Edison, NJ - Officer's Charges Dropped in Attempted Patrol Car Theft Case

Edison, NJ - Assault charges filed against a township police sergeant were dropped on Thursday in Sayreville Municipal Court.



Judge Mark S. Cholowski dismissed simple-assault charges against Edison Police Sgt. Alex Glinsky citing "res judicata," meaning the issue before the court already has been decided by another court between the same parties.

"The case is over," said Glinsky's attorney, New Brunswick-based Lawrence Bitterman. "My client reacted matter-of-factly. He knew the charges filed against him were absolutely ridiculous."

The charges against Glinsky were filed in September by Kenneth Wernowski, 57, a township resident.

When reached by telephone Wernowski deferred to his attorney, Remi Spencer of Newark.

"My client and I are determining whether to file an appeal, but I expect to be doing so on Monday," Spencer said.

Wernowski, a Vietnam Veteran, contends he was walking across the Wick Plaza parking lot on Route 1 in April 2005, when "out of nowhere" Glinsky assaulted him.

Wernowski said Glinsky body-slammed him into a patrol car and then arrested him for trying to steal it.

The Edison Police Department would not release details of Wernowski's arrest, saying the case has not yet been adjudicated.

Spencer, who did not represent Wernowski at the time, said the charge against her client involving the police car was pleaded down to trespassing in Edison Municipal Court in September.

That ruling, said Bitterman, is exactly why charges against his client were dropped.

"Judge Cholowski ruled that Mr. Wernowski was foreclosed from prosecuting Glinsky in this case because he was found guilty of criminal mischief," Bitterman said. "The court necessarily had to conclude that officer Glinsky had probable cause to arrest Wernowski, therefore he had probable cause to place his hands on Wernowski, and therefore there was no assault."

Bitterman added Glinsky arrested Wernowski after finding him seated in a patrol car.

In an interview last month, Wernowski said he was at the Wick Plaza at a car show, since he is a member of the Starlight Cruisers — an antique-car club.

"(Wernowski) was seated in the car," Bitterman said. "How else do you expect to be arrested? My client had to put his hands on him."

Wernowski must return to court to answer to a false-incrimination charge filed by Glinsky in September. A false-swearing charge, also filed by Glinsky, was dismissed by Cholowski.

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