In his PTI application, Highsmith claimed he had three encounters with police, including one in which he was forced to watch as police spit on and dismantled a sidewalk memorial to the man who shot Santiago.
, the appellate court panel upheld a March 2021 ruling in which the Hudson County Prosecutor’s Office denied the application, which if approved could have led to the dismissal of the charges stemming from the July 15, 2014 incident at 2:30 a.m. on Martin Luther King Drive.
Despite a recommendation by the Hudson County Assistant Criminal Division manager that Highsmith be admitted to PTI, the prosecutor’s office rejected his application due to the serious nature of the crime. After reconsideration, the PTI application was again rejected, prompting a second appeal in which Highsmith claimed their was a conflict of interest on the part of the prosecutor and that the prosecutor erroneously applied the enhanced presumption against admission that applies to first- and second-degree crimes.
Both police officers shot at Highsmith as Highsmith turned and fled. Highsmith was struck and spent eight months in a hospital.
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