted in the law enforcement response at and around the Fennell home on July 16, 2016; (2) any records reflecting, ‘memorializing, or relating to the determination to engage the Ocean County Regional SWAT team in the response that evening; (3) any recorded dispatch and other radio communications pertaining to the law enforeement response at and around the Fennell home on July 16, 2016; (4) any use of force and/or other reports generated by responding officers; (5) any recordings of any dash mounted or body mounted devices employed or wom by responding officers; (6) a complete description of all equipment on the scene from responding agencies, including, but not limited to, weapons, vehicles, communications, lighting, and audio/video equipment; (7) a copy of the recorded police interview of Linda Fennell in the aftermath of the killing of her husband; (8) a copy of all autopsy, toxicology, blood-alcohol level, and other forensic testing reports relating to all analyses undertaken on the deceased's Fennell’s body; (9) a complete listing of all officers and agencies that responded to the scene at and around the Fennell home on July 16, 2016; and (10) a complete copy of the policies and procedures manual for the Ocean County Regional SWAT team. ILL ‘The Defendants’ Deficient Responses 28. While the responses of the Defendants to Plaintiffs’ OPRA requests were vari they are nonetheless each deficient,AL Deficiencies in the Township of Little Egg Harbor’s Response 29. On April 10, 2017, the Township of Little Egg Harbor acknowledged receipt of Plaintiffs” OPRA request, and indicated that the Township of Little Egg Harbor was deferring to the AG's Office to make a response on the municipality's behalf, The Township of Little Fag Harbor’s referenced OPRA response is annexed hereto as Exhibit 30. The Township of Little Egg Harbor’s response failed to provide a precise, legally recognized justification for its failure to respond to Plaintiffs’ OPRA request in any way other than to defer to the AG's Office. 31 In so doing, the Township of Little Egg Harbor failed to meet its obligations pursuant to OPRA. 32. Plaintiffs made follow up requests for records pursuant to OPRA on April 10 and May 1, 2017, The referenced requests are annexed hereto as Exhibit F and Exhibit G, respectively. 33. The Township of Little Egg Harbor ignored Plaintiffs’ follow up requests for public records without a legally recognized justification for doing so, necessitating this action to compel produetion of such records and for the imposition of punitive sanctions against the Township of Little Egg Harbor and its records custodian for willful noncompliance with the statutory requirements of OPRA. B. __ Deficiencies in the AG’s Office Response 34. On April 10, 2017, the AG’s Office responded to Plaintiffs’ OPRA request with: heavily redacted transcripts of certain communications devoid of the context necessary to make them comprehensible; heavily redacted dispatch logs; a redacted Use of Force Report from an unidentified officer that appears to have been the individual that fired the volley of shots that tookLieutenant Fennell’s life; and an incomplete, abridged autopsy report. The AG's Office's deficient OPRA response is annexed hereto as Exhibit H. 35. In denying full disclosure of all of the records requested by Plaintiffs, particularly the source recordings of the transcribed communications and the complete autopsy report, the AG's Office erroneously claimed either that the Criminal Investigatory Records Exception applied, or that the AG’s Office did not possess the requested records. 36. Furthermore, there is no legal justification for the redactions that have been made to the documents that were produced by the AG's Office, especially with respect to the name of the officer that was responsible for Lieutenant Fennell’s violent death, 37. Plaintiffs sent a renewed demand to the AG's Office for the requested records, including, but not limited to, the source recordings of the transcribed communications and the complete autopsy report, on May 4, 2017. A copy of Plaintiffs’ follow up request is annexed hereto as Exhibit I. 38. The AG's Office failed to respond to Plaintiffs’ follow up request. 39. Separately, Plaintiffs? counsel sent a letter, dated May 15, 2017, to Jill S. Mayer, Deputy Division Director, New Jersey Office of the Attorney General, Division of Criminal Justice, seeking a complete copy of the autopsy report, as well as any other toxicology, blood- alcohol level, and other forensic testing reports relating to all analyses undertaken on Lieutenant Fennell’s body pursuant to OPRA and the State of New Jersey, Department of Law & Public Safety, Office of the Attorney General’s own Homicide and Sudden Death Survivor Guidelines, Which state, in relevant part, that “{iJnformation pertaining to homicide... should be made available... to the victim's next of kin upon their request provided that the release of the requested information will not jeopardize a criminal investigation.”40, ‘The AG’s Office cannot avoid production of the requested information pursuant to its own Homicide and Sudden Death Survivor Guidelines because, based upon the public statement released by the AG’s Office on February 13, 2017, the AG's Office has concluded its criminal investigation into Lieutenant Fennell’s death. 41. Deputy Director Mayer, a criminal prosecutor who leads the Division of Criminal Justice’s Shooting Response Team, responded only that she had received the renewed request and had “referred this matter to those who handle all OPRA matters on behalf of... [her] office.” A copy of Ms. Mayer’s responsive email is annexed hereto as Exhibit J. 42, To date, the AG's Office has failed and refused to supplement its inital, deficient production of records, as its legal obligations and own internal policies require. 43. The AG’s Office has failed to meet its obligations pursuant to OPRA. Deficiencies in the Ocean County Prosecutor’s Office Response 44, On April 11, 2017, the Ocean County Prosecutor's Office furnished a copy of the ‘Ocean County Regional Swat Team's Policy and Procedures Manual in response to Plaintiffs’ OPRA request, A copy of that referenced response is annexed hereto as Exhibit K. 45, Plaintiffs’ counsel objected to the Ocean County Prosecutor's Office deficient response by separate letters dated May 1, 2017 and May 4, 2017. The referenced letters are annexed hereto as Exhibit L and Exhibit M, respectively. 46. By separate letters dated May 4, 2017 and May 5, 2017, the Ocean County Prosecutor's Office refused to produce any further documents in its custody, while acknowledging the existence of a “Duty Referral Tracking Sheet” relevant to Lieutenant Fennell’s killing that it ‘was withholding from production. ‘The referenced letters are annexed hereto as Exhibit N and Exhibit O, respectively,47. The Ocean County Prosecutor's Office has failed to meet its obligations pursuant to OPRA. 48. The Ocean County Prosecutor's Office has claimed that the “Duty Referral Tracking Sheet” is not a “government record” under OPRA, creating a justiciable controversy for this Court to resolve, given that Plaintiffs contend that the record falls within the coverage of OPRA. COUNT I: VIOLATION OF OPRA 49. Plaintiffs repeat and incorporate by reference each and every preceding allegation contained in Plaintiffs’ Verified Complaint as though fully set forth at length hereii 50. The records sought in the OPRA requests to Defendants are public records subject to disclosure under OPRA. 51. Defendants have wrongfully withheld access to the public records responsive to Plaintiffs’ OPRA requests without providing a valid statutory exception under OPRA or another viable legal basis for refusing access to the requested records. 52. The purported basses proffered by Defendants for withholding documents known to exist are not applicable. 53. Defendants have also redacted public records responsive to the OPRA requests without legal justification, rendering the redacted versions of records that have been produced incomprehensible and unintelligible. 54. Defendants’ actions constitute a violation of OPRA. WHEREFORE, Plaintiffs demand judgment against Defendants for the following relief: 10a, An Order declaring and adjudging unlawful Defendants’ actions in withhol ng access to government records sought in Plaintiffs” March 30, 2017 and April 3, 2017 OPRA requests; b. An Order requiring Defendants to immediately tum over government records within its possession that are responsive to Plaintiffs’ OPRA requests; c. To the extent that Defendants assert any exception to disclosure of any portion of, or all of a particular government record, an Order requiring each of the Defendants to submit such records to the Court for an in camera review aimed at determining the validity of the alleged exception(s) to disclosure pursuant to OPRA; d. A judgment declaring that Defendants knowingly and willfully violated OPRA, unreasonably denied access under the totality of the circumstance and imposing civil penalties against Defendants, as permitted by law; e, An award of Pl fs’ reasonable attorneys’ fees and costs incurred in connection with prosecuting this action to remedy Defendants’ failures pursuant to OPRA; and Such other and further relief as the Court deems equitable and just, 55. Plaintiffs repeat and incorporate by reference each and every preceding allegation of Plaintiffs’ Verified Complaint as though fully set forth at length herein,56. Plaintiffs have a common law right of access to receive copies of the documents requested in the March 30, 2017 and April 3, 2017 OPRA requests that are separate and apart from any statutory rights of Plaintiffs. 57. Plaintiffs have a legitimate private interest and wholesome public interest in the requested records, as they relate to the government entities’ efforts to comply with their constitutional obligations to refrain from wrongful, unjustified killings, and to fully investigate and prosecute wrongful killings by law enforcement officers. 58. Defendants have no legitimate interest in mait taining the secrecy of these requested documents, as the surviving family members of the deceased Lieutenant Fennell are the people requesting the information through their counsel. 59. Therefore, Defendants have violated Plaintiffs’ common law right of access to the government records. WHEREFORE, Plaintiffs demand judgment against Defendants for the following relief: & An Order declaring and adjudging unlawful Defendants’ actions in withholding access to the government records sought in Plaintifis’ March 30, 2017 and April 3, 2017 OPRA requests; b. An Order commanding Defendants to turn over government records within their possession that are responsive to the OPRA Requests pursuant to the common law Right to Kuow Doctrine; ¢. To the extent that Defendants assert any exception to disclosure of any portion of, or all of a particular government record, an Order requiring each of the Defendants to submit such records to the Court for an in cameraDated: May 25, 2017 review aimed at determining the validity of the alleged justification for non- disclosure pursuant to the common law Right to Know Doctrine; An award of Plaintiffs’ reasonable attorneys’ fees and costs incurred in connection with prosecuting this action to remedy Defendants’ failures under the common law Right to Know Doctrine; and Such other and further relief as the Court deems equitable and just. Respectfully submitted, FOX ROTHSCHILD LLP Attorneys for Plaintiffs By: fatthew 8. Adams, Esq. Marissa Koblitz Kingman, Esq.VERIFICATION 1, Matthew S. Adams, being of full age and duly sworn according to law upon my oath, depose and say: 1 Iam licensed to practice as an Attorney at Law by the State of New Jersey, and I am a partner of the law firm Fox Rothschild LLP. 2. Fox Rothschild, LLP is counsel for, Linda Fennell, Mary Anne Heino, Honora Fennell, Kevin Fennell, and Theresa Ravalese, the Plaintiffs in the above matter, 3. Thave read the foregoing Verified Complaint, and the information contained therein is true and accurate based upon my personal knowledge and information. 1 certify that the foregoing statements made by me are true, T am aware that if any of the foregoing statements made by me are willfully false, Iam subject to punishment, Date: May 25, 2017 MATTHEW S. ADAMSDESIGNATION OF TRIAL COUNSEL Pursuant to R, 4:25-4, Matthew S. Adams, Esq. is hereby designated as trial counsel in this matter. FOX ROTHSCHILD LLP Maifhew S. Adams, Es Dated: May 25, 2017 CERTIFICATION PURSUANT TO RULE 4:5-1 Thereby certify that the matter in controversy is not currently the subject of any other action pending in any Court and is, likewise, not the subject of any pending arbitration proceeding. 