A report by the Monmouth County Prosecutor's Office concludes there was nothing police could have done to save Tamara Wilson-Seidle.
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FREEHOLD -- Asbury Park police officers could not have prevented an off-duty police sergeant from gunning down his ex-wife in broad daylight, according to a yearlong investigation by the Monmouth County Prosecutor's Office released Thursday morning.
The exhaustive internal review, conducted by the prosecutor's office's Professional Response Unit, also determined that the first officer at the scene failed to pass on critical information to other officers, and that the highest ranked officer not only failed to take control of the scene, but left the area twice.
The results of the investigation -- which involved hundreds of witnesses, thousands of pages of documents, photos and video footage from witnesses and police cruiser dashboard cameras -- were announced by acting Monmouth County Prosecutor Christopher J. Gramiccioni, a little more than a year after the grisly incident played out in front of dozens of witnesses on an Asbury Park street.
The report includes findings on several questions raised about how police responded to the attack, including: whether police should have used deadly force against Philip Seidle, whether he received preferential treatment from other police officers at the scene because he was a cop and whether the weapon he used to kill his ex-wife, Tamara Wilson-Seidle, should have been taken away prior to the shooting, given the number of domestic calls police received from the couple during and after their 23-year marriage.
"We didn't have a crystal ball," Gramiccioni said. "These incidents were extraordinary and chaotic. It's not found in textbooks or police academy training standards on how to respond to these things. It simply couldn't be anticipated."
Should deadly force have been used?
On June 16, 2015, angered over what Philip Seidle has said was Tamara Wilson-Seidle's interference with his visitation with their nine children, he chased her through the streets of Asbury Park, crashed into her Volkswagen Jetta, forcing her to slam into a parked car on Sewall Avenue and then, within seconds, began shooting at her.
Seidle first pumped eight rounds into her through the driver's side window, then headed to the front of the car where he fired off another four rounds through the windshield, striking her, authorities said.
A medical examiner's report concluded Tamara Wilson-Seidle died from one of the shots fired in the first round, Gramiccioni said.
A photo taken from the scene of the crash on Sewall Avenue in Asbury Park. (Courtesy of the Monmouth County Prosecutor's Office)
The couple's then 7-year-old daughter witnessed the first round of shootings from the front seat of her father's Honda Pilot. She was removed from the scene by officers just before Seidle fired a second round of shots.
The prosecutor's office's report concluded that there were a number of factors that determined why responding officers should not have used deadly force against Seidle. Chief among them was that he held his service weapon to his head immediately after he fired the first round of shots into his ex-wife's car and kept it there for the duration of the approximately 45-minute standoff.
The state Attorney General's Use of Force policy prohibits officers from using deadly force when a person is at risk of harming him or herself. Gramiccioni said he believes Seidle, a 22-year veteran with the Neptune Police Department, was aware of these guidelines.
"It is my belief that he knew that this would prevent him from being shot by fellow officers," Gramiccioni said.
Seidle pleaded guilty in March to aggravated manslaughter and child endangerment, and faces 30 years in prison when he is sentenced on Aug. 18. However, he has exercised his constitutional right not to be interviewed by investigators, Gramiccioni said.
The investigation into the use of force heavily focused on the first five officers at the scene, all of whom were members of the Asbury Park Police Department, Gramiccioni said. The first officer who responded was already at the corner where the incident occurred tending to an unrelated car crash.
That officer and two people he was talking to were nearly hit by Tamara Wilson-Seidle's car as it whipped around the corner onto Sewell Avenue, police dash camera shows.
After the first round of shots, the officer calls in a report of "shots fired," and then appears to retreat behind his vehicle. He then calls in that Philip Seidle has a gun pointed to his head, Gramiccioni said.
About 10 seconds later, the second officer arrives on the scene but doesn't exit his vehicle right away. Instead, he repositions it to block off the roadway. Three more officers then arrive at the scene.
"These are the only five that are in the general vicinity who could have maybe done something about this," Gramiccioni said.
But due to their distance from Philip Seidle, how quickly the events unfolded and the fact that he was at risk of harming himself, use of force was not the correct course of action for the officers to take, Gramiccioni said.
A diagram created by the Monmouth County Prosecutor's Office shows the trajectory of the bullets if the first five officers who responded fired their weapons in relation to where civilians, marked by a blue "C," were positioned. (Monmouth County Prosecutor's Office)
Adding to that determination was the number of residents in the area as the events unfolded, Gramiccioni said. A diagram showing the trajectory of the bullets had the five officers fired their weapons indicates at least four residents were potentially in harm's way.
"At the end of the day, none of these five officers were ever in a position to use reasonable lethal force against (Philip) Seidle," Gramiccioni said.
However, Gramiccioni said he would recommend discipline against the first officer at the scene for "failing to communicate critical information."
The officer failed to indicate that there was a car chase, a collision and that the driver jumped out and fired eight shots into the other vehicle, Gramiccioni explained.
