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Thursday, October 10, 2013

UPDATEDx2: Press of Atlantic City Staff Writer Donna Weaver Files Complaint Against Galloway Councilman; No Probable Cause yet Determined

Donna Weaver, Twitter 
UPDATEDx2 (Oct 11th): Galloway Township Court has confirmed the case has been transferred to Hamilton Township Municipal Court due to a possible conflict of interest. Honorable Judge H. Robert Switzer will review the complaint for probable cause determination. According to Galloway Court Administrator Roseanne Lugg, "if the complaint is issued" a hearing date from Hamilton Township Municipal Court will be scheduled. 

On October 9, 2013, Press of Atlantic City Staff Writer Donna Weaver, 32, signed a complaint against Galloway Councilman James McElwee, 62, of Galloway Township alleging that on Oct. 8, 2013, Mr. McElwee subjected the her to an act of harassment by offensive touching in violation of N.J.S.A. 2C:33-4b. 

According to a release issued by the Atlantic County Prosecutors Office, this allegation alleges a Petty Disorderly Persons offense under the New Jersey Criminal Code. Petty Disorderly Persons offenses carry a maximum penalty of 30 days in prison and up to $500 in fines.

The Galloway Township Municipal Court has not made a finding of probable cause, so while a complaint has been signed, no summons have been issued to Mr. McElwee.

Due to Mr. McElwee’s position as a Galloway Township Councilman, the matter will be referred to another municipal court for a determination of probable cause and ultimate disposition.
It has not yet been determined which municipal court will handle the matter, according to the Atlantic County Prosecutors Office.

Donna Weaver, who covers the reporting for the Press of Atlantic City in Galloway Township, had "no comment" when reached by phone. Interim Executive Editor Peter Brophy also had "no comment." Councilman Jim McElwee, had "no comment" regarding Weaver's allegations and referring all comments to Township Solicitor Michael Fitzgerald, who was not immediately available for comment. (See update)

UPDATED: Councilman Jim McElwee issued the following statement to members of the media Thursday Night.  "I have been made aware through social media of allegations made against me arising out of a conversation and an unfortunate misunderstanding I had with a reporter on Tuesday night during a break in a township meeting.  The conversation and a later conversation I had when the reporter called my phone that night were cordial. I apologized over the phone for my part in any misunderstanding and believed we had cleared up the issue that night.  If charges are filed I will present my evidence to the appropriate judicial authority and fully expect the evidence will reveal that no form of harassment took place.  I still remain hopeful that this can be cleared up without burdening the courts if possible. Regardless I believe there is no basis for any charges arising from this incident."

According to the complaint filed by Weaver, the incident occurred at 8:30 p.m. at the Galloway Township Municipal Complex on October 8, 2013. During that time, members of the media and public were waiting in the Complex Lobby outside of the Council Chambers while Galloway Township Council was conducting a Closed Session. 

Councilman Jim McElwee, while still in his official capacity was waiting for Closed Session to adjourn so he could rejoin Council for the remaining Public portion of the meeting. 

Several individuals were also waiting in the lobby during the time of the incident including Mayor Don Purdy's wife Michelle Purdy, Rita Purdy, Council candidate Cliff Sudler, Mrs. J, Genine Agnew, Tom Mitchell, Galloway Patch Editor Douglas Bergen and the Publisher of this website, Lisa Tilton.

Weaver signed the complaint listing the address for the Press of Atlantic City in Pleasantville as her residence. 
***The complaint is merely an accusation and not proof of guilt. In all criminal cases, a defendant is presumed innocent unless and until proven guilty.

45 comments:

Anonymous said...

Wow. What is going on in Galloway

Anonymous said...

Does anyone know why Mr. McElwee was in the lobby and not taking part in the closed session? And, that's an awful lot of people standing around in the small lobby. Strange that he would attempt a grope.

Anonymous said...

Here we go; another lawsuit in the making.

Publisher said...

Anonymous @ 7:40pm. Councilman McElwee recused himself for the night regarding a discussion on Tilton v. Galloway Investigation due to an alleged conflict. A determination is being sought by the State in regards to any conflicts before he resumes his participation.

Other conflicts regarding Tilton v. Galloway Investigation may also be occurring, GallowayTwpNews.com is investigating those and will be reporting our outcome anticipated, next week.

