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Perth Amboy mechanic testifies he worked on police chief's motorcycle

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Testimony was heard on Tuesday in the trial of former Perth Amboy police chief Benajmin Ruiz.

NEW BRUNSWICK -- A jury heard opening arguments and witness testimony on Tuesday in the trial of former Perth Amboy police chief, Benjamin Ruiz, who authorities say used a police department mechanic to repair personal vehicles and then engaged in witness tampering.

Ruiz, wearing a light blue suit and a red and white tie, appeared before Superior Court Judge Diane Pincus at the Middlesex County Courthouse.

Ruiz's charges -- which include two counts of official misconduct and counts of theft of services and witness tampering -- stem from three separate incidents between Dec. 8, 2013, and July 29, 2014, in which Ruiz allegedly instructed city mechanics to work on his motorcycle, his 1964 Mustang, and his friend's car when the workers were supposed to be working on city vehicles.

Miguel Garcia, a mechanic for the city police department who said he was among those who had worked on Ruiz's motorcycle, was called as a state witness Tuesday afternoon.

At some point between Dec. 8, 2013, and July 29, 2014, Garcia said he began to take cellphone video footage of the work being performed on Ruiz's Mustang at the garage of the city police department.

Middlesex County Assistant Prosecutor Christine Marie D'Elia, who is representing the state in the matter, said, "this is about abuse of power, and that is exactly what official misconduct is."

During Garcia's testimony, D'Elia asked him: "Why did you start filming?"

"I did it for my protection," Garcia said. "I didn't want to get caught up in anything."

Garcia said he eventually handed the video footage over to Sgt. Michael Daniewicz of the Middlesex County Prosecutor's Office who was called as a state witness just before Garcia on Tuesday.

During cross-examination of Daniewicz, Perry Primavera, Ruiz's other attorney present at the trial, asked Daniewicz if he had been concerned about acquiring the video footage evidence from someone who was not a law enforcement official.

"Did you have any concern about the chain of custody; where this evidence had come from?" Primavera asked.

"I did," Daniewicz responded.

The 14-member jury looked at photographs on a projection screen of a motorcycle that Daniewicz said belonged to Ruiz.

Primavera, gesturing to the photographs, highlighted that the bike had been a Perth Amboy police motorcycle that still displayed police decals and other law enforcement markings, making it appear similar to a bike still being used by the police department. 

During a break in the afternoon, Ruiz's attorney, Brian J. Neary, of Hackensack, described the case as "a petty situation that was turned into serious crimes."

"Petty politics," said Neary in the hallway just outside the courtroom, "by the Perth Amboy Police Department and the city. It is a petty prosecution, investing resources into a local dispute."

The trial will continue on Wednesday, at which video footage will be presented of the work that had been conducted on Ruiz's Mustang at the Perth Amboy Police Department's garage.

Spencer Kent may be reached at skent@njadvancemedia.com. Follow him on Twitter @SpencerMKent. Find the Find NJ.com on Facebook.


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