CRESSKILL — Two Cresskill officers who responded to a fatal crash in New Milford last month have been suspended and are facing departmental charges, according to a lawyer for one of the officers.
Officers Matthew Banta and Brad Levitzky were among the first to respond to the crash Oct. 16 that killed 10-year-old Miriam Avraham. Levitzky’s attorney, Albert Wunsch who originally represented both men, said the officers were departmentally charged Oct. 22 and suspended from duty with pay. The charges include misconduct, insubordination, neglect of duty, untruthfulness and violation of the Borough code.
Cresskill Police Chief Stephen Lillis said he could not comment on the matter because it was a personnel issue.
"The immediate suspension is necessary to maintain safety, health, order or effective direction of public services," a letter to Levitzky from the department stated as the reason for the officer’s suspension.
"The charges are ridiculous, the most ludicrous I’ve seen in 20 years," said Wunsch. "This was not the decision of maverick police officers who were thumbing their nose at authority. This is two police officers that heard the cry of help and responded to assist a brother jurisdiction in a tragic situation."
Wunsch claims the department never interviewed witnesses connected to the event and the charges are based without any facts. Wunsch accuses the town of hiring a civilian law firm to conduct an investigation. He provided a copy of a letter sent to Tenafly police from the law firm of C. Elston & Associates. The letter asked for records related to an "Oct. 16 stolen vehicle incident."
"Please be advised this law firm has been requested by the Borough of Cresskill to conduct an independent internal affairs investigation, with respect to the administrative departmental violations," the letter states.
Borough Attorney Vincent Salvatore could not be reached for comment as of press time.
Two days after the suspensions 14 members of the Local PBA voted a no confidence vote for the Cresskill police chief.
When the officers arrived on scene, they saw the car involved in the accident cut in half, the mother of the victim trying to resuscitate the child and a male passenger in shock, according to Wunsch. The officers rendered first aid on the victim and the male passenger.
The officers were initially denied an administrative hearing, but have requested a public hearing.
Harold Saenz, 22, of Bergenfield, has been charged with felony murder, aggravated manslaughter, aggravated assault, burglary and theft. He’s accused of stealing a Mercedes-Benz, leading the owner on a high-speed chase and crashing into a car on New Bridge Road in New Milford that killied Avraham and injured 14-year-old Eric Brauner. Saenz is jailed, being held on $1 million bail.
