Spring Lake Heights official resigns — then unresigns — after arrest in Neptune City

SPRING LAKE HEIGHTS - A borough councilman was arrested and charged with having a hypodermic needle in his car, setting off a confusing chain of events in which he resigned from office but then changed his mind.

Councilman Robert Merriken faces up to six months in jail on charges that he possessed drug paraphernalia and, specifically, possessed or intended to sell a hypodermic syringe for use with a controlled dangerous substance after being stopped at 1:42 p.m. Wednesday by Neptune City police.

Merriken insists the drug paraphernalia does not belong to him.

Merriken, 68, on Thursday afternoon, called the charges “ridiculous," stating he was driving 39-year-old Cherice M. Hernandez — who Merriken described as a friend of his son, who died in 2013 — to her boss's home.

The Neptune City police officers at first went “heavy duty with” Hernandez, Merriken said.

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"Of course, I have nothing. I’m not a drug addict. They were fine with me,” Merriken said. "All of a sudden, I’m not sure why, their attitude changed. They said they found a hypodermic needle in my trunk, which is absolutely a lie. I don’t do drugs. Never have. It’s really ridiculous. It’s a terrible thing."

Hernandez was cited with the same drug paraphernalia charges, in addition to obstructing a government function, according to court records. She is being held at the Monmouth County Jail on outstanding warrants, Neptune City police said. She could not be reached for comment.

She had been charged with 11 crimes or disorderly persons offenses before the April 4 arrest, including another syringe possession charge that she's scheduled to answer in court later this month, according to municipal court records.

In 2017, she spent four months in the county jail after she was convicted of heroin possession.

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Merriken's continued role as a borough councilman in Spring Lake Heights is unclear. His term expires at the end of the year but borough Administrator John Barrett said Merriken had offered an "oral resignation" over the phone Thursday afternoon and was instructed to "back it up in writing."

Merriken told the Press of his intentions to resign and shortly after, the borough issued a statement announcing the resignation and the process to fill the vacancy.

"I’m going to resign today. I don’t want the town involved in anything like this. I’ve been a very good councilman. I've done everything I can for the town," Merriken said in an interview with the Press just after noon.

But the written resignation never arrived at town hall. A few hours later, Merriken — on the advice of his attorney, he said — called the Press and said he'd decided not to quit after all.

"He hasn't talked about it with me," Barrett said. "I accepted his resignation on behalf of the borough and asked him to please put it in writing and deliver it to the clerk. He assured me he was going to deliver it immediately."

Mayor Thomas O'Brien and Councilwoman Sara King, chairwoman of the borough Republican Party and Merriken's running mate, did not return calls seeking comment.

In addition to the drug paraphernalia charges, he also faces four traffic violations, according to Neptune City Municipal Court records:

Failure to observe traffic control device;

Failure to give proper signal - turning or stopping;

Failure to wear seat belt equipment; and

Unsafe operation of a vehicle.

The motor vehicle stop is one of more than two dozen Merriken faced in the last 23 years. According to public records in Municipal Court, Merriken has been charged with 25 different motor vehicle violations since 1995, including two additional violations during his time on the Spring Lake Heights Council. The charges he was found guilty of include:

Maintenance of lamps (four violations across Monmouth County since 2009.)

Safety glass requirement (three violations in Neptune City and Asbury Park in 2014 and 2015.)

Driving or parking unregistered motor vehicle (Mantoloking in 2006, Asbury Park in 2012.)

Obstructing passage of other vehicles (Sea Girt, April 29, 2012.)

He was also charged with careless driving and "improper letting off or taking on passengers" in Asbury Park, but both charges were dismissed by the prosecutor.

"They were all minor things, nothing more than a speeding ticket," said Merriken, when asked about his driving record.

Mike Davis; @byMikeDavis: 732-643-4223; mdavis@gannettnj.com