1 further certify there is no action or arbitration proceeding contemplated regarding the subject of this action, being the disclosure of public records pursuant to OPRA and the common law Right to Know Doctrine, and that I am not aware of any other parties who should be joined in this action, S. Adams, Esq. Dated: May 25, 2017EXHIBIT Azr? Statect Now Jersey ‘Search ‘bw Ststv 06 Ne Pasay ® Derarrmenr oF Law Puntic Sarvry OF THE ATTORNEY GENERAL NuHome | Services AtoZ | Departments/Agonci icios en Espafiol AG's Executive Leadership Tear For Immediate Release: For Further Information: AGsMessage Axkthe AG February 18, 2017 Media Inquiries- Conact ORG Abst 8G Peter Aseltine Ga Nowa apace fice of The Attor eral 609-292-4791 ° “Christopher S, Porno, Aforney General Citizen Inquiries CASHIN Enplorment Division of Criminal Justice 1609-984.5828 AG Grants Preposod Ruce Elie Honig, Director Scena . Statutes / Reguintons/ Rules State Grand Jury Returns “No Bill” in Fatal Shooting Little Egg Harbor Township in 2016 Involving Ocean eee neeceedea County Swat Team eaeeeae TRENTON ~ A state grand jury voted today not to file any eriminal charges at the aint en Exes 080) conclusion ofits deliberations regarding the death of Patrick Fennell, 57, of Little Egg cxtigts (sor) Harbor Township, who was fatally shot by a member of the Ocean County Regional Paes SWAT Team during an armed standoff in July 2016. ieee The shooting was investigated by the Attorney General’s Shooting Response Team, ete na EstanertComm, made up of investigators from the Division of Criminal Justice and the New Jersey State caring xtreorortOy oh Police Major Crime Unit, After hearing testimony and evidence from the team’s investigation, the state grand jury voted “no true bill,” meaning it declined to indict the “SN T™¥sSshn isan law enforcement officer who shot Fennell, Sasa Feat Pode fen ona Sor Cnn Fennell was armed with a revolver when he was shot in a wooded atea behind his house gy pt Distal ‘on Sycamore Drive in Little Egg Harbor Township shortly after 10:30 p.m. on July 16, 2016. The incident began earlier in the evening, when Fennell’s wife called 911 at 6:52 “mere pam, to report that her husband was drunk and that she had heard shots fired in their basement. She previously had conironted Fennell in the basement and grabbed some Joose bullets that were near hima as he loaded a revolver, She said on the 911 call that he pushed her away as she took the bullets and she was “really scared.” Towaship police ‘were dispatched right after the 911 call, Fennell left the house with a silver .22-caliber revolver and was in & wooded area behind the home when police arrived. Members of the Ocean County Regional SWAT Team were dispatched to the scene between 7:30 p.m and 8 p.m, The scene was dark, and the weather was hot and mugay. ‘The SWAT team had to use a combination of flashlights, generator lights, rifle-mounted lights, night vision technology, and thermal imaging technology (o visually locate Fennell, who was moving around a wooded area. Neyotialors were brought to the scene, bat they were unsuccessful in establishing communication with Fennell. After those efforts failed, SWAT (eam members attempted to move closer to Fennell and contain him: ‘Members of the SWAT team moved into the woods in formation and used # combination of the visual technologies to spot Fennell in the dark. As they got close to Fennell, officers continued ¢o try to speak to him and get him to cooperate, telling him they were there to help. Fennell did not cooperate at any time during the event. The officer who shot Fennell - “Officer 1" — was among the officers in the formation who were closest to Fennell and directly in front of him when the shooting occurred, Officer 1 was armed ‘with a rifle, The officers were within an estimated 20 to 25 yards of Feonell when Fennell, who apparently had bees lying down under brush and leaves, sat up on the i govoaghrowetelosses‘7px20170216e Nm! tepean? State of New Jersey ground. Multiple officers reported that they saw Fennell raise the silver revolver to a ready position, with the barrel pointed up. SWAT team members, including Officer 1, commanded that Fennell show his hands and put the gun down, According to multiple officers, Fennell ignored the commands and instead pointed the gun in the direction of the officers directly in front of him, inchiding Officer I. Officer | then fired multiple rounds from his rifle at Fennell before pausing. Officers yelled that Fennell was “still moving,” and Officer 1 fired several more rounds at him. Officer 1 was the only officer who fired. He fired a total of eight rounds Several officers reported that Fennell said something antagonistic before pointing his gun at the officers. Officer I reported that Fennell said, “Don’t come any closer. This is going to be a bad day. Officers moved in to secure Fennell once he stopped moving. He was lying on his back ‘with wounds to the chest, right arm and hip area, and the revolver was between his legs. He was wearing only a bathing suit, a camouflage lat and boots, which were on the wrong feet, Emergency medical personnel were called forward (o assist Fennell, but he ‘was pronounced dead at the scene, Fennell’s revolver, which was partially loaded, had been struck by a bullet and was damaged on the front-facing portion of the revolving chamber of the gun, consistent with the gun having been pointed directly at Officer 1. ‘Two .22-caliber easiigs from bullets fired from Fennell’s revolver were found in the bascment of the couple’s home. Toxicology tests performed in connection with the autopsy reveated that Fennell was intoxicated, with a blood alcohol concentration between 0.11 and 0.12 percent. “After considering the facts, evidence and testimony from the investigation by the Attomey General's Shooting Response Team, the state grand jury voted not to return an indictment. An officer may use deadly force in New Jersey when the officer reasonably believes it is immediately necessary to protect the officer or another person from ‘imminent danger of death or serious bodily harm. In New Jersey, all investigations into police deadly force incidents are governed by an Attomey General directive — issued in 2006 and strengthened in 2015 ~ which establishes strict procedures for conducting those investigations, When a state- or county-level officer uses deadly force, the case is investigated by the Attorney General's Shooting Response Team, made up of deputy attorneys general and detectives of the Division of Criminal Justice, as well as detectives of the State Police Major Crime Unit, all of whom operate independently of their usual chain of command and report directly to the Director of the Division of Criminal Justice or a designee. The Attorney General directive creates a presumption that all cases will be presented to a grand jury, consisting of 23 civilians, for independent review unless the undisputed facts establish that the use of force was justifiable under the law. Follow the New Jersey Attorney General's Office online at Twitter. Facebook, Instagram & YouTube. The social media links provided are for reference only. The New Jersey Attorney General's Office does not endorse any non-governmental websites, companies or applications. aeee ‘News Index Page | top Contact Us| Privacy Notice | LegatStatement | Accessbitty statement (@) Depormertt; ONG Home |Contact OAG | Abu OMG, | OMG Newe | OAS FE Schenige” Nome Semlct he £ | Deamon ae, Gapyigt © Se New Josey Rete marae! by See Communications. Commerts/Qvestns: ema or cal 609-252-4925 eri govleaghewereleses 7ipr20170216¢ |EXHIBIT BOcean County Prosecutor’s Office 119 Hooper Avenue, Toms River, New Jersey 08754 REQUEST FOR PUBLIC RECORDS (N.JS.A. ATAAL, et seq.) 'A request for Public Records must be submitted to the above address, on this form which has been adopted by the Prosecutor of Ocean ‘County as the Custodian of Records. If your request is epproved, it will take some time to compile the records and make the copies requested, but they will normaly be available within seven business days pursuant to statute. If'a document or copy which has been requested is nota public record pursuant to statute or iit ean not be provided within seven business days, you will be provided with a response with that information within the seven business days. Fees for copying public records are established by statute as follows: first page to tenth page, $0.75 per page; eleventh page to twentieth page, $0.50 per page; all pages over twenty, $0.25 per page, Pursuant t0 NWJS.A. 47-A-Se. this office may impose a reasonable special service charge if the natute, format, manner of collation, fr volume of a government record is such that it cannot be reproduced by ordinary document copying equipment in ordinary business size ot involves an extraordinary expenditure of time and effort to accommodate your request. ‘The terms “public record” and “government record” in New Jersey do not include: > Criminal investigatory records > Victim's records > Inter-agency or intra agency advisory, consultative, or deliberative mat > Emergeney or security information or procedures for buildings or facilities } Administrative or technical information regarding computer hardware, software and networks which, if disclosed, ‘would jeopardize computer security Information regarding labor-management negotiations including statements of strategy oF negotiating position > Pension and personnel records in possession ofthis office Your Name: Matthew 8. Adams, Esq Your Address: Fox Rothschild LLP 49 Market Street, Morristown, New Jersey 07960-5122 ‘Telephone: 973-994-7573 E-mail address: madams(@foxrothschild.com Specify each record you are requesting: ‘The following categories of documents and electronically stored information related to the shooting death of Patrick Fennell at or around his Little Egg Harbor Township home on July 16, 2016, the alleged circumstances of which were disclosed publicly in a press release by the Office of the Attorney General, Division of Criminal Justice on February 13, 2017 (available online at: http://nj.gov/oap/newsreleases| 7/pr20170216e.htm!): (1) any recorded 911 or other calls for service which resulted in the law enforcement response at and around the Fennell home on July 16, 2016; (2) any records reflecting, memorializing, or relating to the determination to engage the Ocean County Regional SWAT team in the response that evening; (3) any recorded dispatch and other radio communications pertaining to the law enforcement response at and around the Fennell home-on July 16, 201 (4) any use of force and/or other reports generated by responding officers; (5) any recordings of any dash mounted or body mounted devices employed or worn by responding officers; (© acomplete description of all equipment on the scene from responding agencies, including, but not limited to, weapons, vehicles, communications, lighting, and audio/video equipment;(1). acopy of the recorded police interview of Linda Fennell; (8) __acopy of all autopsy, toxicology, blood-alcohol level, and other forensic testing reports relating to all analyses undertaken on the deceased’s Fennell’s body; (9) acomplete listing of all officers and agencies that responded to the scene at and around the Fennell home on July 16, 2016; and (10) a complete copy of the policies and procedures manual for the Ocean County Regional SWAT team, Defendant/Victim’s Name: Patrick Fennell Approximate Date and Type of Incident: July 16, 2016/ shooting death Mu ipality Where Incident Took Place: Little Egg Harbor Township File # (if known), ‘The applicant hereby acknowledges receipt of a copy of this fortn with the date on which the requested information is expected to be available and the estimated cost. The applicant hereby certifies that he or she has not been convicted of any indictable offense under the lave of this State, any other State or the United States and is not seeking government records containing personal information pertaining toa vietim or a victim's family, 12 Pre-payment of @ deposit for this request is required in the amount of. ‘This completed form, when signed by an Ocean County Prosecutor’s Office employee, shall constitute a receipt forthe deposit made by the applicant. Ocean County Prosecutor's Office Date:EXHIBIT C‘The following Request for Information has been forwarded to the Division of Criminal Justice in the Department of Law and Public Safety, Your confirmation number is W119420. Please write this number down or print this page as a reference, Requestor Information Payment Information First Name MI Last Name [itaximum Authorized Gost Matthew S Adams poo con lPayment Method: tea heck Fox Rothschild LLP cas: Latlar Sie @ $0.05/pago Mailing Address Logalsie @ s807page 149 Market Street ot hal be provided harge but agency city State zp args freon tt Morristown New Jersey 07960 - 5122 Becoarning, te, eed information tocnology Imadams@foxrothschild.com Peter tua eostan ts tata opocing pon favs te. Time ‘Area Codo Number Extension alton maybe cares Telephone: 973 994 - 7573 Sharges:extreorsinarytnlafor {exutraa, depenang upon [Proferred Delivery: E-Mail lUnder penalty of Nu.S.A. 2C:28-3, Icerly that | Have Not been convicted of lany incictable offense under the laws of New Jersey, or any other state, or in United States [Record Request Information: The following categories of documents and electronicaly stored information related to the shooting death of Patrick Fennell at or round his Litie Egg Harbor [Township home on July 16, 2018, the alleged circumstances of which were |sisciosed publicly in a press release by the Ofice of the Altorney General, Division of Criminal Justice on February 13, 2017 (available online a: http:inj.gov/oaginewsreleases 17/pr201702 16c.htm): (1) any recorded 911 or jother calls for service which resulted in the law enforcement response at and Jaround the Fennell home on July 16, 2016; (2) any records reflecting, Imemoarializing, or relating to the determination to engage the Ocean County IRegional SWAT team in the response that evening; (3) any recorded dispatch land other radio communications pertaining to the law enforcement response at land around the Fennell home on July 18, 2016, (4) any use of force and/or other reports generated by responding officers; (5) any recordings of eny dash mounted or body mounted devices employed or worn by responding officers; (6) la complete description of all equipment on the scene from responding agencies, including, but not limited to, weapons, vehicles, communications, lighting, and laudio/video equipment; (7) a copy of the recorded police interview of Linda Fennell (8) a copy of al autopsy, toxicology, blood-alcohol Ievel, and other forensic testing reports relating to all analyses undertaken on the deceased's IFennal's body; (9) a complete listing of all officers and agencies that responded lo the scene at and around the Fennell hore on July 18, 2096; and (10) a lcomplete copy of the policies and procedures manual for the Ocean County [Regional SWAT teamEXHIBIT DTOWNSHIP OF LITTLE EGG HARBOR 685 Radio Road Little Egg Harbor, NJ 