BY LINDA SMITH HANCHARICK
WEST MILFORD — Councilman Michael Hensley was charged with assault, criminal mischief and purposely preventing an officer from arresting him, as a result of a domestic violence incident in July.
Hensley, who is serving his first term on the West Milford Township Council, is running for re-election in November on the Republican ticket.
According to the complaint filed with the township's municipal court, police responded to Hensley's Maple Road home on July 14, 2015. The complaint alleges that Hensley did "commit assault by purposely causing bodily injury," and "pushed victim into a dresser causing pain to her back."
The complaint also states that Hensley restrained the victim unlawfully "by forcing the victim into a bathroom and not allowing her to leave or make a phone call after she advised the accused that she was going to call 911 because of a domestic violence incident."
These are both disorderly persons offenses.
The second complaint lists crimes of the fourth degree. It states that he committed criminal mischief by damaging the victim's cell phone, "specifically by taking her cell phone as she attempted to call 911 and smashing it against a bed post."
In addition, the court complaint states he ran back into his house and locked the police out after being told by police that he was under arrest.
West Milford Police Chief Timothy Storbeck said it is police policy not to comment on any domestic disputes.
Hensley's attorney, Timothy R. Smith of Fairfield, said the charges have since been downgraded, although he said he hasn't received the specifics.
"They did the right thing downgrading the charges," said Smith, calling the fourth-degree criminal charges "frivolous and specious."
Hensley told the Messenger he could not speak to the specifics of the charges and asked that people reserve their judgments.
"The circumstances surrounding these events are very personal in nature and I sincerely thank you for respecting my family's privacy at this time," said Hensley. "On the advice of legal counsel, I cannot speak about the specific charges but I ask that any judgments or assumptions be reserved until the matter has been properly adjudicated."
Hensley was released on his own recognizance and was not at the council meeting the following night.
Although all of the charges could result in jail time, Smith said he was sure that would not be the case because Hensley has no prior criminal record.
"There is a presumption of no incarceration for someone without a prior record," said Smith. "It's usually a fine, not even probation. He has an unblemished record. He is a model citizen."