NJ police were right not to shoot at fellow cop who was killing wife, prosecutor finds

ASBURY PARK — Ineffective communication and an absence of command contributed to the chaos surrounding an incident last year in which an off-duty Neptune cop fatally shot his ex-wife, a prosecutor's office review found.

But it was determined that responding officers were correct in not firing at the shooter, and prosecutors found that the killer cop received no preferential treatment from officers at the scene.

As part of the internal review, discipline was recommended for two of the officers who were on the scene in the middle of a residential neighborhood in this Monmouth County city.

On June 16, 2015, Neptune Police Sgt. Philip Seidle used his police-issued gun to fire 12 shots — eight in one volley and four in another — at his ex after a high-speed car chase that ended in front of an unrelated traffic stop by another cop.

In March, as part of a plea deal, Seidle pleaded guilty to aggravated manslaughter and other charges, and the state is recommending the maximum prison sentence of 30 years. He's scheduled to be sentenced in September.

Police were criticized by some in the public for not doing more to stop Seidle from continuing to fire his gun at his wife.

But Monmouth County Acting Prosecutor Christopher Gramiccioni said there was no opportunity for officers to fire at Seidle. At one point, Seidle was pointing his gun at his own head and state regulations prohibit police from firing at a person threatening to take their own life.

Gramiccioni on Thursday afternoon defended his office's handling of the investigation during a heated interview with New Jersey 101.5 afternoon host Jeff Deminski.

Gramiccioni said officers were 75 to 100 feet away from Seidle, had obstructed views of Seidle because of parked cars and the residential street was "surrounded by innocent bystanders."

“There’s a misperception out there that were dozens and dozens of officers just stood idly by while this woman was gunned down by her ex-husband in broad daylight,” he said. “And nothing, honestly could be further from the truth.”

Just under 50 minutes passed between the first round of gunshots and the completion of a standoff between responding officers and Seidle, who was threatening to take his own life.

Their 7-year-old daughter was in Seidle's car when he fired the first volley of eight shots. She ran from the scene and was taken to safety by police. It's believed by law enforcement and medical professionals that Tamara Seidle died within minutes of the first shots.

Gramiccioni, who announced the findings on Thursday, the review included statements from 110 individuals and video footage taken by civilians to go along with official video and audio recordings captured during the incident.

It was determined that the first responding officer, who had already been on the scene to handle a vehicle accident, did not effectively describe the scene to other officers when calling for help on his radio.

In a dashcam video from the scene, the officer can be heard yelling "shots fired" and giving the location of the incident, but he did not indicate that the shots were fired at another car or human being. In addition, Gramiccioni said, this officer should have attempted to close the distance between himself and Seidle to "contain the threat."

Meanwhile, the third responding officer failed to take control of the scene as a ranking and command level officer, and showed poor judgment by leaving the scene twice while the event was ongoing, the review found. And despite his knowledge of the involved vehicles and the likely occupants, as he was the officer's neighbor for years, he failed to relay such information to his colleagues on the scene.

Decisions regarding discipline are handled at the local level. As of Thursday afternoon, Asbury Park Police Department did not respond to a request for comment.