08087 Telephone: (609) 296 ~ 7241 Fax: (609) 296 - 5352 REQUEST FOR PUBLIC RECORDS Name: Mathew Adams, Esq Malling Address: Fox Rothschité LLP Street Address: 49 Market Steet, Moristown, Ny 07960-5122 Telephone [day]: 973.904.7573 | Date Received: By: E-Mail Address [optional] sfoxrothschid com Identity Block and Lot Numbers if you are requesting information about a specitic properly: Block: Lot(s) Street Address: a Information Requested! {_ ] Municipal Lin Search (Certteate) FEE: $10 each [| Duplicate Tax Bill [ { ( I i [ i | Duplicate Tax Sale Certiicate | Certificates of Redemption (including duplicates) | Police Reports } Police Photographs ~ 8°x10" black and white | Police Photographs ~ 8° x 10" color | Certified copy of disposition of Municipal Court Case | Zoning maps ~ smal-scale maps | Land Development Ordinance and Zoning Ordinance | Little Egg Harbor Township Master Plan J Tax maps — small sot (12" x 18°) | Tax maps — large set (24° x 36") | Tax maps — small set, single sheet } Tax maps — large sel, single sheet | Issuance of bid documents/spectications | Bid specifications prepared by the Township | Vital Statistics Records IX] Other: Please see document attached Version OL! cl FEE: $5 for an intial duplicate copy of a tax bl $25 for each subsequent copy of a tax bill for the ‘same tax year requested by the same person or organization FEE: $100 each FEE: $25 For accident reports not requested in person and rot part of Municipal Court discovery, an additional fee of $5 for the frst three pages and 1 per page thereatter shall be charged to cover the administrative costs of the report pursuant to NJSA,39:4-131 FEE: $5 each FEE. $10 each FEE: $5 each FEE: $5 each FEE: $50 each or the cost to the township for purchasing copies of the ordinance tram the Code publisher, whichever is greater FEE: $75 FEE: $75 each FEE: $200 each TCC: $2 each FEE: $4 each FEE: $50 FEE: $10 FEE: pursuant to Chapter 328 of the Township Code, Contact the Registrar of Vital Statistics Ordinance No. 2010-19TOWNSHIP OF LITTLE EGG HARBOR OPRA REQUEST Attachment to OPRA request, dated Apr'3, 2017, regarding Patrick Fennell The following categories of documents and electronically stored information related to the shooting death of Patrick Fennell at or around his Little Egg Harbor Township home on July 16, 2026, the alleged circumstances of which were disclosed publicly in a press release by the Office of the Attorney General, Division of Criminal Justice on February 13, 2017 (avallable online at: hntto://n.gov/oag/newsreleases17/or20170216c html} (1) anyrecorded 911 or other calls for service which resulted in the law enforcement response at and around the Fennell hame on July 16, 2016; (2) any records reflecting, memorializing, or relating to the determination to engage the Ocean County Regional SWAT team In the response that evening; (3) _anyrecorded dispatch and other radio communications pertaining to the law enforcement response at and around the Fennell home an July 16, 2016; (4) any use of force and/or other reports generated by responding officers; (5) any recordings of any dash mounted or bady mounted devices employed or worn by responding officers; (6) a complete description ofall equipment on the scene from responding agencies, including, but ‘ot limited to, weapons, vehicles, communications, lighting, and audio/video equipment; (7) acopy of the recorded police interview of Linda Fennell (8) acopy ofall autopsy, toxicology, blood-alcohol level, and other forensic testing reparts relating toall analyses undertaken on the deceased's Fennell’s body; (9) acomplete listing ofall officers and agencies that responded to the scene at and around the Fennell home on July 16, 2016; and (20) a complete copy of the policies and procedures manual for the Ocean County Regional SWAT team,Copy Of Meeting Minutes: [ ] Township Committee ‘The foes for copies of government records shall [ Planning Boara be five ($0.05) cents per letter size page or [ ] Zoning Board of Adjustment smaller, and seven ($0.07) cents per legal size [ ] Board of Heatth page oF larger t J Please Specily Meeting date(s) Duplicate or Recordings Made of Public Meetings: } Township Committee FEE: actual cost of media, [ ] Planning Board FEE: actual cost of media [ ] Zoning Board of Adjustment FEE: actual cost of media [ ] Board of Heattn FEE: actual cost of media i } Please Spacity Meeting date(s) There is no fee for simply inspecting most records during normal business hours Specify meeting date(s), accident date(s), or municipal court complaint number(s) for which you are requesting information: Some records will be immediately available during normal business hours. Some records will require time to compile and to make the copies requested, but will normally bo available during normal business hours and within seven (7) business days. If any document or copy that has bean requested is not a public record or cannot be provided within seven (7) business days, you will be provided with a response containing that information within the seven (7) business day period. Some statutes provide for a different response time. For example, municipal lien searches will be provided within fifteen (15) calendar days after the request is received and the fee is paid Version 0111 2 Ordinance No. 2010-19In general the following time frames and procedures apply pursuant to NJSA. 47:1A-1 ef seq,” 1 Immediate access will normally be available for ordinances, resolutions, budgets, bills vouchers, contracts, collective bargaining agreements, employment contracts, and public ‘employee salary and overtime information. Minutes of public meetings will be generally available immediately after the minutes have been approved. Records which are not readily available or which will require a search of records will be made available as soon as possible and the applicant will be provided an interim report within seven (7) business days indicating the estimated time required to complete the search of records. When a legal determination must be made whether records are “public records,” the request, willbe reviewed by municipal counsel. The term “public records” does not include employee personnel files and records, Police Department investigation files and records, public assistance files and records, or other files and records which reveal personal, private or confidential information (e.g., medical information, social security numbers, or disciplinary records) or which may be specifically exempted by law. Where a request is for a copy in a format other than a photocopy, reasonable efforts will be ‘made to provide the information in the format requested. The cost will be based on the costs, of producing the format requested, A deposit against costs for reproducing documents sought whenever the custodian anticipates that the information that is requested will cost in excess of five ($5.00) dollars to roproduce. ‘Tobe completed by Municipal Clerk or authorized agent of the Municipal Clerk Estimated date information wi be made available: Department / Ofice: Estimated number of pages: Estimated copy fee: ‘A deposit against costs for reproducing documents sought whenever the austadian anticipates that tho information that is roquested will cost in excess of five ($5.00) dollars to reproduce. Refer to Municipal Attomoy: _Yes No Date of referral: Date legal determination is received: Final fee: $ Less deposit: $ Amount due: $ Date paid in ful Document(s) provided! Version O11 3 Ordinance No, 2010-19Applicant acknowledges that 1. In any case where items of public record regarding municipal liens or municipal improvement ordinances are provided and the applicant is not requesting certificates 2s provided in NJ.S.A. 54:5-11, of seq. or NJ.S.A. 54:5-18.5, neither the applicant nor any third party may assert a claim for damages against the Township of Little Egg Harbor or its officers or employees nor shall any act of the applicant constitute or be construed as creating an estoppel as to the Township's right to collect any outstanding balance or lien: and 2. Applicant has received a copy of this form with the date on which the information is expected to be available and the estimated cost therefore. The applicant hereby certifies that he or she has not been convicted of any indictable offense under the laws of this state, any other stato, or the United States of America and is not seeking government records containing personal information pertaining to a victim or a victim's family as provided by NJLS.A. 47:1A-1 et seq. This form when signed by the municipal official shall constitute a receipt for any deposit received. Signatures Applicant Municipal Official dates Aafia Date: __ — Fees tor Copies The fees for copies of government records shall be five ($0.05) cents per letter size page or smaller, and seven ($0.07) cents per legal size page or larger. You have the right to appeal a decision that the document or documents are not public records. You may take your appeal to the Government Records Council or to the New Jersey Superior Court, as provided by NuJ.S.A.47:1A-1 ef seq. If your Fequest has been denied, a statement of the procedures for the appeal will be attached to the notification of denial. Version O11 4 Ordinance No, 2010-19EXHIBIT EAdams, Matthew S. Diana McCracken Monday, April 10, 2017 10:24 AM ‘Adams, Matthew S. OPRA REQUEST Dear Mr. Adams, | am in receipt of your OPRA request dated April 3, 2017. Your request sought documentation regarding Patrick Fennell, Please be advised that the matter and all documentation must be obtained by the Attorney General's Office, Department of Law. Respectfully, Diana McCracken, RMC Township ClerkEXHIBIT FAdams, Matthew S. From: ‘Adams, Matthew S. Sent: Monday, April 10, 2017 11:08 AM To: "Diane McCracken’ ce: Leibman, Alain; Gilardoni, Danielle (dgilardoni@foxrothschild.com) Subject: RE: OPRA REQUEST Ms. McCracken: ‘Thank you for your response. However, the Township's position is contrary to established law, and we hereby renew our demand for production of the requested materials in accordance with the deadlines set forth In the statute, (Our OPRA request sought categories of documents and information that are clearly “logs of police activity” that the Township and Police Department separately retain notwithstanding the now completed Attorney General's Office investigation into the shooting death of Mr. Fennell, such as: «any recorded 911 or other calls for service which resulted in the law enforcement response at and around the Fennell home on July 16, 2016; «any records reflecting, memorializing, or relating to the determination to engage the Ocean County Regional ‘SWAT team in the response that evening; + any recorded dispatch and other radio communications pertaining to the law enforcement response at and around the Fennell home on July 16, 2016; «any use of force and/or other reports generated by responding officers; + any recordings of any.dash mounted or body mounted devices employed or worn by responding officers; «a complete description of all equipment on the scene from responding agencies, including, but not limited to, weapons, vehicles, communications, lighting, and audio/video equipment; ‘+ a copy of the recorded police interview of Linda Fennell; + acomplete listing ofall officers and agencies that responded to the scene at and around the Fennell home on July 16, 2016; and + a complete copy of the policies and procedures manual for the Ocean County Regional SWAT team. Pursuant to OPRA, the mere existence of duplicate copy of requested materials in the possession, custady, or contral of anether public entity does not eliminate the legal obligation on the Township to independently produce them. “(LJogs of police activity” fall squarely within the coverage of OPRA. See e.g. North Jersey Media Group inc. v. Township of Lyndhurst, 481 NJ. Super 70, 88 (App. Div. 2015). Given that there is no applicable exemption to OPRA which would allow the Township to refuse production of the requested materials, the requested records must be disclosed at this time. See O'Shea v. lownship of West Milford, 410 N.J. Super. 