Tuckerton officer faces additional charges in dog attack

A Tuckerton police officer was indicted Tuesday on charges that he let his K-9 dog "Gunner" attack a 58-year-old Barnegat woman and then falsified the arrest record to cover his action.

The grand jury charged Justin M. Cherry, 32, with false swearing, tampering with public records and hindering his own apprehension, in addition to second-degree official misconduct and third-degree aggravated assault charges in the attack on Wendy Tucker on Jan. 29, according to a statement from the Ocean County Prosecutor's Office.

Cherry, a nine-year veteran at the time of the incident, earned a salary of $77,120 in 2013, according to pension records. He is currently suspended from the force without pay.

The indictment charges that he released his German Shepherd, named Gunner, and allowed the canine to attack Tucker after she had already been apprehended by two Barnegat officers. According to the indictment, Cherry then falsified records and swore out an affidavit for Tucker's arrest containing false information.

Cherry was initially arrested on charges of official misconduct and aggravated assault April 9. He was released after posting $15,000 bail.

On the day of the incident, Cherry and another Tuckerton officer were called to a private home on the allegation that Tucker was an unwelcome guest at that home. Tucker agreed to leave the residence, but police later discovered that she was driving a car even though she was on the suspended drivers list.

Tuckerton police asked Tucker to take the bus home from the residents and she agreed.

Several minutes later, though, police said they saw her driving a vehicle. Cherry tried to get her to stop, but she refused. She was later stopped by Barnegat police officers, who were alerted of the pursuit, according to authorities.

That's when the indictment charges that Cherry arrived and sicced Gunner on the woman.

The dog attack case was involved in a lawsuit filed by open government activists against the Ocean County Prosecutor's Office.

Judge Vincent J. Grasso ruled that law-enforcement must make police dash-cam videos available to citizens if requested under the Open Public Records Act.

Ocean County Prosecutor Joseph D. Coronato vowed to appeal the ruling by Superior Court Judge Vincent J. Grasso.

Tucker was initially charged with driving with a suspended license and third degree eluding. The eluding charge has been dismissed. Tucker could not be reached for comment.

If convicted, Cherry faces five to 10 years in prison for the second-degree misconduct and hindering apprehension charges. The third-degree aggravated assault and tampering with public records charges carry a weight of three to five years imprisonment. The fourth-degree swearing charge could lead to 18 months incarceration. Cherry's lawyer declined to comment on the indictment.

Steph Solis: 732-643-4043; ssolis@app.com; @stephmsolis