Cop, caught on video hitting air-horn-blowing guy in bunny suit, charged with assault

New Jersey 101.5 video. (Caution: Profanity in video.)

HOPATCONG — The police officer seen on camera hitting a bunny-suit-wearing, airhorn-blowing prankster has been charged with simple assault.

"It is alleged that Officer (Nicholas J.) Maresca struck Kevin Hemmerich in the face with an open hand," Sussex County Prosecutor Francis A. Koch said on Monday, about an incident that took place on Nov. 17 at the Hopatcong Police station. "There were no serious or significant injuries to anyone involved.

Maresca is due in court Dec. 28 following the internal affairs investigation. He'll remain on on administrative duty pending resolution of the charge, the prosecutor's office said.

But Maresca's lawyer, Anthony Iacullo, told NJ.com the officer plans to fight the charges.

"Officer Maresca acted appropriately and in accordance with his training and experience as a police officer on that evening in Hopatcong," Lacullo said. "We are confident that when this matter proceeds to trial Officer Maresca will be vindicated of the one charge against him."

Hemmerich, 29, and his brother thought it would be funny to make a video of Hemmerich causing “a little bit of ruckus” before he turned himself in for an arrest warrant, the brother told New Jersey 101.5 last month.

In a video originally streamed live on Facebook by Jason Hemmerich, Kevin Hemmerich shows up to the station, wearing the bunny outfit, blowing the airhorn and laughing about the situation. Then Maresca seen hitting Kevin Hemmerich in the face after cursing him out.

A second officer, identified by Jason Hemmerich as Christopher Lotito, confronts Jason Hemmerich before the recorded live stream cuts off. Jason Hemmerich told New Jersey 101.5 the officer ripped the phone out of his hands.

When the video turns back on, Jason Hemmerich is outside of the police station and can be heard yelling epithets about the police.

Kevin Hemmerich was taken into custody last month and was serving a 12-day sentence at Sussex County jail as a result of failing to show up for a 12-day sentence to the Sheriff’s Labor Assistance Program, or SLAP. Hemmerich had been sentenced to the work program after he got into a car accident and didn’t have up-to-date auto insurance.

His brother told New Jersey 101.5 that Kevin had missed his sentence after hitchhiking across the country.

Jason Hemmerich — who was charged a day later with obstruction, harassment and disorderly conduct — said the police officers acted inappropriately.

“He wasn’t being violent or belligerent. He wasn’t drunk or on drugs. It was a prank,” he told New Jersey 101.5 at the time.

Jason Hemmerich said Friday he has no regrets about the incident because he believes it ultimately helped expose "police brutality."

— With prior reporting by Sergio Bichao

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