New Jersey Attorney General says no criminal charges will be filed following investigation into October collision
TRENTON, NJ — A state grand jury has declined to file criminal charges against an Atlantic Highlands police officer involved in a crash that left a 73-year-old e-bike rider dead, bringing the state’s criminal investigation into the October incident to a close.
The New Jersey Attorney General’s Office announced Friday that a state grand jury returned a “no bill” after reviewing the investigation into the death of Henry Phillips Jr., 73, of Middletown.
Phillips died on Oct. 19, nine days after a collision with an Atlantic Highlands Police Department patrol vehicle driven by Officer Timothy Funk.
According to the Attorney General’s Office, the crash occurred at approximately 1 p.m. on Oct. 10 at the intersection of Orchard Avenue and Route 36.
Investigators said Officer Funk was operating a marked police vehicle and had stopped at a red light before making a right turn on red. At the same time, Phillips was riding an e-bike southbound in the northbound lane of Route 36 when the two collided.
Phillips was airlifted to Jersey Shore University Medical Center in Neptune, where he died from his injuries nine days later.
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 acting in an official capacity.
According to the Attorney General’s Office, investigators reviewed officer and witness interviews, photographs, vehicle digital forensic evidence, body-worn camera footage, third-party surveillance video and the medical examiner’s autopsy findings before presenting the case to a state grand jury.
After hearing the evidence, the grand jury concluded its deliberations on July 20 and voted not to indict Officer Funk.
The Attorney General’s Office said a conflicts review found no actual or potential conflicts of interest involving investigators assigned to the case. The investigation was also reviewed by an Independent Supervisory Reviewer before it was presented to the grand jury.
Although the criminal investigation has concluded, the Office of Public Integrity and Accountability said it will determine whether the officer should be referred to the appropriate law enforcement agency for an administrative review under the Attorney General’s Internal Affairs Policy and Procedures.
Third-party surveillance footage of the collision had previously been released by the Attorney General’s Office.
Key Points
- A state grand jury voted not to file criminal charges against an Atlantic Highlands police officer in a fatal e-bike crash.
- Henry Phillips Jr., 73, died nine days after the October collision on Route 36.
- The Attorney General’s Office said the case may still be reviewed for possible administrative action.
