Monday, October 19, 2009

Morris County Prosecutor Robert A. Bianchi, Esq., Chief William Schievella and Randolph Township Police Chief Robert Mason announce the admission of two members of the Randolph Township Police Department into the Pre-trial Intervention Program today.
On the evening of August 21, 2009 at approximately 11:53 p.m., Officer Shawn Boyhan of the Randolph Township Police Department conducted a motor vehicle stop for a traffic violation on a black, 1995 Chevrolet automobile on South Salem Street in Randolph, New Jersey. During that stop, the officer believed that the operator of the vehicle was under the influence of alcohol. He was arrested for driving while under the influence after the driver failed field sobriety tests. While en route back to the Randolph Township Police Department for processing, Officer Boyhan realized that the individual he had arrested was related to another officer of the Randolph Township Police Department. Officer Boyhan contacted Officer Steven Kepler, who was a senior officer and acting shift supervisor. Officer Boyhan advised Officer Kepler of the situation and as a result of this interaction, and after returning to the Randolph Township Police Department, the DWI suspect was released from custody without processing and without the filing of any charges, based solely upon the fact that he was related to an officer. In addition, no police reports were completed concerning the incident. However, Officer Boyhan had already impounded the vehicle that was being operated by the DWI suspect and the vehicle was being maintained at a towing company located in Dover, New Jersey. After the release of the arrested party, Officers Boyhan and Kepler had a conversation with the desk officer concerning the computer entry involving this incident and arrest. After considerable pressure was placed upon the computer operator, the computer system was manipulated and altered so it did not reflect the initial driving under the influence arrest. Thereafter, officers who were concerned about what had occurred advised the command staff of the Randolph Township Police Department who, realizing that a crime may have been committed, contacted the Morris County Prosecutor's Office. Morris County Prosecutor Robert A. Bianchi, Esq. stated, "Police officers are not at liberty to "unarrest" individuals simply based upon who that defendant knows or is related to. They have an obligation to continue with the arrest and treat the offender as they would any other citizen. They also know that altering and manipulating official records to cover up any fact, is wrong and constitutes a violation of law, as well as, ethical police practices. While we do not believe that a term of imprisonment is appropriate here, we do believe that the officers' actions must have significant consequences. As a result, Officers Boyhan and Kepler will be admitted into the Pre-trial Intervention Program. They will be required to perform community service in excess of other defendants admitted into PTI. Most significantly, they will also lose their jobs and no longer be privileged to further serve the Randolph Township Police Department. These officers' credibility will forever be called into question with every case that they handle as a result of what occurred here. Under our discovery laws, it is very possible that defense attorneys would be entitled to information of this incident and learn of the fact that these officers manipulated official records. This would compromise every case these officers would handle in the future, if they were allowed to continue serving as police officers. While it is regrettable that a singular action could cause these officers to lose their job(s), it is nevertheless a reality that their effectiveness as officers who are truthful and file accurate reports, is now obliterated by their actions in this case, making their continued employment impossible. I commend Chief Robert Mason of the Randolph Township Police Department who immediately brought this matter to the attention of our Professional Standards Unit. A joint investigation was initiated and their internal affairs officer was a great assistance to my office. I continue to have the utmost confidence in the Randolph Township Police Department. This unfortunate incident is limited to those involved and is by no means a reflection of the entire Randolph Township Police Department. Chief Mason and his Internal Affairs staff have been involved in every aspect of this investigation. He and his Internal Affairs staff have professionally and admirably represented the otherwise fine officers of the Randolph Township Police Department."