Office of the Union county prosecutor

32 Rahway Avenue
Elizabeth, New jersey 07202

Theodore j. Romankow
Prosecutor

Union County Prosecutor Theodore J. Romankow has released the results of

an investigation into the June 20, 2007 incident regarding Monica Montoya and
Roselle Park Police. As a result of the investigation, the Prosecutor concluded that
there was no excessive force used during the arrest of Ms. Montoya.

The investigation which was conducted by the Union County Prosecutor’s

Office included interviews with all the police officers present at the scene, as well
as interviews with twelve civilian witnesses and with Miss Montoya herself. “The
accounts of the incident given by the witnesses contradicted Ms. Montoya’s
account,” Romankow said.

On June 20th Monica Montoya had assisted a Spanish-speaking accident

victim by contacting the victim’s family and translating for police officers. She was
arrested and charged with obstruction of justice after she refused to provide police
officers with her name and contact details. She was later charged with resisting
arrest.

Several witnesses described Ms. Montoya as being highly agitated and

physically confrontational with one of the officers after he asked for her name
several times. “We understand that Ms. Montoya was very concerned about picking
up her child at school but the law is very clear, once an individual is told he or she
is under arrest, she must submit peacefully, regardless of the appropriateness of
the arrest. It is clear that she did resist arrest.” Romankow said. “However, the
law does not require individuals to provide pedigree information under these
circumstances. While we encourage the public to cooperate with law enforcement,
she was not required to provide her name and she should not have been arrested.”
The charges against Ms. Montoya were dropped in October, 2007 at the request of
the Prosecutor who determined that her violation of the law was “de minimus.”

The investigation found that Ms. Montoya’s allegation that she was thrown
to the ground during the arrest was refuted by the other witnesses. “Ms. Montoya
was arrested by the officers using what is called a ‘compliance hold,’” according
to Romankow. “It is a recognized, acceptable and lawful means of arrest. Clearly,
the force used was not excessive.”

The investigation also focused on the events leading up to the arrest.

Romankow said, “The situation was exacerbated by one officer on the scene who
knew Ms. Montoya and by superior officers who should have immediately de-
escalated the situation. I am recommending that this matter be remanded to the
Roselle Park Police Chief for administrative action as it relates to the police
officers’ conduct at the scene.”