Woodlynne Police officer Ryan Dubiel has been suspended without pay for his recent attack on a black man that was just sitting on some stairs talking. In the video below you can see Derrick Swinney just sitting on some steps talking to the police when officer Dubiel takes out his mace and sprays pepper spray onto Swinney's face at point blank range.
This unprovoked attack is clearly conduct unbecoming of an officer and he should at least be fired. Just about anyone else would have been arrested for doing what he did. Pepper spray is a weapon and he assaulted someone with a weapon for no justifiable reason. He should be charged with assault.
The New Jersey assault statute reads as follows:
2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2)Negligently causes bodily injury to another with a deadly weapon; or
(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
"Bodily Injury" is defined under as "physical pain, illness or any impairment of physical condition;"
The bodily injury here would be the pain suffered by Derrick Swinney and the temporary damage to his eyes, sinuses, and respiratory system. Since Swinney's eyes, sinuses, and respiratory system were impaired that could also substantiate an allegation of "Significant bodily injury" which is defined under the same section as "bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses."
Public records list the following information for Ryan Dubiel in New Jersey:
RYAN C DUBIEL
MALE
DOB:
OCT-1988
AGE: 31
*** ********** ***
WHITING, NJ *****
2015 - Now
*** ******* ***
WENONAH, NJ *****
2018 - 2019
Owner
*** ***** ***** **
SMITHFIELD, NC *****
2018 - 2018
* ******** **
BARNEGAT, NJ *****
2006 - 2015