Detective Marc McDonald of Englewood Police Department named in Federal Lawsuit for allegedly falsifying evidence and testimony

Detective Marc McDonald of Englewood Police Department named in Federal Lawsuit for allegedly falsifying evidence and testimony

Marc Stephens, and his brother Tyrone Stephens, filed a federal civil rights lawsuit against the City of Englewood, Englewood Police Department, Det. Marc McDonald, Det. Desmond Singh, Det. Claudia Cubillos, Det. Santiago Incle Jr., Det. Nathaniel Kinlaw, Nina C. Remson Attorney At Law, LLC, and Comet Law Offices, LLC.

The complaint alleges False Arrest, Conspiracy, falsifying evidence, False imprisonment, intentional infliction of emotional distress, defamation, legal malpractice, and several other cause of actions. Marc and Tyrone Stephens are seeking over $76 million in damages.

On October 31, 2012, three victims were brutally beaten inside the parking lot of a 7-eleven convenient store in Englewood, New Jersey by a suspect wearing a ski-mask, black jacket, and riding a bike. The attack was witnessed by Natalia Cortes of Englewood.

Tyrone Stephens, 17 years old at the time, was arrested as the suspect and charged with 3 counts of aggravated assault, 3 counts of theft, and 1 count for rioting.

Marc Stephens, the older brother and guardian of Tyrone, submitted evidence to Judge Conte and Judge Jerejian of the Superior Court in Hackensack revealing that several officers from the Englewood Police Department conspired to frame Tyrone for the incident.

During a probable cause hearing Det. Marc McDonald testified that the ‘victims stated’ they were attacked on “October 31, 2012”, at “10pm”, in the parking lot of “7-eleven”.

McDonald also provided false testimony that the victims and witness Natalia Cortes identified Tyrone Stephens as the suspect who attacked the victims. Marc McDonald also testified that Tyrone Stephens gave a sworn statement that he was in front of “McDonalds” on palisades Avenue at “10pm” and greeted Det. Nathaniel Kinlaw and officer Ron.

Marc Stephens testified that during Tyrone’s sworn statement at the Englewood Police Department, which Marc was present, Det. Kinlaw stated that he saw Tyrone in front of McDonalds at 10pm. In fact, the audio of Tyrone’s sworn statement reveals without a doubt that the officers knew Kinlaw saw Tyrone in front of McDonalds at 10pm.

Det. Marc McDonald states, "Kinlaw said he saw you and other people ... when Kinlaw saw you on the Ave at this particular time you weren't at home .. "

Marc Stephens confirmed Kinlaw statement and immediately asked Det. McDonald and Singh the following question, “Kinlaw said he saw him on the Ave, at, look like 10 o'clock. Where was this altercation at? The 7-Eleven on the Ave.?

Det. Marc McDonald states, “up the street”.

Tyrone Stephens jumps in, “That's it right there! I was in front of McDonalds. I just hopped out of a car. I walked in McDonalds and said what's up Kinlaw. “If Kinlaw just said that he seen me, you just said it on here, you heard Kinlaw say that he seen me. He seen me at McDonalds, and he was talking to a little kid Willie. I think he was with Ron, right there at McDonalds. If you say that's the time, than how could I be at two places at once?”

McDonald confirms, “That was at 10 O'clock he said that”.

Marc Stephens subpoenaed the Englewood Police Department for the ‘911 calls’ regarding the incident. The 911 dispatch clearly shows “Kinlaw and Ron” in front of “McDonalds” on “October 31, 2012” at “10pm”, confirming Tyrone’s sworn statement.

The defendant officers knew Tyrone was in front of McDonalds at 10pm and still filed seven (7) false charges against him.

The Bergen County Prosecutor was also trying to pin the death of one of the victims on Tyrone. It was impossible for Tyrone to be located both at McDonalds and 7-eleven at 10pm, which is almost 1 mile apart.

On December 13, 2013, Tyrone’s criminal case was dismissed with prejudice, and Tyrone was finally released after spending 1 year and 35 days behind bars.

On February 18, 2014, Judge Conte signed the order dismissing all 7 charges against Tyrone with prejudice.

On September 5, 2014, Tyrone Stephens, and his guardian Marc Stephens, filed a federal civil rights lawsuit against the City of Englewood, Englewood Police Department, Det. Marc McDonald, Det. Desmond Singh, Det. Claudia Cubillos, Det. Santiago Incle Jr., Det. Nathaniel Kinlaw, Nina C. Remson Attorney At Law, LLC, and Comet Law Offices, LLC.

Marc and Tyrone Stephens are seeking over $76 million in damages.

On November 13, 2015, Judge Martini dismissed the plaintiffs’ civil complaint with prejudice.

Martini states in his opinion and order the following, “The record shows that Englewood police officers had probable cause to arrest Tyrone. Specifically, the officers had four main pieces of evidence implicating Tyrone in the October 31 Incident: (1) the alleged photo identification by Natalia Cortes; (2) the statements made by Justin Evans; (3) inconsistencies in testimony regarding Tyrone’s alibi; and (4) the statement Tyrone allegedly made to Jaquan Graham while in a holding cell”.

Judge Martini also stated that the plaintiffs did not submit evidence.

As proven in testimonial evidence submitted on record, there were never any inconsistencies regarding Tyrone’s alibi. The plaintiffs provided the ‘testimony’ of defendant McDonald stating the incident occurred on October 31, 2012 at 10pm, and McDonald’s ‘testimony’ that Tyrone stated he was in front of McDonald’s at 10pm.

The plaintiffs provided Marc Stephens and the officers’ statement that Kinlaw confirmed that he saw Tyrone at McDonald’s at 10pm, and the ‘testimony’ of Marc Stephens confirming that Kinlaw stated he saw Tyrone at McDonald’s at 10pm.

The plaintiffs provided Det. Marc McDonald's false testimony that witness Natalia Cortes identified Tyrone Stephens as the suspect, and witness Natalia Cortes stating that she ‘did not’ identify Tyrone Stephens as the suspect is also in court records as admissible evidence.

The plaintiffs also provided the 911 dispatch timestamp confirming Tyrone’s statement that he saw “Kinlaw and Ron” in front of McDonalds at 10pm, the testimony of credible defense witness Tyrone Roy stating he was with Tyrone at McDonalds at 10pm, and Superior Court Judge Gary Wilcox stating based on the timeline Tyrone should have been at McDonalds at the time of the incident.

The parties are currently awaiting Judge Martini’s decision based on the plaintiffs second Motion for reconsideration.

At the summary judgment stage of proceedings, courts do not weigh the evidence or make credibility determinations, but, instead, leave that task to the fact-finder. Judge Martini is clearly in error for dismissing the case with prejudice when all of the plaintiffs’ evidence is submitted on court record, which the public can access, and is fully admissible evidence.

Plaintiffs' evidence proving Detectives conspired to frame Tyrone Stephens - MUST WATCH

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