Prosecutor drops motion to block records release in Sayreville councilwoman’s killing
NEW BRUNSWICK – The Middlesex County Prosecutor's Office has dropped its request for a court injunction to block MyCentralJersey.com, USA Today Network New Jersey and other news organizations from seeking the release of investigative records in the killing of Sayreville Councilwoman Eunice Dwumfour last week.
On Wednesday, the Prosecutor's Office wrote in a letter to C.J. Griffin, the lawyer representing MyCentralJersey.com and USA Today Network New Jersey in the case, that withdrawal of its motion for an injunction is "a practical and alternative recommendation, which is in the interest of justice."
Griffin was preparing to file a motion against the Prosecutor’s Office’s request, saying in a letter it was "frivolous litigation."
Though the Prosecutor's Office refuted the claim its motion was frivolous, it said it would be responding to records requests within time limits in the Open Public Records Act (ORPA) law.
Tuesday’s request for an injunction by the Prosecutor's Office came on the same day it sent an email to news organizations stating there were no updates on the case and no press conference will be held.
"Because the investigation is still active and ongoing we are declining to comment on all matters at this time," the email stated.
However, the Prosecutor's Office stated news organizations could submit an OPRA form.
MyCentralJersey.com has submitted an OPRA request for all police reports related to the killing, all related police body camera footage, audio of the 911 calls, all incident reports and the autopsy results.
In the week since the killing, the Prosecutor’s Office, the lead agency investigating the case, has only put out two statements — on Friday and Tuesday — both saying there would be no statements or press conferences about the killing.
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In its dropped motion, the Prosecutor's Office argued that "clearly defined and serious injury would result given the privacy interest of the victim and the victim's family" if the records were released.
“That interest clearly outweighs the presumption in favor of disclosure given the nature of the offense, specifically in light of the fact that a public figure was murdered on a public street," the Prosecutor's Office contended.
Disclosure of the records would also, according to the Prosecutor's Office, jeopardize the "ability to secure a just conviction."
"Allowing public access to sensitive investigative records at this stage would cause serious injury to law enforcement in that its ability to investigate, identify and arrest potential suspects would be severely hampered if such potential suspects had access to law enforcement records presently in the (Prosecutor's Office's) control," the dropped motion argued.
In addition to MyCentralJersey.com and USA Today Network New Jersey, news organizations that have filed OPRA requests include the Associated Press, NJ Advance Media, WABC-TV, WCBS-TV, News 12 New Jersey and World Magazine.
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Dwumfour, 30, was found dead in her vehicle with several gunshot wounds by Sayreville police officers who went to Samuel Circle off Ernston Road in the Parlin section after receiving a 911 call at 7:22 p.m. Feb. 1 of gunshots fired, according to Middlesex County Prosecutor Yolanda Ciccone.
The location was near her home on Pointe of Woods Drive in the Camelot at La Mer community near the Garden State Parkway.
Numerous residents who lived in Dwumfour’s complex reported hearing the barrage of shots and an ensuing car crash.
A neighbor who believes he saw the shooter asked not to be identified. He said he was laying in bed around 7:20 p.m Wednesday, watching TV. His window, he said, was about 20 feet from where the shooting took place.
“I heard it clear as day. Pop-pop-pop-pop, then a brief pause, and then (the shooter) finished off whatever he had in the clip,” he recalled.
"I hopped up out of my bed and ran out on my balcony to see what was going on. As I was running out, I had a straight view from here. Immediately when I came out, I saw (the assailant) scaling that brick wall right there.”
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The neighbor repeatedly referred to the shooter as a “he,” but said he only saw him from the back. He said the assailant wore a hoodie and jeans.
“His back was turned,” the neighbor said. “He was going over the fence, he ran through the alleyway and over the wall. As soon as he went over the fence I heard the car crash at the bottom of the hill. So I turned (right) and looked that way. It kind of registered in my head … somebody got shot.
“By the time I looked back (the assailant) was nowhere to seen. As I stepped onto the balcony he was just going over that white fence. I could see right through [the alley]. The only thing that helped me is there was a street light right there. So I just caught him going over the fence. Then I heard the car crash.”
After the shooting, Dwumfour’s car rolled down the hill, ultimately crashing into a Mercedes-Benz parked at the end of the street. After 7 p.m., the neighbor explained, the amount of parking available is limited as residents have returned from work.
Sayreville is planning a memorial service in honor of Dwumfour for the Sayreville community at 6 p.m. Wednesday at Epic Church international, 2707 Main St. Extension, Sayreville, according to the borough. The event is open to the community.
Email: mdeak@mycentraljersey.com
Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account.
This article originally appeared on MyCentralJersey.com: Sayreville councilwoman killing: Prosecutor to release public records