371, 381 (App. Div. 2009). We hope to avoid the need to compel the Township to produce the requested records, We look forward to your response. Please be guided accordingly. Regards, Matt Matthew Adams, Esq.Partner Fox Rothschild we SAGE) xrtonneys at Law 49 Market Street Morristown, NJ 07960-5122 {973) 994-7573 ~ direct (732) 804-3974 ~ mobile (973) 992-9125- fax MAdams@foxrothschild.com Attorney Bio | Firm Website | Twitter | Linkedin Please note that my business address has recently changed, while all of my contact numbers are the same. Kindly update your contacts as necessary. From: Diana McCracken {mailto:dmecracken@leht.com} Sent: Monday, April 10, 2017 10:33 AM To: Adams, Matthew S. Subject: RE: OPRA REQUEST Mr. Adams, {was advised by the Police Department that they are not in possession of the records requested, that the case was referred to the Attorney General's Office. Respectiully, Diana From: Adams, Matthew S. (mailto: MAdams@foxrothschild.com] Sent: Monday, April 10, 2017 10:27 AM To: Diana MeCracken Cet Lelbman, Alain; Gllardoni, Danielle Subject: RE: OPRA REQUEST Ms, McCracken: Can you please clarify the Township's legal basis for refusing to answer the OPRA request directed to it for materials in its possession, custody, and control. Thank you, Regards, Matt Matthew Adams, Esq.Partner Fox Rothschild us ATTORNEYS AT LAW 49 Market Street Morristown, NJ 07960-5122 (973) 994-7573 - direct (732) 804-3974 - mobile (973) 992-9125- fax MAdams@foxi Attorney Bio | Please note that my business address has recently changed, while all of my contact numbers are the same. Kindly update your contacts as necessary. From: Diana McCracken [mailto:dmccracken @leht.com] Sent: Monday, April 10, 2017 10:24 AM To: Adams, Matthew S. Subject: OPRA REQUEST Dear Mr. Adams, | am in receipt af your OPRA request dated April 3, 2017. Your request sought documentation regarding Patrick Fennell. Please be advised that the matter and all documentation must be obtained by the Attorney General's Office, Department of Law, Respectfully, Diana McCracken, RMIC Township Clerk This email contains information that may be confidential and/or privileged. If you are not the intended recipient, or the employee or agent authorized to receive for the intended recipient, you may not copy, disclose or use any contents in this email. If you have received this email in error, please immediately notify the sender at Fox Rothschild LLP by replying to this email and delete the original and reply emails. Thank you.EXHIBIT GFox Rothschild ur 49 Markel Steet ‘Mortistoun, NJ 07960-5122 7.973.992.4800 F: 973.992.9125, arnw s.anas DicerNar 9139027813 nail MadanoGextotehiecom May 1, 2017 BY FACSIMILE (609) 296-5352) AND U.S. MAIL. Diana MeCracken Township Clerk ‘Township of Little Egg Harbor 665 Radio Road Little Egg Harbor, New Jersey 08087 Re: OPRA Requests Pertaining to the Killing of Patrick Fennell Dear Ms. McCracken: This office submitted a New Jersey Open Public Records Act (“OPRA") request, dated April 3, 2017, to the Township of Little Egg Harbor (the “Township”). A copy of that referenced OPRA request is annexed hereto as Exhibit A for your convenience. ‘Thereafter, upon acknowledged receipt of the OPRA request by the Township, in an e-mail dated April 10, 2017, you wrote to the undersigned indicating, in sum and substance, that the ‘Township was deferring to the New Jersey Attorney General's Office in connection with our OPRA request. A copy of your referenced April 10, 2017 e-mail to me is annexed hereto as Exhibit B. Because your April 10, 2017 e-mail failed to provide a precise, legally recognized justification for the Township’s failure to respond to our OPRA request, I sent a responsive e-mail to you, also on April 10, 2017, in which I asked you to please clarify the Township’s legal basis for refusing to answer the OPRA Request directed to it for materials clearly within the Township’s possession, custody, and control. A copy of referenced April 10, 2017 email is annexed hereto as Exhibit C, Calera Coerado Connecticut Delaware District of Columbia _—Flovida ltiois Minnesota Nevada’ Mew Jersey New Yon Pennsylvania Toray 45559070Fox Rothschild ue May 1, 2017 Page 2 Ina subsequent April 10, 2017 e-mail responding to mine, you indicated, “I was advised by the Police Department that they are not in possession of the records requested, that the case was referred to the Attorney General's Office.” A copy of that referenced e-mail is annexed hereto as Exhibit D, . Responding to your e-mail attempting to justify the Township's non-compliance with OPRA, I then unambiguously stated that the Township has an independent legal obligation to produce the requested records, and I renewed our demand for them. A copy of that referenced e- mail is annexed hereto as Exhibit B. To date, we have received no response from the Township, and the Township remains ‘woefully deficient in its obligations pursuant to OPRA. Demand is hereby made that the requested records be produced by the Township to the undersigned by no later than the close of business on Friday, May 5, 2017. In the event that we do not receive a response by that date and time, we will be left with no other option than to seek judicial intervention, including, but not limited to, the compulsion of the requested records from the Township by force of law and the imposition of fees and costs for the Township's willful non-compliance, Please be guided accordingly. Very truly you MSAccak 45559070EXHIBIT ATOWNSHIP OF LITTLE EGG HARBOR 665 Radio Road Little Egg Harbor, NJ 08087 Telephone: (609) 296-7241 Fax: (609) 296 ~ 5352 REQUEST FOR PUBLIC RECORDS, Namie: Mailhew Adams, Esq. ~ Date Received: By: Mailing Address: Fox Rothschild LLP Street Address: 49 Market Steet, Mosrstown, NJ 07860-8122 Telephone [day]: 973.994.7573 E-Mail Address [optional] madems@forotnschild.com Identify Block and Lot Numbers if you are requesting information about a specific property Block: Lot(s} Street Address: lormation Requested: [| ] Municipal Llen Search (Coriticate) FEE: $10 each [] Duplicate Tax Bit FEE: $5 for an intial duplicate copy of ata bi $25 for each subsequent copy of a fax bil for he ‘same tax year raquastad by the same porson or ‘organization [_ ] Duplicate Tax Sale Certticate FEE: $100 each [| Cortcates of Radomption (including duplicates) FEE 425, [| Police Reports For accident reports not requested in person and not part of Municipal Court dscovery, an additonal foe of 85 for the first tee pages and $1 per page thereafter shall be charged to cover the administrative costs of the report pursuant 10 NJSA, 3834-131. [| Police Photographs — 8°10" black and white FEE: $5 each [] Police Photographs ~ 8" x 10" oolor FEE: $10 each [| Centlied copy of disposition of Municipal Court Case FEE: $8 each [| Zoning maps — smal-scale maps FEE: $6 oach t ] Land Development Ordinance and Zoning Ordinance FEE: $50 each or the cost tothe township for purchasing copies of the ordinance from the ‘Cade pulssher, whichever is greater [] Little Egg Harbor Township Master Plan FEE: $75 [| Tax mapa — small sot (12" x 18°) FEE: $75 each [ax maps — large set (24" x 38°) FEE: $200 each |] Tax maps —smal sot, single sheet FEE: $2 each [| Tax maps —large set, single sheet FEE: $4 oach T } Issuance of bid documents/specitications FEE: $50 [| Bid specications prepared by the Township FEE: $10 [] Vita Stasties Records FEE: pursuant to Chapter 328 ofthe Township Code. Contact the Registrar of Vital Statistics [i] Other: Please soe document attached. Vession O11 1 Ordinance No. 2010-19‘TOWNSHIP OF LITTLE EGG HARBOR OPRA REQUEST Attachment to OPRA request, dated Aptl 3, 2017, regarding Patrick Fennel The following categories of documents and electronically stored information related to the shooting death of Patrick Fennell ator around his Utte Egg Harbor Township home on July 16, 2026, the alleged circumstances of which were disclosed publiely in a press release by the Office of the Attorney General, Division of Criminal Justice on February 13, 2017 (available online at htto:/énl.gov/oag/newsreleasest7/or20170216c.htm)} (2) anyrecorded 911 or other calls fr service which resulte and around the Fennell home on July 16, 20%6; the law enforcement response at (2) any records reflecting, memoralizing, or relating to the determination to engage the Ocean County Reglonal SWAT team in the response that evening; (3) any recorded dispatch and other radio communications pertaining to the law enforcement response at and around the Fennell home on July 16, 2036; (4) anyuse of fore and/or other reports generated by responding officers; (5) any recordings of any dash mounted or body mounted devices employed or worn by responding officers; {6} a complete descriation of all equipment on the scene from responding agencies, including, but hnotimited to, weapons, vehicles, communications, lighting, and audio/video equipment; (7) acopyof the recorded police interview of Linde Fennell [8) a copy ofall autopsy, toxicology, blood-alcohol level, and other forensic testing reports relating to ll analyses undertaken on the deceasec's Fennell’s body: {9} s.complete listing ofall officers and agencies that responded tothe scene at and around the Fennell home on July £6, 2086; and (20) a complete copy of the policies and procedures manual for the Ocean County Regional SWAT team,Copy Of Meeting Minutes: {Township Commiteo ‘The fees for copies of goverment records shal |} Planning Board be five ($0.05) cents per later sizo_ page or [.} Zoning Board of Adjustment smaller, and seven (60.07) cents per legal size |} Board of Heath age or larger i } Please Specify Meeting date(s): Duplicate or Recordings Made of Public Meetings: [ ] Township Committee FEE: actual cost of media [] Planning Board FEE: actual cost of media [J Zoning Board of Adjustment FEE: actual cost of media [} Board of Heath FEE! actual cost of media i | Please Specity Meeting date(s) There is no fee for simply inspecting most records during normal business hours Specify meeting date(s), accident date(s), or municipal court complaint number(s) for which you are requesting information: Some records will be immediately available during normal business hours. Some records will require time to compile and to make the copies requested, but will normally be available during normal business hours and within seven (7) business days. It any document or copy that has been requested is not a public record or cannot be provided within seven (7) business days, you will be provided with a response containing that information within the seven (7) business day period. Some statutes provide for a different response time. For example, municipal lien searches will be provided within fifteen (18) calendar days alter the request is received and the fee is paid. Version 0111 a Ordinance No. 2010-19In general the following time frames and procedures apply pursuant to NuL.S.A. 47:1A-1 af seq" 1 Immediate access will normally be available for ordinances, resolutions, budgets, bills vouchers, contracts, collective bargaining agreements, employment contracts, and public ‘omployes salary and overtime information. Minutes of public meetings will be generally available immediately after the minutes have been approved. Records which are nol readily available or which will require a search of records will be made available as soon as possible and the applicant will be provided an interim report within soven (7) business days indicating the estimated time required to complete the search of records, ‘When a legal determination must be made whether records are “public records,” he request will be reviewed by municipal counsel. The term "public records” does not include employee personnel files and records, Police Department investigation fies and records, puolic assistance files and records, or other fies ‘and records. wnich reveal personal, private or confidential information (e.., medal information, social security numbers, or disciplinary records) or which may be specicaly ‘oxompted by law. ‘Where a request is for a copy in a format other than a photocopy, reasonable efforts will be made to provide the information in the format requested. The cost will be based on the costs ‘of producing the format requested. ‘A deposit against costs for reproducing documents sought whenever the custodian ‘anticipates that the information that is requested will cost in excass of five ($5.00) collars to eproduce. ae To be completed by Municipal Clerk or authorized agent of the Municipal Clerk, Estimated date information will be made avalable: Department / Office: Estimated number of pages: Estimated copy foe: {A deposit against costs for reproducing documents sought whenever the custodian anticipates thatthe information that is requested will cost in excess of five ($5.00) doiars to reproduce Refer to Municipal Attomey: Yes No Date of referral: Date legal deteimination is received Final foo: $ Less deposit: $ ‘Amount duo: $ Date paid in ful: Document(s} provided: Version 0111 3 Ordinance No, 2010-19Applicant acknowledges that: 1. In any case where items of public record regarding municipal liens or municipal improvement ordinances are provided and the applicant is not requesting certificates as provided in Nu.S.A, 54:5-11, ef seq. or NuLS.A, 54:5-18.5, nelther the applicant nor any third party may assert a claim for damages against the Township of Little Egg Harbor or its officers or employees nor shall any act of the applicant constitute or be construed as creating an estoppel as to the Township's right to collect any outstanding balance or ien; and 2, Applicant has received a copy of this form with the date on which the information is expected to be available and the estimated cost therefore. The applicant hereby cerilies that he or she has not been convicted of any indictable offense under the laws of this state, any other state, or the United States of America and is not seeking government records containing personal information pertaining to a victim or a victim's family as provided by NuLS.A. 47:1A-1 et soq. This form when signed by the municipal official shall constitute a receipt for any deposit received. Signatures Appicant Municipal Offical Date: Afstia a - vou Fees for Copies The fees for copies of government records shall be five ($0.05) cents per letter size page or smaller, and seven ($0.07) cents per legal size page or larger. You have the right to appeal a decision that the document or documents are not public records. You may take your appeal to the Government Records Council or to the New Jersey Superior Court, as provided by N.J.S.A, 47:1A-1 ef seq. If your request has been denied, a statement of the procedures for the appeal will be attached to the notification of denial. Version O11 4 (Ordinance No, 2010-19EXHIBIT BAdams, Matthew From: Diana McCracken Sent: Monday, April 10, 2017 10:24 AM Te ‘Adams, Matthew S. Subject: (OPRA REQUEST Dear Mr. Adams, lam in receipt of your OPRA request dated April 3, 2017. Your request sought documentation regarding Patrick Fennell, Please be advised that the matter and all documentation must be obtained by the Attorney General's Office, Department of Law, Respectfully, Diana McCracken, RMC Township ClerkEXHIBIT CAdams, Matthew S. From: Diana McCracken Sent: Monday, April 10, 2017 10:33 AM To: ‘Adams, Matthew S, Subject: RE: OPRA REQUEST Mr. Adams, | was advised by the Police Department that they are not in possession of the records requested, that the case was referred to the Attorney General's Office. Respectfully, Diana From: Adams, Matthew S. [mailto:MAdams@foxrothschl Sent: Monday, April 10, 2017 10:27 AM To: Diana McCracken Ce: Lelbman, Alain; Gilardoni, Danielle ‘Subject: RE: OPRA REQUEST Ms, McCracken: Can you please clarify the Township’s legal basis