MIDDLETOWN, NJ – A state grand jury has voted not to file criminal charges against an Atlantic Highlands police officer in connection with a fatal traffic collision that killed a Middletown man last year, New Jersey Attorney General Jennifer Davenport’s Office announced.
The grand jury returned a “no bill” after reviewing an investigation into the death of Henry Phillips Jr., 73, who died on Oct. 19, nine days after being injured in a crash involving an Atlantic Highlands Police Department patrol vehicle.
Crash occurred at Route 36 intersection
According to the Office of Public Integrity and Accountability (OPIA), the collision occurred at approximately 1 p.m. on Oct. 10, 2025.
Investigators determined Officer Timothy Funk was operating a marked Atlantic Highlands police vehicle on Orchard Avenue and had stopped at a red light at the intersection with Route 36.
Authorities said Phillips was riding an e-bike southbound in the northbound lane of Route 36 when Officer Funk made a right turn on red. The patrol vehicle and e-bike collided in the intersection.
Phillips was airlifted to Jersey Shore University Medical Center, where he later died from his injuries on Oct. 19.
Grand jury reviewed extensive evidence
The investigation was conducted by the Office of Public Integrity and Accountability under New Jersey’s Independent Prosecutor Directive, which requires the Attorney General’s Office to investigate deaths that occur during encounters with law enforcement.
According to the Attorney General’s Office, investigators presented officer and witness interviews, body-worn camera footage, third-party surveillance video, vehicle digital forensic evidence, photographs, and the medical examiner’s autopsy findings to the state grand jury.
After concluding its deliberations on July 20, the grand jury voted not to return criminal charges against Officer Funk.
The Attorney General’s Office said the investigation was conducted in accordance with state law governing independent reviews of deaths involving law enforcement.
