Hopatcong Police Officer Nicholas Maresca Jr. is charged wth simple assault Watch video
UPDATE: Bunny-suited prankster, cop who slapped him share courtroom
SPARTA -- A Hopatcong police officer caught on video slapping a bunny-suited, airhorn-toting prankster is due in municipal court Thursday.
A case management hearing for Officer Nicholas Maresca Jr. is scheduled for 8:30 a.m., court administrator Bonnie Messina told NJ Advance Media.
Maresca was charged with simple assault two weeks after a video surfaced of him and a second officer confronting Kevin Hemmerich at Hopatcong police headquarters Nov. 17.
Hemmerich, shown on the video wearing a bunny suit and blowing an air horn, was turning himself in on an outstanding warrant. His brother, Jason, was filming nearby and later posted the video of the incident to Facebook Live and YouTube.
Maresca's attorney, Anthony Iacullo, said Wednesday the officer "is looking forward to this matter going toward a resolution."
"He maintains that his actions did not constitute assault and that same were in accordance with his training and departmental protocol based upon the circumstances which were created at that time by the disruptive conduct of other individuals at police headquarters," Iacullo said.
Sussex County First Assistant Prosecutor Gregory Mueller did not immediately return a phone call.
Mueller previously that Maresca slapped Hemmerich in the face with an open hand, and that Maresca was not seriously hurt.
He is on administrative duty pending the outcome.
Hemmerich had a warrant out for his arrest for failing to complete 12 days worth of work with the Sheriff's Labor Assistance Program. He has since been released.
Separately, charges of harassment, obstruction and resisting arrest against Kevin Hemmerich stemming from the Nov. 17 confrontation, and filed by Hopatcong police, were dismissed in January.
Charges of harassment and disorderly conduct, also filed by Hopacong police, were dropped against his brother.
Mueller, at that time, told the New Jersey Herald that there was insufficient evidence to pursue the charges.
Rob Jennings may be reached at rjennings@njadvancemedia.com. Follow him on Twitter @RobJenningsNJ. Find NJ.com on Facebook