for refusing to answer the OPRA request directed to it for materials in its possession, custody, and control. Thank you, Regards, Matt Matthew Adams, Esq. Partner oy Fox Rothschild ws JI) vionners ar taw 49 Market Street Morristown, NJ 07960-5122 (973) 994-7573 - direct (732) 804-3974 - mobile (973) 992-9125- fax MAdams@foxrothschild.com Attorney Bio | Firm Website | Twitter | LinkedinEXHIBIT DPartner Fox Rothschild ue AFTORNEYS at LAW 49 Market Street Morristown, NJ 07960-5122 (973) 994-7573 — direct (732) 804-3974 — mobile (973) 992-9125- fax MAdams@foxrothschild.com Attorney Bio | Firm Website | Twitter | Linkedin Please note that my business address has recently changed, while all of my contact numbers are the same. Kindly update your contacts as necessary. From: Diana McCracken {mailto:dmecracken@leht.com) Sent: Monday, April 10, 2017 10:33 AM To: Adams, Matthew S, ‘Subject: RE: OPRA REQUEST Mr. Adams, | was advised by the Police Department that they are not in possession of the records requested, that the case was referred to the Attorney General's Office. Respectiully, Diana From: Adams, Matthew S. {mailto:MAdams@foxrotischild,com) Sent: Monday, Apri! 10, 2017 10:27 AM To: Diana McCracken’ Ce: Leibman, Alain; Gilardoni, Danielle Subject: RE: OPRA REQUEST Ms. McCracken: Can you please clarify the Township's legal basis for refusing to answer the OPRA request directed to it for materials in its possession, custody, and control. Thank you. Regards, Matt Matthew Adams, Esq.EXHIBIT EAdams, Matthew ee From: ‘Adams, Matthew S. Sent: Monday, April 10, 2017 11:08 AM 1 "Diana McCracken’ ce: Leibman, Alain; Gilardoni, Danielle (dgilardoni@foxrothschild.com) Subject: RE: OPRA REQUEST Ms. McCracken: Thank you for your response. However, the Township's position is contrary to established law, and we hereby renew ‘our demand for production of the requested materials in accordance with the deadlines set forth in the statute ‘Our OPRA request sought categories of documents and information that are clearly “logs of police activity” that the ‘Township and Police Department separately retain notwithstanding the now completed Attorney General's Office investigation into the shooting death of Mr. Fennell, such as: «any recorded 911 or other calls for service which resulted in the law enforcement response at and around the Fennell home on July 16, 2016; # any records refiecting, memorializing, or relating to the determination to engage the Ocean County Regional ‘SWAT team in the response that evening; © any recorded dispatch and other radio communications pertaining to the law enforcement response at and around the Fennell home on July 16, 2016; ‘+ any use of force and/or other reports generated by responding officers; © any recordings of any dash mounted or body mounted devices employed or worn by responding officers; «a complete description of all equipment on the scene from responding agencies, including, but not limited to, ‘weapons, vehicles, communications, lighting, and audio/video equipment; ‘+ acopy of the recorded police interview of Linda Fennell; ‘« acomplete listing ofall officers and agencies that responded to the scene at and around the Fennell home on July 16, 2016; and © a complete copy of the policies and procedures manual for the Ocean County Regional SWAT team. Pursuant to OPRA, the mere existence of duplicate copy of requested materials in the possession, custody, or control of another public entity does not eliminate the legal obligation on the Township to independently produce them. “(Logs of police activity” fall squarely within the coverage of OPRA. See e.g. North Jersey Media Group Inc. v. Township of Lyndhurst, 441 NJ Super 70, 88 (App. Div. 2025). Given that there is no applicable exemption to OPRA which would allow the Township to refuse production of the requested materials, the requested records must be disclosed at this time. See O'Shea v. Township of West Milford, 410 N.J. Super. 371, 381 (App. Div. 2009). We hope to avold the need to compel the Township to produce the requested records. We loak forward to your response. Please be guided accordingly. Regards, Matt Matthew Adams, Esq.Fox Rothschild uw CO) arronners ar ue 49 Market Street Morristown, NJ 07960-5122 (973) 994-7573 — direct (732) 804-3974 — mobile (973) 992-9125- fax (MAdams@foxrothschild.com Website | 1 itter | Linkedin Please note that my business address has recently changed, while all of my contact numbers are the same. Kindly update your contacts as necessary. From: Diana McCracken (mailto:dmccracken@leht.com! Sent: Monday, April 10, 2017 10:24 AM To: Adams, Matthew S. Subject: OPRA REQUEST Dear Mr. Adams, 11am in receipt of your OPRA request dated April 3, 2017. Your request sought documentation regarding Patrick Fennell, Please be advised that the matter and all documentation must be obtained by the Attorney General's Office, Department of Law. Respectfully, Diana McCracken, RMC Township Clerk ‘This email contains information that may be confidential and/or privileged. If you are not the intended recipient, or the employee or agent authorized to receive for the intended recipient, you may not copy, disclose or use any contents in this email. If you have received this email in error, please immediately notify the sender at Fox Rothschild LLP by replying to this email and delete the original and reply emails. Thank you,EXHIBIT HApril 10, 2017 08:22 PM State of New Jersey Government Records Request Receiat Requestor information Request Namiver: Wwii9420 Request status: Patil Closed jathew S Adams ‘ox Rothschild LLP. 9 Market Street lorristown, NJ 07980-6122 yaciams @foxrothschild.com 173-994-7573 gequest Date: March 30, 2017 laximum Authorized Cost: $300.00 mail [Status of Your Request |Your request for government records (# W'119420) from the. [Division of Criminal Justice has been reviewed and has been [Partial Closed. Detailed information as to the availabilty of the Jdocuments you requested appear below and on following lpages as necessary, ‘The cost and any balance due for this request is shown to the Fight. Any balance due must be paid in full prior to the release |/ mailing of the documents, It you have any questions related to the disposition ofthis Jrequest please contact the Custodian of Records for the [Division of Criminal Justice. The contact information is in the [column to the right, Please reference your request number in lany contact or correspondence. Document Detail Div |Doc# Doc Name {Redaction | ‘Legal ‘Electronic Other } i Req (Pages! Size !Meala ch '9i1 cals for service which resuted in the” |Y NON i law enforcement response at and around | so dt 4 ‘the Fennel nome on Juy 15,2016 | } See attached transcrit, ecactions made to omit personal identifying information, confident ‘domestic violence information and for officer safely. cy it 'Accomplete copy ofthe policies and N NOON [procedures manual for the Ocean County ‘Regional SWAT team, Denial: 01.Not Made, Maintained, Filed or Received by Division -~ Referred to Ocean County Regional SWAT Team,April 10, 2017 cs cd or co c cs cd ow. Dear Mr. Adams, 08:22 PM State of New Jersey Page: 2.0f 4 Government Records Request Receipt ‘Any records reflecting, memoriaizing, or 1Y NOUN ‘relating to the determination to engage the Ocean County Regional SWAT team in the “response thal evening. ‘Denial: 17.Criminal Investigatory Record --- Request denied as calls for criminal investigatory itecords, however see attached Call for Service Logs from Litle Egg Harbor Police Department (@) and Ocean County Sherif's Office (1) with redactions to omit personal identifying Information, confidential domestic violence information and for officer safety, Any recorded dispatch and other radio N ew ‘communications pertaining to the law fenforcement response at and around the |Fennell home on July 18, 2016. {Denial: 17.Criminal investigatory Record iLitle Egg Harbor Police Department Use of iY NN |Force Report 'Redactions made to omit personal identifying information and for officer safety. {Any recordings of any dash mounted or N iN N body mounted devices employed or worn “by responding officers. ‘ Denis: 01.Not Made, Maintained, Flled or Received by Division --- ‘A complete description of all equipment on \N i \the scene from responding agencies, including, but not limited to, weapons, ‘vehicles, communications, lighting, and audio/video equipment. [Dena 17 Criminal investigatory Record ~: There is no one responsive documento his request, insofar as this request call for police reports, the request is denied as it calls for criminal investigatory records. |A copy of the recorded police interview of .N NOON |Linga Fennel. i Denial: 17.Criminal investigatory Record |A copy of all autopsy, toxicology, blood- N dl N ‘alcoho! level, and other forensictesting | “Teports relating to all analyses undertaken lon the deceased Fennel’ body ' {See attached Autopsy Report, Toxicology Reports (2) “A complete listing ofall officers anc 'N NON ‘agencies that responded to the scene at ‘and around the Fennell home on July 16, ‘016. Denial: 17.Criminal investigatory Record -- There Is no one responsive document to this request, insofar as this request calls for police reports, the request is denied as It calls for criminal investigatory records ‘The Division of Criminal Justice is in receipt of your OPRA request. [As to request 1, for “recorded 911 or other calls for service which resulted in the law enforcement response at ‘and around the Fennell home on July 18, 2016," please see attached 91 1 transcript with redactions to omit personal identifying information, confidential domestic violence information (See N.J.S.A. 2C:25-33) and for Officer safety. The 917 audio recordina contained content from unfelated calls. therefore the transoriot contains:‘Api 10,2017 08:22 PM State of New Jersey Page: 3 of 4 Government Records Request Receipt those call, a8 well ‘As to request 2, for "records reflecting, memorialzing, of relating to the determination to engage the Ocean County Regional SWAT team," your request is denied as it calls for criminal investigatory records, which are ‘exempt from disclosure pursuant to N.J.S,A. 47:1A-1.1. However, the Division has provided two Call for Service Logs from Litle Egg Harbor Police Department and one from Ocean County Sheriffs Office. ‘As to request 3, for “any recorded dispatch and other radio communications pertaining to the law enforcement response at and around the Fennell home,” your request is denied as these are criminal investigatory records, therefore the records are exempt from disclosure pursuant to NSA, 47:1A-1.1 ‘As to request 4, for “any use of force and/or other reports generated by responding officers," see attached Lite Egg Haroor Twp Police Dept Use of Force Report, wit redactions to omit personal identifying information and for officer safety. Insofar as your request calls for additional police/investigative reports, your request is denied as these are criminal investigatory records, which are exempt from disclosure pursuant to NJ.S.A, 47:1A-1.1, {As to request 5, for “any recordings of any dash mounted or body mounted devices employed or worn by responding officers,” your request Is denied as the Division does not have responsive documents. {As to request 6, for “a complete description of all equipment on the scene from responding agencies, including but not limited to, weapons, vehicles, communications, lighting, and audiolvideo equipment," there is no responsive document fo this request, Insofar that you Seek all police and investigative reports, your request is denied as these are criminal investigatory records, whicn are exempt from disclosure pursuant 10 NuJ.S.A, ATA, {As to request 7, for a copy of the interview of Linda Fennel, your request is denied as this is a criminal investigatory record, which Is exempt from disclosure pursuant to NJ.S.A, 47:14-1.1 ‘As to request 8, for a copy of the autopsy and toxicology reports, see attached autopsy and two toxicology reports. ‘As to request , fora complete listing ofall officers and agencies that responded to the scene at and around the Fennell home," there is no responsive document to this request, insofar that you seek all police and investigative reports, your request is denied as these are criminal investigatory records, which are exempt from disclosure pursuant to NJ.S.A, 47:1A-1.1 [As to request 10, for “a complete copy of the policies and procedures manual for the Ocean County Regional ‘SWAT team,” your request is denied as the Division does not have responsive documents. if documents exist, they would be maintained by the Ocean County Regional SWAT Team, Pursuant o N.C. 13:1E-3.2(7), officer Information has been redacted from all documents 28 “t]he duty assignment of an individual law enforcement offcer or any personally identiiabie information thal may reveal or fead to information that my reveal such duty assignment" are records designated confidential and exempt from disclosure. “The Division reserves the right to raise additional grounds for denial not raised in this response. Sincerely, Jennifer Stonerod ‘OPRA Counsel Robert McGrath OPRA Custodian ‘Your request for government records (# W119420) is as follows:April 10,2017 08:22 PM State of New Jersey. Page: 4 of 4 Government Records Request Receipt ‘The following categories of documents and electronically stored information related to the shooting death of Patrick Fennell at or around his Litie Egg Harbor Township home on July 16, 2016, the alleged circumstances ‘of which were disclosed publicly in a press release by the Otfice of the Attorney General, Division of Criminal ‘Justice on February 13, 2017 (available online al: htip'/nj.gov/oaginewsreleases 1 7/pr20170216e.him)}(1) any recorded 911 or other calls for service which resulted in the faw enforcement response at and around the Fennell home on July 18, 2018; (2) any records refecting, memorializing, or relating to the determination