Ocean County Police Officer Indicted After Reportedly Letting K-9 Attack Woman Who Was Already In Police Custody

BARNEGAT, NJ (CBS) – A police officer in Ocean County has been indicted on aggravated assault charges after he allegedly released his K-9 and allowed it to attack a woman who had already been apprehended.

The incident took place on Jan. 29, 2014 in Barnegat Township. Officials say Officer Justin M. Cherry and another officer from Tuckerton were called to a home in Tuckerton where 58-year-old Wendy Tucker was reportedly an "unwelcomed guest." Officers discovered Tucker's driving privileges had been suspended but she'd driven her car to the residence.

Tucker agreed to take the bus to Barnegat but was seen minutes later driving her vehicle from the area. When Officer Cherry attempted to stop Tucker's vehicle, she refused to do so.

Tucker reportedly drove into Barnegat Township, where she was stopped by the Barnegat Police Department. An indictment alleges Cherry followed Tucker's vehicle and then reportedly released his K-9 partner, Gunner, and allowed him to Tucker.

The indictment calls the use of the K-9 "unnecessary, unwarranted and improper." It also alleges Cherry falsified police reports related to the incident in order to conceal his wrongdoing.

Cherry is charged with aggravated assault and two counts of official misconduct as well as with False Swearing, Tampering With Public Records and Hindering His Own Apprehension. He is currently suspended without pay.

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