Charges dropped after incident at U.F. delicatessen
Former candidate for committee says deputy mayor spit at him
BY JANE MEGGITT
Staff Writer

Tensions between Deputy Mayor William Miscoski and a former Upper Freehold Township Committee candidate, Chris Berzinski, continue to flare.

Things may have come to a head on the morning of May 10 in the parking lot of Marge’s Deli on Route 539, as both parties filed charges after a reported incident occurred there between the two of them. As a result of the alleged episode, police presence has been requested at the next Township Committee meeting.

Municipal Judge Debra Gelson, sitting in Millstone Township on May 13, reviewed Berzinski’s affidavit and decided that it lacked probable cause. She then dismissed all charges.

Berzinski said, “I am presently trying to reach attorneys to learn what grounds and avenues I would have to appeal Judge Gelson’s decision.

“As I understand probable cause,” he said, “the judge is not ruling on whether or not the content of the affidavit is accurate or true, but whether there is sufficient evidence for a prosecutor to obtain a conviction on the complaint I filed.”

Berzinski said he intends to appeal Gelson’s decision, pending advice from legal counsel.

“I stand by every word in my affidavit,” Berzinski said. “When I get guidance on my legal options and decide my next step, I will make a statement.”

According to Berzinski, who lost his bid for the Township Committee last year to Miscoski, he left Marge’s at about 9 a.m. and was about to enter his van, when Miscoski, whom he had not seen pull in, got out of his truck and said, “Good morning, [expletive].”

Berzinski said he replied, “Good morning, lawbreaker,” in reference to a $500 fine recently levied against Miscoski for violating an ethics law.

In October 2002, Berzinski and his wife, Sue Kozel, filed a complaint with the board, alleging that Miscoski violated the Local Government Ethics Law on Sept. 18, 2002, when, as a member of the Township Committee, over which he presided, he voted affirmatively on a township bond ordinance to provide funds to purchase open space. The list of properties included a 51-acre parcel owned by Miscoski’s mother, Ellen Miscoski, and his sister and brother-in-law, Kathleen and Kenneth Horner, who are also partners with Miscoski in the Cream Ridge Golf Club.

The complainants alleged that Miscoski violated section d of NJSA 40A:9-22.5, which reads, “No local government officer or employee shall act in his official capacity in any matter in which he, a member of his immediate family, or a business organization in which he has an interest, has a direct or indirect financial or personal involvement that might be reasonably expected to impair his objectivity or independence of judgment.”

The board had recently fined Miscoski, and Berzinski said he assumed Miscoski was reacting to those claims.

After the initial exchange of words, Berzinski said he started his vehicle’s engine, rolled down the driver’s side window and began to back out to head to work. Then he noticed Miscoski giving him the finger behind his back as he headed toward the deli’s exit.

Berzinski said he told Miscoski, “I’d like to get a videotape of that, Bill.”

At that point, Berzinski said Miscoski wheeled around and shouted, “I’ll give you something to tape.”

Berzinski said he kept pulling back, with his van pointing north to head in that direction on Route 539. He alleges that Miscoski “came rushing the 20-30 feet across the parking lot up to my open window, screaming, ‘I’ll kick your [expletive], you little [expletive]!’ ”

Berzinski also alleged that Miscoski spit directly into his face.

“I reached for my cell phone and dialed 911,” Berzinski said.

Miscoski reportedly returned to his truck and left the scene, heading south on Route 539.

Berzinski provided a state trooper with a statement. The next morning, Berzinski said he filed assault charges in Upper Freehold Township municipal court, which were amended on May 13 based on legal counsel, he said.

Miscoski alleged that Berzinski said he and Kozel would “destroy your life and your family.”

Miscoski, who has denied spitting at Berzinski, said he has filed three charges against Berzinski, including harassment, disorderly person and making terroristic threats.

Under advice of counsel, Miscoski said he could not provide any more information regarding the incident.

Miscoski said he would consider asking for a state trooper to attend the May 19 Township Committee meeting.

Berzinski said he already e-mailed Mayor Sal Diecidue to request state police presence at the meeting.