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Grand jury declines to charge Atlantic Highlands officer in fatal 2025 crash

State investigation found no basis for criminal charges after e-bike rider died following collision with police vehicle.

Derek Callahan

Jul 24, 2026, 7:31 PM

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A state grand jury has declined to file criminal charges against an Atlantic Highlands police officer in connection with a 2025 crash that fatally injured an e-bike rider, New Jersey Attorney General Jennifer Davenport's office announced Friday.

The grand jury voted "no bill" after reviewing an investigation into the death of Henry Phillips Jr., 73, of Middletown, who died Oct. 19, 2025, nine days after a collision with Officer Timothy Funk's marked police vehicle.

RELATED: New video shows deadly Middletown crash involving police car

RELATED: AG released surveillance video from deadly crash involving police cruiser in Middletown

According to the Attorney General's Office, the crash occurred at about 1 p.m. Oct. 10, 2025, when Funk was stopped at a red light on Orchard Avenue at Route 36 and made a right turn on red. Investigators said Phillips was riding an e-bike southbound in the northbound lane of Route 36 when the vehicles collided.

Phillips was airlifted to Jersey Shore University Medical Center in Neptune, where he later died.

The Office of Public Integrity and Accountability investigated the crash under New Jersey's Independent Prosecutor Directive, which requires the Attorney General's Office to investigate deaths that occur during encounters with law enforcement and present the findings to a state grand jury.

RELATED: State attorney general now handling crash involving police car that killed e-bike rider

RELATED: Attorney General’s Office probes deadly police-involved crash in Middletown

The investigation included officer and witness interviews, photographs, vehicle digital forensics, body-worn camera footage, third-party surveillance video and autopsy results. The grand jury completed its deliberations July 20 and determined the evidence did not support criminal charges against the officer.

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