Anonymous said...

Frivolous

Anonymous said...

Michael Fitzgerald is not his attorney...why would he take calls?

Anonymous said...

Set-up!

Anonymous said...

When do the charges on Purdy start to trickle in? That's more important.

Publisher said...

Clarification: the disclaimer at the end is a disclaimer issued by the ACPO as part of the release. That comes with all their releases and since their release is published, so is the disclaimer.

The rest of your accusations, Anonymous @ 10:06pm, will not be published, nor answered. Thank you for reading GallowayTwpNews.com.

Anonymous said...

How come when a comment benefits your agenda you will edit and publish?

Anonymous said...

Make sure no one goes around here again. I guess the Republicans aren't crying on how something is reported when there is a complaint and no charges. They cried their buddy Frank Gargione was reported on when he didn't have his day in court yet. Amazing when shoe is on the other foot they shut up. Pathetic republicans. They continue to set up councilman.

Anonymous said...

2 Purdy's in the room when it happened. Hmm. Suspicious.

Anonymous said...

Wait. Doesn't this reporter get her car fixed by Purdy? He does work on the Press of Ac cars I think.

Anonymous said...

Do any of the people who were in the lobby at the time have any comment? Anybody see anything going on?

Anonymous said...

Amazing how different the story and comments are when a similar accusation was directed at a council candidate rather than a sitting council member. The bias shines bright.

Anthony said...

Knowing Purdy and the rest of these Republican clowns, I'd say this is a complete set up. She's probably full of crap like the rest of them!

Anonymous said...

As much as I would like to know what really happened, anybody in that lobby could potentially be called to testify on the charge or a future lawsuit. It would be pretty senseless for anyone to talk publicly about what they saw or didn't see or hear.

Anonymous said...

A complete set up? Explain how that would work. It seems that McElwee voluntarily put his his on her, allegedly. There would be no way to set that up.

Anonymous said...

If it was a set up - why did he call and apologize for the misunderstanding - his words, not mine. Guess he was apologizing for the set up gone wrong!!!!!!!

Anonymous said...

Donna wrote two or three stories in favor of the democrats. It seems like you are all implying that she did this as a political stunt it makes no sense.

Anonymous said...

Good job explaining what happened today on the radio. I was listening and you provided enough information for me to decide that this is nothing but someone looking to destroy someone's chance for reelection.

Anonymous said...

If November wasn't a month away to vote him out, I would suggest a recall. He needs to go, now.

Anonymous said...

How many of Purdy's "political bed buddies" are still around to protect him.

Anonymous said...

I want to say Thank you. As a resident in four seasons we continue to hear and see how Councilman Jim McElwee has been negatively impacting our town. He lost my vote before he even decided to run. Mine and others in my neighborhood.

Anonymous said...

Damaging comments directed at Gargione were published by this site, damaging comments directed at Don Purdy were published by this site, damaging comments directed at Pat Moran were published by this site. So why is there heavy censoring of any comments directed at Jim McElwee? This sites's true colors are shining through.

Anonymous said...

When the situation with Frank Gargione occurred this site reported that he was charged with simple assault. Now that this happened with Jim McElwee this site reports it as a filed complaint. How can the same thing be a simple assault charge against one person and a complaint against the other? In fact, the site makes sure to clarify that McElwee has not been charged. Yet reported that Gargione was charged.

Publisher said...

Frank Gargione was "charged" because the Judge in Galloway found probable cause and issued the charge against Gargione for simple assault. Jim McElwee right now only has a complaint filed against him with no probable cause determination yet made by Hamilton Township Judge. If probable cause is found than a charge will be issued against him. If no probable cause is found the complaint is dropped and no charges are filed. You can contact the courts on Monday since Galloway will be open and ask for them to explain it to you if you don't believe me. The only time a complaint filed is an immiediate charge is if it is issued by a Law Enforcement Officer. This complaint was not, it was personally done by Donna Weaver. Also, that clarification is the ACPO statement, not mine. They are making sure the Public understands this is just a complaint.

Anonymous said...

Nice try, but you reported him as charges PRIOR to the probable cause hearing.

Publisher said...