to engage the Ocean County Regional SWAT team in the response that evening; (3) any recorded ‘ispatch and other radio communications pertaining to the law enforcement response at and around the Fennell home on July 16,2016; (4) any use of force andior other reports generated by responding officers; (5) ‘any recordings of any dash mounted or body mounted devices employed or worn by responding officers, (8) ‘a complete description of all equipment on the scene from responding agencies, including, but not limited to, weapons, vehicles, communications, lighting, and audio/video equipment; (7) a copy of the recorded police interview of Linda Fennell, (8) acopy of all autopsy, toxicology, blood-alcohol level, and other forensic tesling reports relating to all analyses undertaken on the deceased’?s Fennell? body: (9) a ‘complate listing ofall officers and agencies that responded to the scene at and around the Fennell home on ‘July 18, 2016; and (10) @ complete copy of the policies and procedures manual for the Ocean County Regional SWAT team,Division of Criminal Justice Law Enforcement Services Case: Patrick Fennell Case Number: 2016-07706 Statement Date: ‘Statement Time: ‘Statement Location: Statement Of: OCEAN COUNTY SWAT RADIO TRANSMISSIONS#11 CALL Interviewer: ‘Transcribed By: Clams Legend: UM = 911 where’s your emergency? LF Um@@Sycamore Drive. Uh my husband came home drunk T heard, T don’t even want to 20 downstairs. Theard gunshots. You heard gunshots? Yeah, UM — Okay maam where are you what town’? LF Little Eeg Harbor. UM — Okay ma’am is this the Fennell residence? Is this (ai? LF Yes. UM Alright you'reLE Yes, UM — Okay do you hear him walking around at all? LE ['mafraid to go downstairs. UM — Okay stay exactly where you are ma’am alright? LF Okay. UM Just hang on I’m going to put, I got, Qi alright. LF [took away his bullets and stuff like that but like I'm really scared, UM — Alright @iifjust hang on the line alright. Has he had any kind of suicidal threats fecently? LE No,no, no but he’s drinking and he pushed me away and I’m like really scared. ‘UM Alright where in the house is he? LF What? He’s in the basement. UM _ Inthe basement? LE Yeah, UM — Okay hang on one second okay? LE Okay, okay, UM I want you to stay exactly where you are. LF Okay. UM Alright ma'am I’m going to hook you up to the police alright just hang on the line, LF Okay. PHONE RINGING UF Police dispatch.uM uM UM UM UM UM UM uM uM uM It’s Ocean County. At@@Sycamore Drive I have jag on the phone, Her husband was in the basement um before that he kind of, he pushed her um is drinking, intoxicated was in the basement with @ gun, Uh she heard gunshot coming from the basement, She's upstairs now but she does want to go downsta Okey, Rag? Yes, Okay you're going to stay on with me okay? Okay. And I’m going to send some one to help you ‘Marine one county Marine one. You can show us back atthe dock have a good night, You us well SB County ae Clear the jail 9 tumed over to Officer gaia 10-4, aa an os ‘We're gonna swing by the library before we come out to like uh we talked about last night. 10-4 thank you,uM uM uM UM u™ uM uM uM uM uM uM UM uM UM UM uM uM UM ene Co 10 ‘Alright I'm going to be heading out, I'll be here tomorrow moming at 10:00, Do you need the keys or do you want me to hold on to them? T'll come grab the Keys justin case something heppens to nights and I need to get it. Alright 10-4, Do you want to meet me by the grte right by it? yeah no problem So Go tof, ‘We're over by the uh rodeo going to swing by here. 10-4. amma Go ahead. You have someone in the car? Uh not at this moment. Just a heads up we got something going down in Little Beg Radio Road when you get a chance check it out 10-4. Stand by @eounty Gl.UM calling. UM Affirm, UM — Show me out of Miller Air Park for the remainder of the evening. UM 10-4, a UM aa UM Go. UM — Come down the uh third parking lot where the employees park we're up by the uh back gite by the radio, UM = 10-4. UM ama UM @ UF — @iffrom Ocean County. UM Goto UF Phone call please QR UM 10-4, UM Okay @ uF UM Show me 10-10 to 10-8 to my 10-3 you cain show G9 as officer in charge. UF 10-4 UM Okay GifuM UM uM uM UF uM UF UM UF UF UM uM ‘Show me out Toms River on that MVA. a. County fe T got a solution for that matter. 104 Go ahead, Can you have {MBM pick up the phone I’m on hold still, Okay she’s on the other phone I'l let her know. county 68. oe ‘you can show me clear two South'Toms River units on scene 10-4 County BB. a Show me 10-8. 104 ng. Gs Go. ‘That vehicle's alright the keys are on your desk.UM UM UM uM UF uM uM UF UM UM uM 10-4 thank you sir. County @. Myself and fiivill be 1082 oem to pick up the flat truck, County @ County its @Jyou want to show me route to pick up the toc and then go down to Litle Bee received County a WUBI'm going to be 10-8 Little Egg. I'll be switching over to 3 if you co any of the other negotiators responding to switch over to 3 after they sign on, received County (§8H91°11 also be switching over to 3, received Bo3, Alright George um I'll give you a 10-2 in a second I, I requested the whole thing so I'm heading down now where are you? On Route 37, @WBheading to warrants for a car.‘Alright received, County B. County 9 on 3. Bon 3. Just real quick what's that address again please? Stand by one, the information we have is the staging area is in between Sycamore Drive and Cedar Brook. unty ao. P'll be clear miller air park Received thank you, Ocean County mobile command. 10, Mobile command. show mobile command en route to Little Eg. received Saag County os. ila ‘Your radio is in ifa can you repeat?UM is UM — @iBeounty a and @i/a 1:30 ila UM last unit mobile command you came in uh broken up. UF when you coming in you're all broken up can you give us a phone call up here, UM Right in front of you do you know where you're going? UM Affirm. UM Alright thank you. uM aie. UM check UM aay a UF @. UM — Show me ii UF 104. UM Gas UM Stand by. UM — County Qs UF @®. UM Staging area what’s the address? UF Staging area is going to be Sycamore Drive and Cedar Brook. UM Sycamore Drive and Cedar Brook copy.UM UM UM. UM uM UM UF uM UF uM UF UM UF UM uM @B go ahead what’s your call? ‘Stand by. = en Good. {S¥oy the pumps my uh fob’s not letting me through the gate. Received one second County @on 3. @ Tm 10-9, T’'m on uh Sycamore. Received Gi County @. e show me @at Little Egg scene, 10-4, ta County @jas far as you're aware is command post setting up at @ Sherwood? Negative it’s going to be Sycamore and Cedar Brook. Copy Sycamore, Cedar Brook. Who's in the new SWAT truck?UM UM UM UM UM uM UF UM UM UM UM UM uM UM uM uM UM UM You waiting for me? Negative I’m waiting for @aBi/2 Alright Pm getting the toc out now I'l] be right behind you, County @i/a if (@B 2rc you on location clear I can not hear you. Tam 10-7, received have a good night aere you ready? om Go to Ct Give me a 10-2 on my cell. 10-4. Go abead. 102,UM UM uM uM UM UF UM UF UM UM uM UM UM uM UP UM UF UM uM [Alright we're going to be on the street right near there @ Sherwood? Affirm. Copy. County . ige with the SWAT truck and the toc Myself, @iijand @iwill be 1082 Littl received Sig ay Go ahead ‘Alright we're changing the location it’s going to be atthe end of s/I Laureldale Court, County @- a. T don’t know if you caught that last transmission if you could whoever’s driving Unit 1 could you tell them to go to the end of Laureldale Court that’s where we're going to post. Richie was there a cross street or is just a cul-de-sac ? It's a cul-de-sac. received I'll advise them aes. Go ahead.UM UM UM S uM uM uM UM uM UF ‘What’s the location Syc and what? It's going to be Laureldale Court now behind the PD down in Little Egg. 10-4 Mobile command for the radio room. Go to mobile command. Per (@ your stage and location is going to be at Laureldale Court the cul-de-sac. Received thank you, - County oe Just uh notify anybody else who’s responding uh to meet uh on Laureldale Court for negotiations. Received @@. ‘That you in front of me Sag Depends where you are. ‘Coming out right by the PD onto Radio Road, ‘Thats me going to get right up here? Afi, 10-4 see you there. Ocean County Radio Room to all units responding to, Little Egg per respond over to Laureldale Court for negotiations gi Occan County. aiseUM UF UM uM uM UM UF UM UF UM UF uM UM UF UM UF UM UF County BF show me @i§Laurel Brook. Received gag @BPuhere did you go? At the end of Laureldale 10-4 I'm coming your way. County @. 10-9 the end of Lauredale, Received ei. County f@ishould be 10-9 Little Bag scene. Received RB. County @ Okey can you just let me know who's exactly responding? From who [have signed on [have yourself, MQ @ and @ as well as mobile command responding down there let me check the notes stand by, @@Jalso have Detective (089 responding down there as well. Very good what exactly is Bip ifa Stand by @Bcounty. Detective QAR uh number is it's aaa County Is she switching over to OCFD3? She's not signed on yet sir. i4~UM UF uM UF UM UF UF uM UF uM UM UF UM UF UM UF uM UF Okay um I’m going to give you a call I just need her uh cell phone number. Received. ¥ County @& 1 was scheduled for a detail tonight can you uh take care of that for me please in detail. Hreaed you ‘Mobile command for the radio room. Go to mobile command. {Ws inquiting your ETA to Lauredale, 1, about five minutes I have ij on board and we’re going to be en route now. Received, ‘Ocean County copy 10:9. Copy. County oe Alright we're changing locations it’s going to be@@ij Sherwood if you can let unit 1 know ‘we're going to be heading in that direction and get as close as they can, Received I'll advise them. Uh never mind they're right here. Received. PeUM uM UF z g g UM UF uM UF UF UM UM ‘Unit 1 did you copy? Mobile command to county. Go ahead. Can you switch over to OCFD3. Theyre going to be operating off that channel tonight ‘Okay as soon as we get set up they're moving us. Received, (GBB you follow me? ‘Trying stand by a second where you at? Where we going OW’ Unit MB County on oan you advise unit they uh started driving before I could get to them, County. @. Did you copy my last? ‘Negative go ahead. Uh Unit 1 started driving before I could get to them can you tell them ot uh head to that address? Received. 4} what's that address? @@ Sherwood and everyone’s on OCFD3. GB where you at? I'm back in Harbor Town where we started uh heading to Sherwood, -16-§ uM UF uM UM UE uM UF uM uM UF UM ‘Mobile command from county. Go to mobile command. Confirming you copied the new address of @ Sherwood? Negative. Do they want us in front of J Sherwood because they just had us move. T'll confirm with the but that's that what he just told me stand by. BBB :0 shed. You need the toc and SWAT truck at Sherwood or are they still going to Laureldale? No we need them to head to i Sherwood now acklress changed. MBizom County. Go ahead, ‘Mobile command is trying to figure ont where they should be setting are they going to be going to @ Sherwood or would you like them to go over to Laurel Brook? It’s going to be wh Sherwood, T got an address of fj what did you have @? ‘That's what I copied down before when you told me, Alright 10-4, Alright I'll have mobile command go over to @Sherwood then. Yeah tell them to wait there, I'll get an exact location for them. I'm just, I'm just trying to figure out exactly where they need us now. Received no problem. Mobile command. Go ahead, Alright @is going over to @@ Sherwood. He would like you to respond over there forthe 17-UM UF UM UF UM UF UM UM UM UM UF UM uM uM uF uM UM time being until they figure out exactly where they need everyone to stage. Mobile command copy. GB from Ocean County County 4% 10-7 for the night reach ot for 6 ‘Thank you @ give me a phone call please aly Bory. MBI y0°re at Sycamore and Harbor Town Boulevard. Stand by. amy. as. County mobile command. Mobile command. Okay can you ascertain which end of Sherwood they would like us to come in the end of Harbor Town ar closer to the police station? (@Cedar Brook wh everybody should start heading over there nov. 10-4 mobile command is asking if you want to come in on Harbor Town. Stand by @. -18UM uM UM uM uM uM uM UM UM UM UF UM UM UM UM UM UM UF ny, Say Alright you guys follow me I got the uh the staging area, (GAM20 ahead, Bin @@Pvhat channel are you on? I mean uh MMF what channel you on? Uh channel 1. I'm uh on the phone with @right now to find the actual staging area Alright I got to watch for low overhangs in there, you said you couldn’t make it down the road? Yeah I’m good on this road go ahead. Alright 10-4 we just had to uh swing around we were going the wrong way. Everyone who's responding to Little Egg meet at @9 Cedar Brook, @Bl think I lost you. Stand by 1 Bere you going to be able to fit through there? Did you say could I fit through here that’s yes I’ll make it fit. Received, County mobile command is reloc: 104. (@BBHIct me catch up I think I uh might have took the camera off at that last. 10-4, @Byou wanna just ub pull over on the side here I'll swing around. Uh camera still there.UM UF uM uM UF UM UM UM uM UM uM UM UF UM uM CSI from county. Thave a DOA in Manchester. 10-4, County a. Myself @§ GBB and uh @Bwill be 10-9. ‘You guys on 3 10-4, a Mobile command is on 3. aon 3, 3 copies i/a. ila By co county. last unit call county? He in position? Affirm. We're waiting for the team here to direct us. -20-uM UM UF uM UF UM UF UM UM UM UM UM UM UM UM UM (@Bi0 county can you show me 10-8 to the uhG@Win Manchester code 1127 and can you patch ‘me to police please, Alright 10-4, Received Qa. @. &. (Bey county. Calling GB You trying to reach county? Negative county I'm trying to reach @. Go ahead a. ‘You got cables in your truck? “Jumper cables? Negative you want me to check the uh HOC? If you could yeah. Okay give mi¢ a minute, me. Go ahead ‘That's negative do you want ane to uh @ with you? Unie jumper cable. Received. aeUM UF UF UF UM UM UM uM uM uM UM UM UM UM UM UM uM UF UM Bare you texting me? County from a5 Could you please show me en route tog Lawrence Ave., Manchester for this call out? Received ii. Sorry about that i/a GMB just start negotiations, ‘We're waiting for the team to set us up. Alright 10-4 just le me know when to start. 