The only charge remaining against Kevin Hemmerich is disorderly conduct, New Jersey Herald reported. Watch video
HOPATCONG -- Authorities have dropped most of the charges filed by Hopatcong police against a bunny-suited prankster and his brother after air horn incident in the Hopatcong police headquarters in November, New Jersey Herald reported.
The charges of harassment, obstruction and resisting arrest were dismissed against Kevin Hemmerich, who wore the bunny suit and blew the air horn as his brother recorded the encounter, the newspaper reported.
The charges of harassment and disorderly conduct were also dropped against his brother, Jason, the newspaper reported.
Sussex County First Assistant Prosecutor Greg Mueller told the newspaper only the disorderly conduct charge remains against Kevin Hemmerich after his office found insufficient evidence to support the other charges.
Hemmerich went to the Hopatcong police headquarters on the evening of Nov. 17 with the intention of turning himself in for an outstanding warrant, and to record an air horn prank at the same time, Jason Hemmerich previously told NJ Advance Media.
A video filmed by Jason Hemmerich and posted on Facebook Live and YouTube shows Kevin Hemmerich wearing a bunny costume and blowing an air horn over the course of four minutes despite being asked to stop.
After blowing the air horn intermittently, two officers then enter the lobby where the Hemmerich brothers were located. Jason Hemmerich said the officers began cursing and yelling and one of them hit his brother in the face. The other, he said, slapped the phone out of his hands.
The borough police officer who hit Kevin Hemmerich in the face -- Nicholas Maresca Jr. -- was later charged with one count of simple assault for slapping Kevin Hemmerich in the face with an open hand, Mueller has said. Hemmerich wasn't seriously injured in the incident, the prosecutor has said.
Maresca's lawyer Anthony Iacullo has 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."
Kevin Hemmerich had a warrant out for his arrest for failure to complete 12 days worth of work with the Sheriff's Labor Assistance Program. He received the sentence in lieu of jail time for a failure to have auto insurance in connection with a motor vehicle crash.
Jason Hemmerich said he and his brother were admittedly playing a prank, but he believes borough police overstepped when they hit his brother, who wasn't posing a threat to officers, and slapped the phone away.
Maresca remains on administrative duty pending the resolution of the case, Mueller has said.
Justin Zaremba may be reached at jzaremba@njadvancemedia.com. Follow him on Twitter @JustinZarembaNJ. Find NJ.com on Facebook.