No I did not. The probable cause was already determined when I obtained the documents from Galloway Court. So again your accusations are not valid. I was the one who told Galloway court that probable cause determination should had been made outside of Galloway. That is why they transferred Gargiones case. By all means ask Gargione. He was the one who tipped me to his complaint against Landicini. So talk about wanting to have your case publicized.

Anonymous said...

Not quite, when the site first reported it the complaint was the only thing that took place. It was reported here prior to the probable cause hearing. And it was reported that he was charged. So don't say my statements are not valid.

Publisher said...

I am not going to sit here and argue with you. Probable cause was determined by the Deputy Court Administrator in Galloway within 24 hours of the complaint being filed. There was no "hearing" that took place. You obviously have no clue what you are trying to defend because you don't have the facts. Your defending Mr. Gargione so you are obviously friends, go call him!

Publisher said...

LOL, Thanks for the last comment. Shows your true colors!

Anonymous said...

And you're obviously friends with McElwee. Of course you're gonna defend him.

Anonymous said...

Some people just do not want to understand or accept the truth. Classic case with Anonymous above.

Anonymous said...

And what would that truth be, anonymous?

Anonymous said...

Why is it that so many (or maybe it is 1 or 2 people) friends of Republicans want to come on here and anonymously attack the publisher and this website? It is your candidates, not this site. All this site does is actually keep us informed on what our council is actually doing. If you don't like having your candidates name up here for assault, pick a candidate that can control himself. If you don't like reading stories on how the Mayor is lining his own pockets, or being at the center of every lawsuit, then pick better candidates. It is pretty simple.

Anonymous said...

Why is it that so many (or maybe it is 1 or 2 people) friends of Democrats want to come on here and anonymously attack Don Purdy and any other Republican?

Anonymous said...

Omg, Galloway TWP is getting just just like Hazzard County!

Anonymous said...

Pick better candidates...?...How about pick better friends. There is a circle of "friends" in Galloway Township these days that are running this town like they own it and they are recruiting newbies to align their order of succession.

There are a lot of Republican Galloway voters that are pretty disgusted with the state of the township, where we've been and where we're going under the direction of the current cast of political clunkers. The fact that the other R's on council unconditionally support the mayor is unacceptable and they all just fall in line as their told. Squash this Republican ticket people. The truth is out there for the masses and I sense that the smoke that is going to be blown be Camp Purdy is gonna be thick and dirty. Keep your eye on the prize....

Anonymous said...

Well then the Galloway Republicans should stand up and say enough is enough. When you cast a vote for the current republican ticket realize what you are voting for - more of the same. Do you think the lawsuits are going to stop if the Republican ticket is elected? Of course they wont. Do you think the bullying, the political cronyism, the lies, etc. are going to stop if you vote for Purdy and his group of yes men? It wont. One of the main reasons they were "chosen" by Republican leadership (they never even allow primaries) is so they could continue to vote yes for everything and anything Purdy wants. If you want to end the madness and help our Township heal, you need to send a message and vote against all of them.

Anonymous said...

Guess my comments are being censored. I know thy didn't break any apparent rules. Are there actually any "rules" to follow?

Anonymous said...

I know you're not talking about my posts. Cannot speak for other posts but I made comments in response to other comments. And what I wrote is not posted and I know was no threat nor was it in violation. I know it was not in violation because similar comments were made directed at Don Purdy.

Publisher said...

All comments permitted to be released have been.

Publisher said...

Modified to meet terms; Anonymous @6:13pm stated:

"Speaking of post of an attacking nature, and the fortitude of signing names, how about those that continually attack Don Purdy and the Republicans have the fortitude to sign their name? It's quite "obvious" the rules here. One is able to make any comment directed at any Republican on Council or candidate and can even imply they will be going to prison, state they are involved in illegal activities and even make personal comments directed at them. But any comment with any negative tone directed at anyone Democrat or towards Restore Galloway seems to be a violation of the terms of this site. And that is clearly evident with which comments I have made that are posted and which ones are not. And another poster had submitted comments that were already published that were in a negative nature towards Purdy but the name was changed to McElwee and they are not here?"

Anonymous said...

This November, I'm considering voting for anyone but the incumbent.
As for township council, I will be voting for the two least experienced candidates from each party.
If anything, maybe we can get this incessant bickering to stop.
Anonymous001

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