10-4 it’s their show. eas Go ahead RD As for the talk as you can start negotiating anytime you want 10-4 we're a ways back and trying to set up safely. I'll talk with the leader here, Alright 10-4. QBs there tactical next to you? BBo county hold on sir 109,UF uM UF UM UM uM UM UM UM UM UF UM UM uM uM UM Received County ap for 6 =n. En route tof Lawrence Avenue in Mainchester. 104 10-4, @on8. Go. How’s it going? We're trying to negotiate no response at this time. Received, ila commend. Go ahead, Gerard are you able to give me a 10-2? ‘We're in a real low light situation. Difficult to tum my phone on it’s going to light everything up. “That's fine um the only other information that we got was um make sure portable is low so you can just hear me let me know when it’s good. Go with your message ‘Alright um the wife said she just went downstairs he was loading up his revolver. Um she B-UM UM UM UM uM uM UM UM UM UM UM UM UM doesn't know if anything was wrong today or anything when she brought up why you doing that’s when he pushed her out of the way and went outside so something must have been bothering him today. Copy. Just curious does he have the revolver with him? Uh she didn’t say if he carried I can try and figure it out for you and we'll get back to you on that one, Copy thank you, B00 County. H&B. Your portable’s not making it si. €BGic command. Go ahead Hee does have it on. 10-4 they're going to sct up with the lights. We're going to continue to negotiate to distract while this is going on. Received. (@BBcommand as he responded to you at all? We can see you.. 105 Has he responded to you at all? Negative. I think he’s hunkered down under some leaves, Patrick stand up He’s not responding at al.uM UM UM UM UM uM UM UM UM UM 10-4 he did come back from fishing so gives you a little something else to talk bout, He’s moved a couple times but now he’s hunkered down, Patrick stand up. Alright 10- thank you. 10-5 I didn’t hear that. I said received thank you. 5. Go ahead li No rush winen you're done just give me a quick 10-2, 10-4, (@Bcommand, Go ahead. Just an FYI the uh wife’s name is di it’s up to you guys if you want to use that, Come on brother stand up. Copy to ia. BBB county ee Sorry my portable’s not to good out here umm can you send me a i/a to my location please Received (ii County if you guys need me you can reach me on either one of my cell phones. I'can hear ~25.UF UM UF UM UM UM UM UM UM UM UF UM uM UM UF UM UM UM you but you can’t hear me. No problem. BPommand status. Florence from county. He got up moved he’s moving away from our position, I'm not sure what the status is a this point. Un they're wondering if anybody's giving commands to stop in here. 10-5 a, ‘Command is asking if anyone is giving him commands to stop? Negative, Alsight tell @lgpto tell him fo stop. 104 Warrants from county. County to @8. County @bfor Cony are we trying to give command? (GB just got a hit request and we'll need pickup out of Lakewood, Patrick He started moving during the commands. 10-4 can you uh can you give him a call back see if they're able to transfer we got our guys tied up on that job down in Little Ege -26-UM 7. seegegegegs s Ed g ia Alright, alright can you take aspirin? No I don’t pills. Okay do you take nitro at all? Idon’t think anything. You don’t anything? Do you have aspirin in thé house that you can take? T got um ibuprofen No not the ibuprofen regular aspirins. Do yéu have tegular espirin>? No sir, Alright, alright T want you to sit down or lie down whatever's more comfortable for you. Richard? Richard? Richard talk to me. P'mhere, Okay are sitting down or lying down? Uh. Richard? Richard? Richard? Richard you there? Yes. ‘What is that? Is that a car alarm are you outside? Yeah I grabbed my car alarm, Alright I want you to stay inside sir. Richard. Yes sir -21-uM UM. uM UM gg 77 g uM UM UM UM Altight you're in your car? Yes I lent them my truck. (Okay I want you to stay-there, don't miove, Alright I. want you to stay calm okay, Yes sir. Alright are you working the circuits tight around you? If itis 1 want you to unbutton your shirt. No sir I'm not wearing anything like Okay. 1 just I don’t feel good, Alright we have help dispatched okay: Yes si, Okay they're going to be there as fast as they can alright they've been dispatched. Okay sir? T'm nét ready to die. No sir Pll stay on the line with you okay just hang on. Richard? Yes. Okay you need to just relax take slow steady breaths okay. Alright are you sitting inthe iruck or are you outside the truck? T’mife ready to go outside cause I don’t feel good. No want you to stay exactly whére-you’re at alright I doi’t want you to move around okay? Yes sir -28-g g g uM UM UM UM UM Okay and just stay with me, Alright like I said slow steady breaths, Alright is the pain getting worse? Uh. Richard? Richard? Richard? Richard? Richard can you hear me? Yes sir. Alright is the pain getting worse? Can you talk to me? I'm trying to catch ny breath. Alright are you sitting down? Yes sir. Okay I want you to just take slow steady breaths. You got to, you got calm down okay. Are you still with me Richard? Yes sir. Okay. You just slow your breathing dovin just relax alright we have help dispatched, Iknow. I live, I'm home, homeless. “I don’t need all these paramedics and everybody coming here with’sirens and Alright just, alright Richard just relax alright getting all upset isn’t going to help alright? ‘You just need to calm down, Please don’t let no siren, siren, ‘Alright sir we'll, we'll tel them okay, But you just need to calm down okay? Now is the pain, is the pain ia 29.uM uM UM UM UM UM UM UM UM UM UM UM zg Richard is the pain going down your dim at all? Yeah on the right side i/e It's going down the right side of your arm? Im having a stroke, Okay, Do you have any. pain going down the left arm? No sir. It’s all in your right side? Yes, Okay. I’m just I gotta put my phone down, Just Richard stay on the lie. Richard? Richard? ~ Albight stay on the line with me alright? Ok Okay how's your breathing? Are you still having problems catching your breath? Yeah, Yeah? Okay and like I said slow deep breaths Richard. | breathing by the grace of god. ‘Okay just slow deep breaths alright just slow your breathing down. Okay the officers is here. ‘The officers are there? -30-UM uM g UM ‘Yes sir. Okay I'm going to disconnect with you then, No the ambulance just drove by. They drove by? Yeah they ia Where are you? “Are you in the driveway? Richard ate you in front of &§PRoss? Toan't, You can’t? Richard iia Richard, Richard listen to me are you in front of M9 Ross? ‘Yes in my tuck, Okay. ‘The ambulance just drove by, Alright hang on I’m going to connect back into Jackson alright stay on the line, Tean’t walk Okey. For police emergencies press zero, Richard hang on the line, Jackson Police dispatch 926, Hey Jackson it’s county. Uh the call on Ross. -31-UM ge uM UM g UF UM UM UM uM Yeah, Um the caller just stated he's in the driveway in his truck that the ambulance drove by the house, ‘The ambulance is on location but ‘They're coming back, Okay. ‘They're coming back. Okay Jackson. Alright Richard, T'm gonna drop. Alright Richard stay right where you're at okay. Are they, there yet? ‘Yes they're here, Okay. Alright I'm going to discomect with you then, ite T'im going to disconnect you Richard alright? Received, 104 Ise stil on the move? 1 don’t know Do you have tactical with you still? ‘Yeah but they're out in front of us doing some stuff I"m not going to enter up at this minute. 32-UM uM UM UF UM UF UF UM UF UM UF UM UM UM UM UP UM No I don’t want you to I just want to make sure you have somebody next to you in cast we: iced you to move to a different location, We're secure, Received thank you, Bir couny, Alsight I just spoke to Lakewood they said per their supervisor they're unable to transport if there’s no local charges. - 10-4 stand by, 10-4, County @e Let fireside know that I was trying to call 1700 on uh fire zone 1 via portable it’s not working T'll just give them A 10-2. Received. @ command. Go ahead. 10-4, Affirm, County a County ‘Who do we have in from K-97 -33-UM uM UM uM UM UM uM uM UM UM UF UM uM UF UM UM EB ns Outstanding what time are you gentlemen on till? (@Ws on till 11 the other two are on till midnight. Un stand by @. Tthink they have eyes on him, Stand by Qi Received 10-4. Shots fired, Shots fired GH Alright you get cover. ‘We’te behind the tree we're good. We're real ‘200d, 10-4 be careful, County (3. a Could you start CIU down here we got shots fired ub [°ll fill you in as it comes in, (BBS C51 from county, Go CSI. Respond down to Little Bgg. ‘They're there for a SWAT call. ‘They have reports of shots fired. 10-4 CTU address is Cedar Brook. . ~34-uM UM UM uM UM uM UM UM UM UM UM UM UM UM UM ul UM am aay Go ahead. ‘Lt. Can you give me a call my cell? ‘Stand by. It's the @Pnumber if you don’t have it I'll give it to you, ‘Yeah stand by 1 county uh just make entry for the CAD all officers on scene are okay Copy that @WBe0 ahcad give me your number. ca ae. (GB command. Go ahead, ‘You guys going to head back this way? 105. Heading back this way? Negative we were told to post up in one spot. Alright 10-4 I'l Jet uh tactical tell you stand by. (BBs per uh tactical you can start heading out now copy we're on our way, Alright received. -35-UM UM. UM UM uM UM UM UM UM UM UM UM UM UM uM UF UM UF UM UF When you get a free minute Bive me a 10-2, 10-4. I’m having phone: difficulty out here. Me too. Tl ub try and text you no rash, ew ila You guys are. good nothing, Yeah that’s I figured. Okay uh I’m going to head north om Stand by (aap. 10-4, (GBR ! seat him the same message, 10-4 I got it thanks aa Sp Mobile command is in the radio room, t you got? ia 10-7 have a good night. Have a good night.UM UM UF UM UM UF UM UF UM UF UM UM UM County 8 for SB ne Myself and @iii@ere clearin Received QI 10-4, BB county. CBB county, a 10, 10, 10-8. 10-4, Cap. County da om ‘You mark me en route to the uh incident in uh Little Egg please. 104, a Just give me the address one more. please, @Cedar Brook Lane. 10-4 BB county. & ‘Show inyself and @ vehicle 4BiBstarting mileage 117810 heading to Lakewood PD, 31-UF 10-4, dit UM County ea, UF gy UM You can just show all units 10-10 for the detail, UF Received UP County @. UF a UP Show me 108 down to Lite Bag fer the cll out can you give me the Command post location please, UF @it’s going to be @BCedar Brook Lane, UF 10-4, ai. UM County @ county gy Ur @ UM T’ll be 10-7 have a good night. UF Have a good night. @igcounty. UM go ahead UP My partner changed it before and it looks good ty uh closing the window out and then going back into the whole thing, ‘UM It’s working now I appreciate it, UF You're welcome, UM @iBounty you can show us 10.9 Lakewood PD, 38UF 10-4, aaa END, 39-Aueney P. Little Egg Harbor Police {ALL FOR SERVICE Tetvity 00043 Disturbance, CATION sty Little Bgg Harbor Twp a more Dr {ot caty toute Fire on Ms Zone GBR Beat oa0 epehr 00000325 Davis, M Disp fy 00000325 _Davis, MDisp {NAL DISPOSITION/ACTIVITIES >ispa setvty teporte PERSON Saifix 01 Sox M Height 600 Address ‘Address Chott Street(Dir Other ‘venrcre, Sallie Year Deseription Steeet/Dir Other VIN Wamspat Unit Patient Reason Blotter poss 1081 Name Race w Pinte Color ites Arrests DOB Priotty 2 Rept How Fennell, Patricie M 3/03/59 220 ‘Weight @sycamore Drive State Start Wife thinks she heard gunshots Gono the basement husband has been drinking oe DateTime 62036 18:58:33 62016 18:59:05 'neRo16 19:01:17 162016 19:03:29 ‘n6n016 19.03.46 62016 19:03:57 N6NO16 19:08:16 Offeer 18 ‘sembeaR Yadev'o, HL D'sp se Yodevia, [I Disp sammy Davis, M Disp et Davis, M Disp (mM Yoccvia, H Disp aaa Vsevio, H Disp seme Ds, Disp Incident # 160000010520 case Lnmediaie-2 Min Max Conan Place COMPLAINANT Fenne!l, ADDRESS @syesmore Dr City Little Egg Harbor Twp Zip 08087 Te state NE 2oanasa sui 3 Dispo nen 18:52 3pm-Mpa BEDI Type ey ‘Telephone Telephone ‘MakeiMtodet ‘Occupants Sut ‘Tot Sex End ‘Type Care Log Baty OCSD advised to put rig on standby subject Patrick Fennell has .22 repstered to him, is retied NYPD as per — me? confirmed gunshots, only wale let inside per Mall these numbers to see if Patrick Feooell answers 298.2454 7098457 HD requesting MBB 0 espond fo scene ay 108 per $lenay have left brough back door, wil be looking162016 misnoi6 merni6 merat6 62016 62016 msnais m6r2016 "i6 2016 manors menois menars ‘m6R016 menos i606 anernis mer2016 MiN016 T6I2016 162016 mnen018 62016 1672016 1 1672016 menos menais mir2016 m6?R2016 mien016 msno16 M6016 monR2016 aner0v6 men016 2 men016 762016 mi6n2016 minors 162016 menos mesr016 mi6n2016 menos m6r2016 m6r2016 62016 ‘nierois m6n2016 612016 Linle Egg Harbor Police ‘Yadevia, H Disp Yadevia, H Disp Yadevis, H Disp Yadevia, H Disp Yadevio, H Disp Yadevia, H Disp Yodevia, FIDisp Yadevia, H Disp Yadevia, H Disp Yadevie, H Disp Yadevia, H Disp vadevia, H Disp Incident # 160000010520 Coen per ED sees subject in back through woods per @ in the woods with a revolver units are walking through the woods with handguns i hac prev entry SAR... Nir. Fennel! is the subject inthe woods with 2 olver PRBoN scene RABWsiaging on cedarbrook in marked wn all units x woods.. per MBDhe is siting on ground fecing thems wigun in BHD hit county and neqotiating vnit _swat and negotiators notified and will make contact wi sin the office widispatch notified RMBBY sil siting in the woods with gum in Band and eying to tlk wit hi MMB has been advised ‘esd verifpmg we need swat and negotiating eats ee @BBLon scene, in woods with other units subjeot moving back into woods beading towrad Cedarbrook still pushing out 4208 pushing towards Cedarbrook ee ED siting agpin {® ss subject is not holding gun to shoot Peeeeing with BD ill bo taking al calls nd rlaying to a cathe move towards Cedatbrook MBB req Boro put out nixel for Cedarbrook area to stay in aud lock doors @M® caroute to Harbourtown/Sycamore area ta req Phand MF heading (oP Cedarbrook to notify residents Statond K-0/Swat 10-9 heading towards Sycamore $end WD inthe area ‘sd verifying staging area @nys subject bas pane prone and has escovtinved contact. KB basa team and going in fom another angle “BElBrseading guys infor containment 1 MR team coming in towards eh per WERE spent rounds and maltiple lve rounds in ares around b sper MBM team moving in {@6--v0! coutact with subject in he last half hou, approx 2 mis ago subject ‘vas clling around on ground ‘sae entering woods with two other officers in the arca of QB per WEP units shining flashlights nying to rouse Mr Feanell BEB ou: on FESycain ABP on Sycamore req ates of staging, let him know command post moving s per SRP BW subject is up again, between Mand W subjects 8 yoards fom Mh subject stil prone n ground CCH pronted RB scansing wits hermals.they are backed out this poi BP taping a TollybrookiCaedarbrook *Cedarbrook {BB requesting rig to siage at PD headquarters command erin front of §PCedarbrookAgency? 