Judge's Release Order Blocked for Driver Accused of Seriously Injuring Middle Township Police Officer

Prosecutors challenged the decision to release the defendant before trial, while Congressman Jeff Van Drew is calling for federal immigration authorities to take custody of the suspect.

CAPE MAY COURT HOUSE, N.J. — A 36-year-old man accused of driving while intoxicated and seriously injuring a Middle Township police officer will remain in custody after prosecutors challenged a judge's decision to release him while awaiting trial.

Lucio Lopez-Perez, of Erma, is facing multiple charges stemming from an October 16 crash that left Middle Township Patrolman Austin Kapurelos with severe injuries.

On Monday, October 26, Superior Court Judge Jeffrey J. Waldman denied two requests by the Cape May County Prosecutor's Office to keep Lopez-Perez detained pending trial.

However, the release order was subsequently stayed following a challenge by prosecutors, according to statements from Middle Township officials and U.S. Rep. Jeff Van Drew.

The development means Lopez-Perez remains in county custody despite the judge's initial decision.

Van Drew said the defendant is expected to remain detained until his next court date in December.

The case has drawn considerable attention across South Jersey, raising questions about pretrial detention, immigration enforcement and the circumstances surrounding the crash that seriously injured a young police officer.

Judge Denies Prosecutors' Detention Requests

According to court information reported by Cape May Scanner and The Press of Atlantic City, the Cape May County Prosecutor's Office filed motions on October 17 and October 20 seeking to detain Lopez-Perez while his criminal case proceeds.

Both motions were considered during Monday's hearing before Judge Waldman.

The judge denied the requests and ordered Lopez-Perez released pending further proceedings.

The publicly reported court information did not specify the conditions that would have applied to his release or explain the judge's reasoning.

Following the decision, prosecutors challenged the order and obtained a stay preventing Lopez-Perez from being released.

Middle Township Mayor Christopher Leusner confirmed the prosecution's successful effort to keep the defendant in custody, according to Cape May Scanner.

Van Drew also acknowledged the development in a statement issued Monday.

"I am glad the release order has been stayed, but that is not enough," Van Drew said.

The congressman said he believes Lopez-Perez should remain in custody and face prosecution for the crash.

The full written detention decision and subsequent stay order were not available in the records reviewed for this report.

Officer Struck During Traffic Stop on Route 47

The criminal charges stem from an October 16 crash on Route 47 South, also known as Wildwood Boulevard.

Shortly after 10 p.m., Kapurelos was conducting a motor vehicle stop when he was struck by another vehicle.

According to police, the driver remained at the scene and was taken into custody on suspicion of impaired driving.

Kapurelos suffered serious injuries and was transported to AtlantiCare Regional Medical Center.

Police initially described his condition as critical but stable.

Middle Township Police Chief Tracey Super subsequently told CBS Philadelphia that Kapurelos faced a lengthy recovery involving multiple surgeries and rehabilitation.

"Austin's got a long road to recovery," Super said in an October 19 interview.

"He's going to require several surgeries. Several broken bones. He's going to be in the hospital for a long time. He's going to require rehabilitation."

Kapurelos, 26, had been serving with the department for less than a year, according to CBS Philadelphia.

He and his wife had married earlier in October, shortly before the crash.

The police department has reported an outpouring of support for the injured officer and his family.

A more recent medical update confirming Kapurelos' condition as of Tuesday was not available.

Driver Faces Multiple Charges

Lopez-Perez was arrested at the crash scene and subsequently lodged in the Cape May County Correctional Center.

He faces charges including driving while intoxicated, assault by auto and violating a public health and safety law resulting in serious bodily injury.

Authorities also issued additional traffic charges.

Police said Route 47 South was closed for approximately four hours while investigators examined the crash scene.

No other injuries were reported.

The investigation is being conducted by the Middle Township Police Department and the Cape May County Prosecutor's Office.

The charges remain allegations, and Lopez-Perez is presumed innocent unless and until proven guilty.

Van Drew Calls for Federal Immigration Custody

The case has also drawn attention from Congressman Jeff Van Drew, who represents New Jersey's 2nd Congressional District.

In an October 26 statement, Van Drew criticized the initial decision to release Lopez-Perez and called for federal immigration authorities to take custody of him when his state detention ends.

"This is absolutely outrageous," Van Drew said.

The congressman alleged that Lopez-Perez had been drinking before the crash and said the officer suffered a compound fracture, a bruised lung and multiple broken bones.

Van Drew also questioned whether the defendant's criminal history outside New Jersey had been fully reviewed before the release decision.

Those assertions were made by the congressman and were not independently established through court testimony or medical records reviewed for this report.

Van Drew said Lopez-Perez is in the United States unlawfully and has an active detainer issued by U.S. Immigration and Customs Enforcement.

An ICE detainer is a request for a law enforcement agency to notify federal immigration authorities before releasing a person from custody and, under specified circumstances, temporarily maintain custody to allow federal authorities to assume responsibility.

An immigration detainer does not itself establish guilt in the underlying criminal case.

Van Drew called on local authorities to cooperate with federal officials.

"I do not want this individual back on our streets. Period," he said.

"I want him to face justice for what happened to Austin, and I want him deported through the appropriate legal process."

The congressman's statement identified the next court date only as occurring in December.

The precise date, the terms of the stay and any subsequent immigration proceedings have not been independently confirmed.

Community Rallies Around Injured Officer

Middle Township officials have emphasized the seriousness of Kapurelos' injuries and the risks police officers face during routine traffic enforcement.

Following the crash, Mayor Christopher Leusner expressed support for the officer and his family.

"Our officers put themselves in harm's way every day to keep us all safe, and last night was a painful reminder of the risks they face during even the most routine duties," Leusner said in a statement issued after the collision.

He thanked emergency personnel and residents who helped the injured officer.

The mayor also urged drivers not to operate vehicles while impaired.

"Please, never get behind the wheel impaired," Leusner said. "It puts every life on the road at risk, including the lives of those who serve us."

Chief Super similarly praised the community response.

"There's been an outpouring of well-wishers online and in public from the public and the community and also our brothers and sisters in blue," Super told CBS Philadelphia.

"It makes you feel good that people are standing behind us."

The department has been working to raise money to assist Kapurelos and his wife during his recovery.

Questions Remain About the Court Decision

Although the stay prevents Lopez-Perez's immediate release, several questions remain unresolved.

The reasons Judge Waldman denied the original detention motions have not been fully explained in the publicly available reporting.

It also remains unclear what conditions the court initially intended to impose, which court issued the stay and when the prosecution's challenge will receive further consideration.

New Jersey's pretrial detention process generally requires judges to evaluate statutory factors, including the available evidence, the defendant's history and whether conditions of release can reasonably address risks of flight, danger or interference with the criminal justice process.

A decision to release a defendant before trial does not resolve the criminal charges or determine guilt.

The prosecution's successful request for a stay leaves Lopez-Perez in custody while further proceedings are pending.

For Kapurelos and his family, the immediate concern remains his recovery from the serious injuries suffered during what began as a routine traffic stop.

For the criminal justice system, the next proceedings will determine how the charges against Lopez-Perez move forward and whether he remains detained as the case progresses.

The investigation remains ongoing.

Anyone with information about the October 16 crash, including witnesses or individuals with relevant video, is asked to contact the Middle Township Police Department at 609-465-8700.