As reported by nj.com, an appeals court ruled an indictment against a North Brunswick police officer charged with official misconduct in an accident that killed a fellow officer is legal and should stand. It was the second decision by the appellate judges that the indictment charging Lieutenant Keith Buckley with two counts of official misconduct should be upheld.

In the first decision several months ago, the judges overturned Superior Court Judge Frederick DeVesa’s dismissal of the indictment. DeVesa had found the indictment lacked clarity and would make it difficult for Buckley to defend himself. The Middlesex County Prosecutor’s Office appealed DeVesa’s ruling last year. Buckley also appealed parts of DeVesa’s ruling. Buckley’s appeal was rejected in yesterday’s decision.

Buckley is charged in two indictments arising from the August 12, 2008 death of Lieutenant Christopher Zerby. The first indictment charges him with vehicular homicide after allegedly causing Zerby’s death. That indictment was upheld by DeVesa, but Buckley has filed an appeal that will be heard sometime this fall by appellate judges.

Authorities said Zerby was killed when Buckley lost control of a Dodge Viper on Route 130 in North Brunswick and struck a utility pole. Police said Buckley, who was commander of the patrol division and on duty, drove his police car to his brother’s house to pick up the Viper during the day. They said he stopped by police headquarters to pick up Zerby. Authorities said the car reached speeds in excess of 94 mph before the crash.

The official misconduct charges in the second indictment arise from the fact that Buckley and Zerby were on duty when Buckley took the Viper and violated state motor vehicle laws, as well as departmental rules and regulations.

Tags: Appellate Division, Articles, indictment, NJ Police, North Brunswick, Official Misconduct
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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.

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