OFFICE OF THE PROSECUTOR

County of Atlantic

DAMON G. TYNER
CARY S. SHILL
Atlantic County Prosecutor
4997 Unami Boulevard, Suite 2 BRUCE K. DESHIELDS
First Assistant Prosecutor
P.O. Box 2002 Chief of County Detectives
MARIO C. FORMICA Mays Landing, NJ 08330
Deputy First Assistant Prosecutor 609-909-7800 – Fax 609-909-7802

June 1, 2020
Anonymous
opra+request-11209-c87c9b6b@requests.opramachine.com

Re: New Jersey Open Public Records Act # 20-30

Anonymous:

You recently submitted an OPRA request on May 20, 2020 for:

1) CAD printouts relating to the crash, arrest, and investigation on or around 4/28/07 at 9am in
which Ian Smith struck a vehicle, killing the occupant, Kevin Ade.

2) Arrest reports relating to the crash, arrest, and investigation on or around 4/28/07 at 9am in
which Ian Smith struck a vehicle, killing the occupant, Kevin Ade.

3) Crash Reports relating to the crash, arrest, and investigation on or around 4/28/07 at 9am in
which Ian Smith struck a vehicle, killing the occupant, Kevin Ade.

4) DWI Reports relating to the crash, arrest, and investigation on or around 4/28/07 at 9am in
which Ian Smith struck a vehicle, killing the occupant, Kevin Ade.

5) Breath test results relating to the crash, arrest, and investigation on or around 4/28/07 at 9am in
which Ian Smith struck a vehicle, killing the occupant, Kevin Ade.

6) Drug recognition expert reports relating to the crash, arrest, and investigation on or around
4/28/07 at 9am in which Ian Smith struck a vehicle, killing the occupant, Kevin Ade.

Please let this letter serve as an official response to your request.

Enclosed please an incident report that contains the CAD narrative and the arrest report
relating to the crash, arrest, and investigation on or about 4/28/07 at 9 am in which Ian Smith
struck a vehicle, killing the occupant, Kevin Ade.

In regards to the CAD printout, a search of our InfoShare system and the file contained
an incident report which included the CAD narrative. Please note that certain personal identifiers
have been redacted because such information is exempt from public access pursuant to N.J.S.A.
47:1A-1.1.

In regards to the arrest report, please note that certain personal identifiers have been
redacted because such information is exempt from public access pursuant to N.J.S.A. 47:1A-1.1.

In regards to the other four documents you seek, I must respectfully deny your request
because these documents are criminal investigatory records.

Under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., criminal
investigatory records do not constitute government records and, hence, are exempt from
disclosure. “A government record shall not include…criminal investigatory records[.]” N.J.S.A.
47:1A-1.1. To constitute a criminal investigatory record, the record “(1) must not be ‘required
by law to be made,’ and (2) must ‘pertain[ ] to a criminal investigation.’” North Jersey Media
Group, Inc. v. Twp. of Lyndhurst, 229 N.J. 541, 564 (2017) (quoting N.J.S.A. 47:1A-1.1). A
criminal investigatory record possesses its character as such irrespective of the status of the
investigation. See Janeczko v. New Jersey Department of Law and Public Safety, No. 2002-79
and 80 (criminal investigatory records are exempt from public inspection regardless of whether a
matter is an open or closed investigation).

In the event that you disagree with this determination, you may appeal to the Government
Records Council or the Superior Court of New Jersey as provided by N.J.S.A. 47:1A-6 and 7.

Respectfully,

/s/ Nicole Campellone

Nicole Campellone
Assistant Prosecutor
Custodian of Records