HOPATCONG, NJ. (CBS)—A majority of the charges have been dropped against the man who police say blew an air horn inside a police department lobby while dressed in a bunny suit, according to the New Jersey Herald.
Kevin Hemmerich and his brother Jason went to the Hopatcong police headquarters on the evening of Nov. 17, 2016 with the intention of turning himself in for an outstanding warrant, and to record an air horn prank at the same time.
Video posted using Facebook Live and shot by Kevin’s brother, showed the incident inside the police department.
WARNING: Video contains profanity: CLICK HERE TO WATCH HERE.
After repeatedly blowing the horn, video shows the officer cursing and striking Hemmerich in the face.
The Sussex County Prosecutor’s Office charged Officer Nicholas J. Maresca, Jr. with one count of simple assault.
The Hemmerich brothers were also facing charges in the incident.
First Assistant Prosecutor Gregory Mueller told the New Jersey Herald that charges of harassment, obstruction and resisting arrest were dismissed against Kevin Hemmerich and charges of harassment and disorderly conduct were dismissed against his brother Jason Hemmerich.
Mueller says his office found “insufficient evidence to support the charges.”
Kevin Hemmerich remains charged with disorderly conduct, Mueller said.
In an interview with NJ.com, Maresca’s lawyer Anthony Iacullo said the officer maintains his innocence.
“Officer Maresca acted appropriately and in accordance with his training and experience as a police officer on that evening in Hopatcong,” Iacullo said. “We are confident that when this matter proceeds to trial Officer Maresca will be vindicated of the one charge against him.”
No one was seriously injured in the incident.