An appeals court said a New Jersey police officer should be fired for misconduct

A New Jersey appeals court has overturned a lower court’s decision that could have allowed a Bergen County police officer to get his job back after he claimed he was falsely accused of sexual assault.

The Supreme Court of the New Jersey Appellate Division reversed a lower court’s decision to set aside a termination of employment Daniel Fugnitti, Ridgefield Police Officer, – according to the judgment issued on Friday.

The appeals court found that the trial court erred in overturning the hearing officer’s recommendation to fire Fugnitti for gross misconduct that violated the high ethical standards expected of police officers.

Court documents show that in May 2020, Fugnitti answered a phone call at a hotel where he met a woman, got her phone number and began exchanging numerous text messages with her. Many of the messages were allegedly sexual in nature and were sent while the officer was on duty.

Surveillance footage showed Fugnitti’s vehicle parked at the hotel later that night for more than an hour.

The woman alleged that during the visit, Fugnitti entered her room without permission, removed her clothes and sexually assaulted her.

In the following weeks, the woman gave statements to police, mentioning the “dirty cop” who attacked her. She later identified Fugnitti and claimed he paid her $2,000 for failing to report the incident.

An internal affairs investigation found that Fugnitti violated multiple sections of the Ridgefield Police Code of Conduct, including requirements to maintain high ethical standards on and off duty and to report suspected criminal activity.

The hearing officer concluded that Fugnitti’s misconduct was so serious that he should be dismissed rather than disciplined.

However, the trial court reversed the termination of Fugnitti’s employment and instead imposed a 90-day suspension, finding that the hearing officer’s decision was controversial.

The appellate court disagreed, finding that the trial court upheld its own judgment and that termination was reasonable given Fugnitti’s “egregious conduct.”

The appeals court emphasized that police officers are held to a higher standard and that Fugnitti’s actions, including alleged inappropriate contact with a woman while on duty, violated the trust placed in law enforcement.

The court found that the officer’s dismissal was justified for the sake of preserving the public trust because Fugnitti’s misconduct was “inappropriate and egregious” for a police officer.

Fugnitti’s attorney, Patrick Toscano of Fairfield, said Friday that the appeals court’s decision was unfortunate.

“We are obviously very disappointed with the appellate panel’s decision,” Toscano said.

Toscano said Fugnitti is exploring the possibility of appealing to the state Supreme Court.