Steph Solis

@stephmsolis

TOMS RIVER - The Lacey police officer whose speeding patrol car fatally struck a Toms River pedestrian in July while responding to a service call will not face criminal charges, the Ocean County Prosecutor's Office said Thursday.

There were no grounds for filing charges against Officer Andrew Slota in the death of 25-year-old Neil Van De Putte, the office concluded following a nearly six-month investigation. He was struck crossing Lacey Road with a friend in the early hours of July 5.

Slota was responding to a reported disturbance involving two intoxicated men "horsing around" near a fence at the Oyster Creek Power Plant at the time of the crash. He was driving his marked 2006 Ford Crown Victoria at a "high rate of speed" on the eastbound side of Lacey Road at 3:21 a.m. when his vehicle struck Van De Putte, veered off the road and crashed into a utility pole.

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Slota had a green light at the time of the crash, according to the inquiry. The car's emergency lights and siren were not activated, though the vehicle's headlights were on.

"The Office of the Ocean County Prosecutor finds that there are no grounds for filing any criminal or motor vehicle charges against Officer Andrew Slota," Prosecutor Joseph D. Coronato said in a prepared statement. "The matter will now be referred to the Lacey Township Police Department so that Chief David Paprota may conduct his own internal review of the matter for any violations of departmental policy."

The Ocean County Prosecutor's Office conducted a criminal review of the incident because it was a fatal crash involving a Lacey officer. Now that the prosecutor's office completed its investigation, it is up to the Lacey Township Police Department to decide whether to investigate any policy violations. Paprota said the department will conduct an internal investigation into whether any policies were violated.

Yvonne Yaar-Sharkey, Van De Putte's mother, said the family was disappointed by the decision. She said there should be accountability for reckless behavior. Yaar-Sharkey was told earlier that the patrol car was traveling 80 mph in a 45 mile per hour zone.

"High speed was not necessary," she said in an email. "Traveling at least 35 miles over the speed limit, that in itself seems reckless. But certainly traveling 80 miles per hour or more with no lights or siren is reckless. It's just common sense."

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Van De Putte was in his final year at Drew University. A 4.0 physics major, he hoped to continue his studies at Columbia University.

After his death, the university board granted him a posthumous degree — the first in the institution's 148-year history. His sister is expected to walk in his place at commencement this spring.

It is so difficult to lose a child," she said. "The suddenness, traumatic and violent way his life ended — it was just so unnecessary. It was preventable."

Van De Putte and his friend, Max Dolphin, were heading home from a Fourth of July party when the crash occurred. The report states that Van De Putte was intoxicated and crossed Lacey Road against a red light. It also states that Dolphin saw the police vehicle coming and decided it wasn't safe to cross the roadway.

A motorist who witnessed the accident told authorities the officer was proceeding under the green traffic signal and that Mr. Van De Putte could not be avoided.

In an earlier interview, Dolphin

said he started crossing Lacey Road just a few steps behind Van De Putte. He walked back when he saw the patrol car "speeding"; Van De Putte didn't see the patrol car until it was too late. He recalled seeing Van De Putte lunge forward to avoid the car before getting hit.

Authorities investigated forensic analysis of the crash, damage to the patrol car, the car's black boxes, surveillance footage from nearby businesses, the current traffic control devices, ambient lighting conditions and its relationship to pedestrian visibility at the time of the crash.

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The report does not state whether county authorities or Lacey police have a policy regarding whether officers are required to activate their emergency lights and sirens while responding to a call. When asked about the existence of such a policy, spokesman Al Della Fave referred a Press reporter to the Lacey Township Police Department, as every department has its own rules on such practices.

Yaar-Sharkey said she and her husband, Dennis Sharkey, are forming a task force to examine officer-involved pedestrian crashes, including policies, procedures and laws regarding the use of sirens and lights during calls. They are still recruiting legal experts and people with law enforcement backgrounds to help offer a balanced perspective.

"We are very concerned that this tragedy will happen again," she said. "We are aware that this happens much more than you would think."

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