Man Who Died In Route 37 Police Encounter In Toms River Identified, Video Released

TOMS RIVER, NJ — The New Jersey Attorney General's Office has identified a man who died during a police encounter in April at a Route 37 gas station, along with the officers involved in the incident.

John Cassidy, 47, of Manchester, died April 19 after suffering a medical episode while police were arresting him at the Shell station at the corner of Route 37 and West End Avenue, the attorney general's office said. The incident remains under investigation, authorities said.

Also released were videos from bodyworn cameras of two of the officers in the incident, starting shortly after Cassidy was pulled over at the gas station about 1 p.m. by Island Heights Police Officer Peter Muscarella.

On the video, Muscarella can be heard telling Cassidy that he has outstanding warrants for his arrest, in addition to the registration on Cassidy's car being expired. For nearly 30 minutes Cassidy repeatedly demands Muscarella ticket him for the expired registration and let him leave

"I'm not going nowhere," Cassidy says as Muscarella tells him he has two warrants for his arrest, including one out of Lakehurst.

"I ain't got no warrants or nothing," Cassidy says. "Give me two tickets and I can leave right now."

As Muscarella continues to talk to him, Cassidy gets back in his car and starts the engine. Island Heights Officer Dominique D’Amico-Violante and Lt. Paul Rutledge arrive and Cassidy refuses to shut off the car, saying he is having a panic attack.

Cassidy continues to refuse to get out of the car or shut it off, repeating that he is having a panic attack and an asthma attack, and saying he needs to go to the bathroom.

"Just give me the tickets so I can go home," Cassidy says. "I told you we have more to talk about," Muscarella says, and Cassidy denies having an issue in Lakehurst but mentions one in Jackson, saying "that's been taken care of."

"So you know you have something," Muscarella says.

One warrant was for an unspecified court violation and Muscarella said the notes on Cassidy said he had "violent tendencies." There also was a protection order issued against him, Muscarella said.

At one point Cassidy angrily says "NO" when he's told again to get out of the car.

About 13-1/2 minutes into the encounter Cassidy races the engine and curses at the officers, then turns up the radio in his car loudly.

Muscarella repeatedly tries to speak calmly to Cassidy, trying to calm him, but Cassidy continues to insist he is getting tickets and leaving.

The Island Heights officers eventually were joined by Toms River Police Officers Anthony Pacella, Krzysztof Kowalczyk, and Sgt. Shan Ruiz, as well as Ocean County Sheriff’s Sgt. Anthony Pereira.

After 25 minutes of Cassidy refusing to get out of the car, Cassidy restarts the car and at that point the officers reach in and unlock the car door, take the keys from the ignition and remove him from the car.

Cassidy refuses to cooperate so the officers drag him out of the car, with Cassidy complaining he cannot breathe, screaming for an ambulance even as the officers tell him one is on the way.

As the officers get handcuffs on him, Cassidy stops speaking. The officers immediately grab oxygen to give to Cassidy. The longer video from Muscarella and a second, 4-minute, 26-second video from a second body camera end there.

Emergency medical personnel took over medical care of Cassidy, the attorney general's office said. He was taken to Community Medical Center in Toms River, but was pronounced dead at about 2:25 p.m., the attorney general's office said.

Cassidy was reported to be a Toms River resident by the attorney general's office, but in the video he tells Muscarella that he lives in the Pine Acres Manor neighborhood in Manchester, which has a Toms River mailing address.

The attorney general's office said Cassidy's family had the opportunity to see the videos before they were released to the public.

The investigation is continuing, the attorney general's office said, and under state law governing the death of a person in a police encounter, has to be presented to a grand jury to determine if the evidence supports the return of an indictment against the officer or officers involved.