Resident found guilty of harassing firefighter
A Wall man was found guilty in municipal court last Thursday of harassing the Glendola fire captain in September 2006.
Robert Fuhr, 32, of Belmar Boulevard, originally faced other charges but was found guilty of only two — careless driving and harassment.
Monmouth County Municipal Courts Presiding Judge John G. Colannino heard the case Thursday morning after Wall Municipal Court Judge Thomas Brennan recused himself from the case.
Judge Brennan did not provide a reason for recusing himself, nor is he required to provide a reason, according to Wall Township Municipal Prosecutor Joseph Defino, who tried the case.
On Sept. 13, 2006, Capt. Christopher Rosenfeld, who is a full-time firefighter with the Glendola Fire Dept., stated that, at approximately 10 a.m., he was traveling in a marked Glendola Fire Dept. pick-up truck at the intersection of Allenwood Road and Belmar Boulevard when he noticed Mr. Fuhr, traveling toward his vehicle on the opposite side of the roadway.
As the two vehicles passed, according to Capt. Rosenfeld, he noticed Mr. Fuhr “hanging out his window screaming.” The captain described Mr. Fuhr as someone who was “very agitated,” “shaking their fist” and “displaying the middle finger.”
Riverside-based attorney Jeffrey E. Snow, who was representing Mr. Fuhr, asked Capt. Rosenfeld if he had made any hand gestures to Mr. Fuhr as their two vehicles passed one another at the intersection. The captain replied that he had only “waved hello.”
Capt. Rosenfeld said that he and Mr. Fuhr were friends and socialized when the two were younger but had lost touch with one another over the years. The two men both grew up in Wall Township.
Because of this previous relationship, Capt. Rosenfeld said he was unsure why his old acquaintance reacted in such a negative demeanor towards him on the roadway.
According to Mr. Fuhr’s testimony, however, it was Capt. Rosenfeld who displayed his middle finger towards him.
“The hand gesture was unusual,” Mr. Fuhr stated. “I didn’t see the need for it.”
Approximately one hour later on Belmar Boulevard, the two vehicles passed each other once again.
The Glendola Fire House is located on Belmar Boulevard, only a short distance away from where Mr. Fuhr lives on the same road.
Mr. Fuhr, who runs his own plumbing company, operates the business out of his home.
This time, said Capt. Rosenfeld, Mr. Fuhr had turned his vehicle around on Grace Street, then proceeded to get behind the fire truck and actually pass him on the roadway.
Capt. Rosenfeld then lost sight of the vehicle a short time thereafter. The captain had assumed Mr. Fuhr turned into the driveway of his home on Belmar Boulevard.
As he made his way down Belmar Boulevard at the posted speed limit, Capt. Rosenfeld said, he came upon Mr. Fuhr’s vehicle in the area of Mr. Fuhr’s residence.
Here, the testimony differs between the two men as to exactly what happened.
As Capt. Rosenfeld approached Mr. Fuhr’s vehicle from behind on Belmar Boulevard, “I applied them [the brakes] lightly twice in a manner it would make my brake lights flash,” but not so the vehicle’s speed would be affected, Mr. Fuhr stated. He said he did this “to warn Mr. Rosenfeld I was going to be turning into my driveway.” Mr. Fuhr said he normally does this when approaching his driveway.
Even though he checked his brakes twice by tapping on them, Mr. Fuhr said Capt. Rosenfeld’s truck was “within three to five feet” behind his own.
Capt. Rosenfeld stated that not only did Mr. Fuhr check his brakes two times, but that he had slammed on his brakes a third time causing the captain to slam on his own brakes and skid into the shoulder of the road to avoid crashing into the back of Mr. Fuhr’s van.
Capt. Rosenfeld said he was traveling a safe distance behind Mr. Fuhr, and driving the speed limit, but Mr. Fuhr’s sudden stops on the busy roadway were unforeseen.
Capt. Rosenfeld had faced the charges of following too closely and careless driving, after a civil complaint was filed against the captain by Mr. Fuhr.
Both charges were dropped by the court since it was determined that the testimony of Mr. Fuhr was insufficient to prove that Capt. Rosenfeld had actually committed those driving infractions, as alleged by Mr. Fuhr.
Mr. Fuhr had originally faced four charges — backing up on a roadway, delaying traffic, harassment and reckless driving.
Judge Colannino dismissed the charge of backing in the roadway since none of the testimony that morning stated Mr. Fuhr had committed that act.
On the charge of delaying traffic, Mr. Snow argued that the statute states no vehicle’s “condition be constructed or loaded to delay traffic to man, beast or property.”
Though Mr. Fuhr may have been delaying Mr. Rosenfeld’s travel by checking his brakes, his vehicle was not loaded in a way to cause a traffic delay, thus the charge was dropped by the judge.
On the harassment charge, Judge Colannino said it was “a classic case of conduct” designed to seriously annoy or harm Capt. Rosenfeld.
“There has been testimony there has been repeated acts,” the judge stated.
“I find it incredible … that two light taps on his brakes were sufficient to slow down a large van to make it sufficient to turn into the driveway,” stated the judge. “That was the beginning of my doubts to the voracity of Mr. Fuhr’s testimony,” adding that he did not believe Capt. Rosenfeld made an offensive gesture towards Mr. Fuhr on the roadway.
“There is a common thread that Mr. Fuhr did something,” stressed the judge, further stating that Mr. Fuhr admitted to tapping on his brakes twice.
“I find it is more credible Mr. Fuhr did something with his brakes uncalled for,” stated Judge Colannino, “to put Mr. Rosenfeld in danger and did so in a careless manner.”
The judge also said he believes Mr. Fuhr intentionally turned around on Belmar Boulevard upon seeing Capt. Rosenfeld pass him on the roadway. “That rises to the level of harassment,” Judge Colannino said.
Mr. Defino asked the court to impose harsh penalties upon Mr. Fuhr, stating, “The acts themselves placed Capt. Rosenfeld in a dangerous situation.
“The court should impose a fine and suspend his license for 30 days,” the prosecutor added.
Judge Colannino fined Mr. Fuhr $400 on the count of harassment and $256 for careless driving.
There is also a no contact order that was previously issued by the Wall court stating that Mr. Fuhr is to have no contact with any Wall officials. Judge Colannino stayed the no contact order.
Mr. Defino said although the court did not impose the suspension of Mr. Fuhr’s license, he would “stand by the court’s decision.”
Capt. Rosenfeld was represented by Michael Hobbie, of Eatontown, who said he was “very satisfied” with the outcome of the trial at the conclusion of the three-hour hearing.
Though Mr. Fuhr said he was “grateful” for a “civil trial,” he did admit that he was “disappointed” with the verdicts.
Capt. Rosenfeld’s brother, John, who is also a full time firefighter with the Glendola Fire Dept., has also alleged he has been the victim of harassment by Mr. Fuhr.
In that case, Mr. Fuhr was arrested on Sept. 15, 2006 and charged with aggravated assault in the fourth degree and harassment for allegedly swerving his vehicle into the oncoming lane on Sixteenth Avenue. John Rosenfeld was driving in a marked fire vehicle on Sixteenth Avenue when Mr. Fuhr allegedly swerved in front of him.
A court date has not yet been set for that trial.
