Prosecutor: Perth Amboy chief tried to cover up theft

PERTH AMBOY The city’s police chief, suspended without pay after being accused of stealing from taxpayers, has lost a bid to have his indictment dismissed.

Benjamin Ruiz was arrested in December after officials accused him of using public funds to buy parts for his motorcycle and using the municipal garage to repair his classic car and a car belonging to a friend.

Ruiz later was hit with further official misconduct and witness tampering charges after he allegedly tried to get a police sergeant to lie on his behalf.

Ruiz will face trial unless he reaches a plea deal with the Middlesex County Prosecutor's Office.

New details into the witness-tampering allegation — as well as the claim by authorities that Ruiz tried to cover his tracks after he was caught by cutting a personal check for the motorcycle parts — are being reported for the first time by MyCentralJersey.com.

In a motion to dismiss the grand jury indictment from February, Ruiz’s attorney, Brian Neary, argued that there was no evidence of witness tampering.

But prosecutors pointed to statements by police Sgt. Andy Montalvo, who said Ruiz texted and called him in January after he was charged with the theft.

Montalvo said Ruiz alluded to personal ramifications Ruiz suffered after testifying on Montalvo’s behalf in a previous incident. It was not clear from court records what incident he was referring to.

“Do you remember, years ago, when I had to testify on your behalf? And, there was an incident where, after I had done that, the current chief of police at the time found that to be unfavorable?” Ruiz allegedly told Montalvo.

Ruiz then asked Montalvo: “Do you remember me telling you to tow it to my mother’s house, and you took it upon yourself to have it towed to the police department … out of the kindness of your heart?”

“No, that’s not true,” Montalvo allegedly responded. Montalvo told an investigator that Ruiz had asked him to contact the municipal tow-truck operator to take his classic 1964 Ford Mustang, which had broken down during a parade, to the municipal garage for repairs.

“So, you don’t remember me telling you to take it to my mother’s house and that’s where I wanted the car to go?” Ruiz allegedly pressed.

“No, that is not what happened that night,” Montalvo reportedly said.

Middlesex County Assistant Prosecutor Christine D’Elia argued “that it is clear” Ruiz “was trying to induce Sgt. Montavlo to testify or inform falsely as to the towing of his Mustang to the city garage.”

The prosecution claims that Ruiz had the city mechanic order pipes and tips for his motorcycle, which was stored along with six other city-owned police motorcycles in the garage.

The city’s then law director, Mark Blunda, took evidence of these purchases to the Prosecutor’s Office. During the office’s investigation, the detective learned from mechanic Angel Velez that he had worked on a personal vehicle belonging to Serio Sepulveda, a friend of Ruiz. Velez admitted this only after being shown video of him working on the car, the prosecution said.

Superior Court Judge Diane Pincus, in her Sept. 8 order denying the dismissal, said evidence suggests Ruiz “abused his official position.”

“More so, the evidence supports the position that defendant made calculated use of the garage in an unauthorized manner by utilizing city funds to purchase motorcycle parts for his personal motorcycle then trying to submit a reimbursement check to the City of Perth Amboy to cover the expenses,” Pincus wrote.

If convicted of a second-degree official misconduct charge, Ruiz could face five to 10 years in prison and be barred from holding public employment in the state.

Neary could not be reached for comment Monday.

Staff Writer Sergio Bichao: 908-243-6615; sbichao@mycentraljersey.com