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OAKLAND POLICE OFFICER CHARGED WITH ASSAULT BY AUTO

the staff of the Ridgewood blog

Oakland NJ, Acting Bergen County Prosecutor Dennis Calo announced the charging of Oakland Police Officer DANIEL KERN of Oakland, NJ (DOB: 10/28/1981; married; employed by the Borough of Oakland) on two charges of Assault By Auto, and MICHAEL FAHY of Franklin Lakes, NJ (DOB: 1/20/1981; single; self-employed) 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.

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. Officers found an overturned all-terrain vehicle (“ATV”) at the scene. The passenger of the vehicle was seriously injured and transported to Hackensack University Medical Center, where he was treated for numerous broken bones and other injuries. A number of people were at the scene when Oakland officers arrived, including Officer Daniel KERN and Michael FAHY. Michael FAHY informed officers that he was driving the ATV at the time of the crash. He was administered a field sobriety test, which he passed, but Oakland officers issued him several motor vehicle summonses. The Oakland Police Department later received information that KERN was actually the driver of the ATV. The case was referred to the Bergen County Prosecutor’s Office.

As a result of the investigation, on September 28, 2018, Daniel KERN was served with a Summons and charged with one count of Assault By Auto (driving while intoxicated and causing serious bodily injury), in violation of N.J.S.A. 2C:12-1c(2), a 3rd degree crime, and one count of Assault By Auto (driving recklessly and causing serious bodily injury), in violation of N.J.S.A. 2C:12-1c(1), a 4th degree crime, as well as New Jersey Title 39 violations, including Driving While Intoxicated, in violation of N.J.S.A. 39:4-50; Operating An ATV On A Public Roadway, in violation of N.J.S.A. 39:3C-17(b); Operating An ATV Without A Helmet, in violation of N.J.S.A. 39:3C-19(a); Failure To Provide Information Following A Motor Vehicle Accident, in violation of N.J.S.A. 39:4-129(c); and Reckless Driving, in violation of N.J.S.A. 39:4-96. On September 28, 2018, Michael FAHY also was served with a Summons and charged with one count of Hindering Apprehension And Prosecution, in violation of N.J.S.A. 2C:29-3a(7), a 4th degree crime.

Daniel KERN and Michael FAHY will appear in Bergen County Central Judicial Processing Court in Hackensack for a first appearance on a date yet to be set. 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.

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