Acting Bergen County Prosecutor Dennis Calo announced the charging of Oakland Police Officer Mr. Daniel Kern, 36, of Oakland on two charges of Assault By Auto, and Mr. Michael Fahy, 37, of Franklin Lakes -left photo-, on a charge of Hindering Apprehension Of Another.
The charges are the result of an investigation conducted by members of the Bergen County Prosecutor's Office under the direction of Chief Robert Anzilotti.
According to authorities, on September 17, 2018, the Oakland Police Department responded to a 9-1-1 call of a motor vehicle crash at the intersection of Fordham and Tulane Roads.
Upon arrival, officers found an overturned all-terrain vehicle ("ATV") at the scene where the passenger of the vehicle suffered severe injuries then transported to Hackensack University Medical Center, where he was treated for numerous broken bones and other injuries.
Authorities say a number of people were at the scene when Oakland officers arrived, including Officer Daniel Kern and Michael Fahy.
According to the statement released by authorities, Fahy informed arriving officers that he was driving the ATV at the time of the crash when they administered a field sobriety test, which he passed. Oakland officers issued Fahy several motor vehicle summonses.
The Oakland Police Department later received information that Officer Kern was actually the driver of the ATV then handed the case over to the Bergen County Prosecutor’s Office.
Authorities say as a result of the investigation, on September 28, 2018, Officer Kern was served with a summons and charged with one count of Assault By Auto (driving while intoxicated and causing serious bodily injury), and one count of Assault By Auto (driving recklessly and causing severe bodily harm), as well as New Jersey Title 39 violations, including Driving While Intoxicated, Operating An ATV On A Public Roadway, Operating An ATV Without A Helmet, Failure To Provide Information Following A Motor Vehicle Accident, and Reckless Driving.
Authorities say on September 28, 2018, Fahy was served with a Summons and charged with one count of Hindering Apprehension And Prosecution.
Bergen County Acting Prosecutor Calo states that these charges are merely accusations and that the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt and would also like to thank the Oakland Police Department for its assistance in this investigation.