1162016 21:37:07 362016 24:57:11 62016 22:29:57 T6ROI6 22:37:49 11672016 22:43:04 m6RO16 72:44:11 162016 22:44:45, MI6I2016 22:45:00 WiGI2016 22:46:43 TGROVG 22:47:05, TI6P2016 22:49:40 76/2016 22:50:28 ‘TimeChanged MNGIQO16 18:52:58 T/Y6I2016 18:53:00 WNGI2016 183335 116.2016 18:54:00 IA6I2016 18:54:08, 762016 18:54:10 TNGROG 18:59:02 W16I2016 18:59:53 7162016 19:04:27 T6206 19:04:29 T6ROI6 19:06:53 MY62016 19:07:01 162016 19:46:35 ‘NSI2016 19:46:37 62016 19:54:35 WAGROI6 19:54:36 THN6M2016 19:54:40 ING2016 19:54:48 W6I2016 19:86:22 GONG 19:56:31 6/2016 20:12:39 TnGI2016 20:12:42 T6216 20:12:45 ING2O16 20:12:48 16/2016 20:12:50, 1612016 20:12:53 TIG2016 20:28:16 TN6AM6 20:28:19 T6216 20:41:40 MY6I2016 20:41:45 T6206 20:57:56 ‘TA6ROV6 20:38:01 HN672036 21:23:44 IN6I2016 21:23:50 Little Ee Harbor Police Yadevia, 1 Disp Davis, M Disp Davis, M Disp Yadevie, H Disp Yadevia, K Disp Yadevia, 1 Disp Yadevie, H Disp Yadevie, 3 Disp Davis, M Disp Yadevia, H Disp Yadevia, H Disp Davis, M Disp Dispatcher ‘00000325 ‘00000325 00000325, ‘09000325 ‘90000325 ‘00000325 00000325, 60000325, ‘00000318 0000318 ‘ano00325, (00000325, 100000318, 00000318, ‘00000318 (00000318 (00000318, (00000318, (00000318 00900318 ‘09900318 ‘00000318, (00000338 ‘90000318, 0000318, 0000318 ‘90000318, ‘9000038, (00000318 (00000318, (00000318, 00000338, (00000318 00000318 rf ney Incident # 160000010520 Ces DSR onscene per QB command post is at @ Cedarbrook Subjet sup nnd moving towards QB cog of the woodine tacking with KS ts fred WD rol eve sospet shot tig responding oun 10"9 WP ealng for bird he common center @® jeading to COmmunity Center for LZ SBOE 0 Comma Center sition 72 and wenec enroute ‘oily Status Otficert otis Onteer3 2 Enroute 2 Enroute 2 Enroute saat. 3Scco0 3 Scene 3 Seane 2 Exroute 3 Scone 2 Enroute 3 Scene 2 Enroute 3 Seene 1 Avail 1 Assi 2Bwoure 2 Bnroute 3 Scene 3 Scene 2 Eiwoute 3 Scene 2 Enroute 3 Scene07/16/2016 22:50 Little Egg Harbor twp. Police Department Print for togentry Call For Service Ageney(P) Incident Nr (160000010520) © Logrine ofcetD Logentry 1D 1 2016-07-16 22:49:40 emma BO 109 to Community center ¢o23218 2 2016-07-16 22:47:05 RMR MBH Joading to community Center for 4023217 O16-07-16 22:26:03 ea @ calling for bird at the community center 4023216 4 2016-07-16 22:45:00 rig respondeing fzom 10*3 1023215 5 2016-07-16 22:44:45 suspect shot 4023214 6 2026-07-16 22:44 MBB rol) the rig 4023213 7 2016-07-16 22:43:08 a 9 shots fired 4023212 2016-07-16 22:37:49 cracking with K9 4023211 2016-07-16 22:29:57 Subject is up and moving towards @BP, edge of the woodline..., 4023210 10 2016-07-36 21:57:11 aac per QP command post is at WCedarbrook 4023207 | 11 2036-07-16 21:37:07 RF OCSO ME eamenEEN onscene Hitt 023205 12 2016-07-16 21:36:25 AMS conmand ctr in front of M) Cedarbrook 4023208 15 2016-07-26 21:35:02 eg WMP requesting rig to stage at PD headquarters 1023202 14 2016-07-16 21:33:16 MMMM *Codarbrook 4023201 15 2016-07-16.21:32:10 SMH AED staging at Hollybrook/cdedazbrook 4023200 16 2016-07-16 22:26:14 ARS BD, scanning with thermals..they are blacked out at this point 4923199 V7 2016-07-26 21:11:52 cit prontet 4023196 18 2016-07-16 20:52:58 subject still prone n ground 1023193 19° 2016-07-16 20:52:53 subject is 50 yaard 20 2016-07-16 20:52:46 HW sovject is up again, between @ and @ 4023191 21 2016-07-26 20:49 command post moving as per Sai 4022190 22 2010-07-16 20:44:15 RR > on syconore req azea of staging, let him know Cedazbrook 4023109 23° 2026-07-16 20:42:33 RGB EB ont on @ sycamore 4023188 2016-07-16 20:28:28 ERR per BP units shining flashlights trying to rouse Mr. Fennel? 4023108 25 2016-07-16 20:71:37 BRS | WM entering woods with two other officers in the area of @™ 4023183 25 2016-07-16 20:26:57 SRS @ .. not contact with subject in the last half hour, approx 2 mins ago subject was rolling around on ground lthEgg Harbor Twp. Police Department Service Agency(P) Incident Ne (160000020! 07/16/2016 22:50 Tated Print for LogBntry Call F 023192 [ 2? 2016-07-16 20:10:27 mate as per ade team moving in 4023101 | 28 2016-07-16 20:11:00 gam as per SMP spent rounds and multiple live xounds in area around bench 4023170 29 2016-07-16 20:09:49 ARMM as por SWB toam coming in towards ella 4023176 30 2016-07-16 20:05:13 AMM EB sending guys in for 4023175 4:09 cc 31 2016-07-16 21 @ says subject has gone prone and has discontinued contact. .\é@l has a team and going in from another angle 4023174 32 2016-07-16 20:03:08 AMMAN ocsd verifying staging area 4023173 39 2016-07-16 20:00:15 MRM Wend GWM in che area 023172 34 2016-07-26 19:57:26 aaa Stafford K-9/Swat WH heading towards Sycamore 4023171 35 2016-07-16 19:56:03 ai | @ req @ and MM heading touMB Cedarbcook to notity residents 4023170 36 2016-07-16 19:55:06 amas MP enroute to Harbourtown/Sycamore area 4023169 37 2016-07-16 19:52:54 00000325 Mitty eq MELO put. out nixel For Cadarbrook area to stay in and lock doors 4023167 38 2016-07-16 19:48:00 “EMMI on the move towards Codarbrook | 4023165 39. 2016-07-16 19:47:27 Saaaom EP WI be taking all calls and relaying co iw 4023168 40° 2016-07-16 19:44:29 2 Wstaging with Mam 402: | 41 2016-07-16 19:41:54 < itis ettiear une force agatnst more tan two subject Ins inldant,aach adsitonal USE OF FORCE REPORTS:CAUSE OF DEATH: MANNER OF DEATH: State of New Jersey Orrice of THE Attorney General, ‘Department oF LAw an Punic Sarety Dissiow or Crna Justice Orrice oF THE Stare Mepicat Examiver ‘SourneRN REGIONAL Mepicat Exawver OFrice Woontine Deviuruira Covrak 178 DeHMSCH AVFWLE ‘Wooonmi Ny 09270240 “peutic (UO 6615335.» FAN 69) SSG Chastones S. Poarino, Alarms Gane Eu Hons Director Concert Revexcons, Assan Sie Mel Exes AUTOPSY REPORT Case #: 22-16-0002 NAME: FENNELL, PATRICK DATE OF DEATH: 07-16-2018 DATE OF AUTOPSY: 07-18-2016 ANATOMIC DIAGNOSES MULTIPLE GUNSHOT WOUNDS OF TORSO HOMICIDE (SHOT BY OTHER(S) orden Engr: nd ce pra eaeaye < FINAL PATHOLOGIC DIAGNOSES: 1 vi Vi Perforating gunshot wounds of torso, multiple ‘A. Perforations of pericardium and defects of right ventricle (2), up to 3 inches i. Right hemothorax (590 co) Pulpefaction of right lobe of liver with partial avulsion of galibladder Defects of stomach (2), up to 4 inches Perforation of spleen Multiple perforations of mesentery, jejunum, and transverse colon Multiple fragment strikes of capsule of right kidney Laceration of left kidney, 4 inches Pallor of kidneys, marked Soft tissue damage of left hip and thigh -zenmoon Perforating gunshot wound(s) of right arm, with ‘A. Lacerations of right arm B. — Gomminuted fracture of right humerus C. Fracture of proximal right radius Blunt impact injuries of torso, with abrasions of abdomen Blunt impact injuries of extremities and forehead, with abrasions up to 3 inches Hypertensive and atherosclerotic cardiovascular disease A. Cardiac hypertrophy (580 grams) B. _Arterionephrosclerosis, slight €. Aortic atherosclerosis, slight Status post left pneumonectomy (01-22-2016) Toxicology A. Blood (femoral) i Ethanol ~ 0.111% B. Urine i Ethanol ~ 0.118% C. Vitreous electrolytes i. Creatinine ~ 0.80 mg/dL ji, Sodium ~ 133 mmol/l. ji, Potassium ~ 16 mmol. iv, Chloride ~ 122 mmol. v. Urea Nitrogen ~ 26 mmol/l. vi. Glucose ~ none detectedPage 3 Vill. Slight putrefactive changes - D Marianne Hamel, M0., Ph.D. Designated Medical Examiner This case was completed as to the cause and manner of death based on the initial circumstances and the available information at the time. Should additional relevant, information become available, the matter will be re-evaluated as needed. MH/mh Distributior State Medical ExaminerPage 4 CERTIFICATION OF AUTOPSY PROCEDURE: hereby certify that f, Marianne Hamel, M.D., Ph.D., Designated Medical Examiner, Southern Regional Office, have performed an autopsy on the identified, refrigerated, and unembaimed body of Patrick Fennell, case number 22-16-0002, on July 18, 2016 at Shore Medical Center in Somers Point, New Jersey. The examination started at 0830 hours and was completed at 1200 hours. This autopsy was performed with the assistance of Forensic Technicians Colleen Greco and Bobbi- Jean Brooks and in the presence of detective Megan Flanagan, Division of Criminal ‘Justice; detective sergeant Eric Crain, New Jersey State Police; and detective Michael Hughes, New Jersey State Police. IDENTIFICATION: ‘The body is received in a black body bag sealed with a yellow plastic tag marked "RMEO 0014273". There is a manila-colored identification tag tied around the zipper of the body bag bearing the words "Case #22-16-0002; Date: 7-17-2016, Name: Patrick Fennell: Removed from: 59 Cedar Brook Lane, Littie Egg Harbor, Removed by: Rest in Peace Transport; Personal effects: no; Seal #14273) The decedent was visually identified prior to the post-mortem examination by patrolman Brian Smith, ‘There is an orange plastic identification band around the right wrist marked "22-16- 0002" The decedent is fingerprinted during the post-mortem examination. At the conclusion of the autopsy the body bag is resealed with a blue plastic tag marked “ULINE 2201372" POST-MORTEM CHANGES: The body is in full rigor mortis and there is non-blanching pink tivor of the posterior aspeots of the torso and extremities. G Decompositional changes, including focal green discoloration that surrounds some of the defects of the torso, limit the examination. There are small white insect eggs in the nose and mouth. On intemal examination, the organs are softened and, in some cases, partially liquefied. INJURIES: There are multiple perforating gunshot wounds of the torso. There are perforating gunshot wound of the left hip and the right arm. The directions are stated with reference to the standard anatomical planes with the body measured in the horizontal position, Multiple intersecting wound tracks prevent accurate characterization of individual wound tracks. Due to the nature of the wounds,Page § entrance and exit wounds cannot be distinguished from one another in most cases and therefore, directionality cannot be determined. There are blunt impact injuries of the torso, extremities, and head. the torso: Perforating gunshot wound Entrance and exit wounds: There is a defect of the upper right chest located 18.25 inches from the top of the head and 5.25 inches to the right of the midline. The defect is 0.25 x 0.25 inch in greatest dimensions, There is no abrasion collar, soot, stippling, oF contusion surrounding the wound ‘There is a defect of the upper right chest located 18 inches from the top of the head and 6.5 inches to the right of the midline, The wound is irregular and stellate with @ central defect measuring 1.75 x 1.75 inches in greatest dimensions. There are multiple lacerations radiating in a perpendicular fashion from the margin of the central defect that each measure up to 1 x 0.5 inch in greatest dimensions. There is no abrasion collar, soot, stippling, or contusion surrounding the wound There are three defects of the right mid-chest that are surrounded by muttiple punctate and linear abrasions that each measure up to 0.5 inch in greatest dimension. The first defect is located 21.25 inches from the top of the head and 5.5, inches to the right of the midline. The defect is oval and measures 1.5 x 0.6 inches There is no abrasion collar, scot, stippling, or contusion surrounding the wound. The second defect is located 22 inches from the top of the head and 4.75 inches to the fight of the midline. The defect measures 0.5 x 0.25 Inch, and there is no abrasion tollar, soot, stippling, or contusion surrounding the wound. The third defect is located 22 inches from the top of the head and 5.25 inches to the right of the midline. The defect is round and measures 3/8 inch in diameter. There is no abrasion collar, soot, stippling, or contusion surrounding the wound. ‘There is a defect of the upper right abdomen located 24.5 inches from the top of the head and 3.5 inches to the tight of the midline, The defect measures 0.75 x 0.5 inch in greatest dimension and there are abrasions radiating from the wound margin from the-1 o'clock to the 7 o'clock positions; each abrasion measures up to 0.26 inch in greatest dimension and together form a wedge-shaped configuration that measures 4.25 inches in greatest dimension. There is no soot, stippling, or contusion surrounding the wound. ‘There is a defect of the abdomen at the midline located 32,75 inches from the top of the head. The defect is teardrop-shaped, radiates rightward from the midline, and measures 2.5 x1 inches in greatest dimensions. There is no abrasion collar, soot stippling, or cantusion surrounding the wound There are two defects of the lower left abdomen surrounded by an irregular abrasion that measures 4 x 2 inches in greatest dimensions. The first defect is located 36.5