Dear Ocean County Prosecutor's Office,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
For the purpose of this OPRA request, I am seeking documents pertaining to the Toms River Township Police Department response to the Deer Chase Professional Park at approximately 8:45 PM on 08/07/2019 (the "incident").

Pursuant to Executive Order 69 (Whitman, 1997), I request the following regarding this incident:

(a) where a crime has been reported but no arrest yet made, information as to the type of crime, time, location and type of weapon, if any;

(b) if an arrest has been made, information as to the name, address and age of any victims, unless there has not been sufficient opportunity for notification of next of kin of any victims of injury and/or death to any such victim or where the release of the names of any victim would be contrary to existing law or court rule. In deciding on the release of information as to the identity of a victim, the safety of the victim and the victim's family, and the integrity of any ongoing investigation, shall be considered;

(c) if an arrest has been made, information as to the defendant's name, age, residence, occupation, marital status and similar background information and the identity of the complaining party, unless the release of such information is contrary to existing law or court rule;

(d) information as to the text of any charges, such as the complaint, accusation and indictment, unless sealed by the court or unless the release of such information is contrary to existing law or court rule;

(e) information as to the identity of the investigating and arresting personnel and agency and the length of the investigation;

(f) information of the circumstances immediately surrounding the arrest, including but not limited to the time and place of the arrest, resistance, if any, pursuit, possession and nature and use of weapons and ammunition by the suspect and by the police; and

(g) information as to circumstances surrounding bail, whether it was posted and amount thereof.

Please note that Executive Order 69 requires a response to this OPRA request within 24 hours.

Yours faithfully,

Anonymous

Deen, Shiraz, Ocean County Prosecutor's Office

Dear Anonymous,

With respect to your request for all information required to be disclosed pursuant to NJSA 47:1A-3(b), this information was disclosed via an earlier press release in accordance with our Supreme Court’s decision in N. Jersey Media Grp., Inc. v. Twp. of Lyndhurst, 229 N.J. 541, 572 (2017). The text of the release is attached for your convenience:

PRESS RELEASE-ARREST IN TOMS RIVER HOMICIDE
Ocean County Prosecutor Bradley D. Billhimer and Toms River Police Chief Mitch Little have announced that a juvenile has been arrested and charged with the murder of Margarita Diaz, 44, of Manchester Township, which occurred on Wednesday, August 7, 2019, at the Deer Chase Professional Park, Route 37 West, in Toms River Township. In addition to being charged with Ms. Diaz’s murder in violation of N.J.S.A. 2C:11-3a, the juvenile was charged with possession of a weapon – specifically a knife -- for an unlawful purpose in violation of N.J.S.A. 2C:39-4d, unlawful possession of a weapon in violation of N.J.S.A. 2C:39-5d, and endangering the welfare of a child in violation of N.J.S.A. 2C:24-4a. The juvenile is being detained in the Ocean County Juvenile Detention Center.
Due to the fact that the individual charged with these offenses is a juvenile, the law prohibits the release of any additional information.
Prosecutor Billhimer and Chief Little are grateful for the hard work and collaborative efforts of all law enforcement personnel involved in the thorough investigation leading to the suspect’s apprehension, including officers and detectives of the Ocean County Prosecutor’s Office Major Crimes Unit, the Toms River Township Police Department, and the Ocean County Sheriff’s Department Crime Scene Investigation Unit.

Sincerely,

Shiraz Deen
Ocean County Prosecutor's Office
Assistant Prosecutor - Appellate Division
Phone: 732-929-2027 Ext. 3623
Email: [Ocean County Prosecutor's Office request email]

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