"That material information would have been helpful to arriving officers," he said, adding those officers were only responding to a report of shots fired.
The third officer at the scene was a neighbor to Philip and Tamara Wilson-Seidle, so he was familiar with both of their cars, Gramiccioni said. But, Gramiccioni said, he did no relay that information to dispatch. He was also the highest ranking police officer at the scene at the time and left twice: once to take the Seidle's daughter to police headquarters two minutes after the second round of shots were fired and then again to take the first officer at the scene back to headquarters.
Gramiccioni said he would refer discipline for that officer to the Asbury Park Police Department for demonstrating "poor" leadership, failure to take command and control. He cannot impose discipline, though.
"Better command and control would not have affected the tragic result of Tami Seidle's death because of how quick it all happened," Gramiccioni said.
Was Sgt. Seidle given preferential treatment?
The first officer who responded to the scene is heard on dash camera video saying, "Phil, drop the gun, Phil," immediately after Seidle fired the first shots.
Several officers could be heard referring to Seidle by his first name, calling into question whether he was given preferential treatment. Many of the officers who responded to the scene were from the Asbury Park and neighboring Neptune police departments.
It was also reported that a Neptune police officer hugged Seidle after he surrendered to authorities, which Gramiccioni said was "ill-advised" behavior.
"With that said, the officer was brought to the scene because of his long-standing relationship with Seidle," Gramiccioni said. "It was hoped that because of that friendship, he could convince Seidle not to kill himself and surrender -- and it worked, in part."
That officer, Gramiccioni said, was not aware that Seidle had killed his ex-wife at the time, only that he was suicidal. Upon learning that information -- after Seidle surrendered -- the officer was "embarrassed" by the hug, Gramiccioni said.
"The fact that (Seidle) was a well known police officer contributed to the chaos and confusion at the scene," Gramiccioni said.
Still, officers treated Seidle like any other person who was suicidal, Gramiccioni said.
A history of domestic incidents
Divorce filings and records previously obtained by NJ Advance Media revealed the rocky history of the couple's tumultuous 23-year marriage.
Tamara Seidle, who was shot to death, allegedly by her ex-husband, a former Neptune Township police sergeant. (Facebook)MaryAnn Spoto | NJ Advance Media for NJ.com
Tamara Wilson-Seidle, 51, claimed in her 2013 divorce complaint that on one occasion, Philip Seidle pointed a gun at her head and on another occasion, he kicked her in the stomach while she was pregnant. On her birthday, he gave her a black eye by punching her in the face, the complaint said.
None of these incidents of violence were reported to police, though Neptune police did respond to the Seidle's home 21 times over a 21-year period. Seven of the calls were fore child custody disputes and seven others were for basic calls of service, like reporting a car crash.
But seven of the calls were classified as domestic incidents and they occurred over staggered periods of time. The first call came from Philip Seidle in 1994 to report Tamara Wilson-Seidle threw a chair at him. But the second domestic call doesn't come for another seven years.
"There's no method to the madness," Gramiccioni said.
The calls, however, relatively increase in frequency in 2014, with the last one happening about a little over a month before the slaying.
Philip Seidle, now 52, received a two-day suspension following an incident on Feb. 2, 2012, that led to an internal-affairs investigation by the Neptune Police Department. Tamara Wilson-Seidle had called police to report her then-husband was verbally harassing her on the phone and that when she got home, Philip Seidle was at the house and approached her in a "menacing manner," Gramiccioni said.
Seidle did not physically abuse her on this occasion, but Tamara Seidle had told police this wasn't the first time her husband verbally abused her. When asked why she never reported it in the past, she indicated she did not want to disrupt Philip Seidle's job as a police officer, according to Gramiccioni.
Tamara Wilson-Seidle declined to file charges. However, Neptune police admitted Philip Seidle for a "fitness of duty" examination not because of his behavior toward Tamara Wilson-Seidle, but rather because he was shouting at the responding officers, Gramiccioni said.
Suspended Neptune police Sgt. Phillip Seidle pleads guilty before Superior Court Judge Joseph Oxley in Monmouth Superior Court in Freehold on March 10, 2016. (Patti Sapone | NJ Advance Media for NJ.com)
On Feb. 12, 2012, Seidle was found not fit for duty and his service weapon was taken from him. Gramiccioni said Seidle attended therapy regularly until he was re-examined on April 16, 2012, when the doctor found him fit for duty but recommended Seidle continue with counseling for at least two months.
Under Attorney General guidelines, when a weapon is taken from a law-enforcement officer -- but no criminal charges or warrants were issued -- a county prosecutor can authorize the return of seized weapons subject to conditions that the prosecutor determines necessary.
The prosecutor's officers contacted Tamara Seidle and asked her if she had any concerns with Philip Seidle's service weapon being returned.
"She expressed no such reservations or fears, and noted that she and Seidle had worked out there differences and they no longer maintained any animosity toward one another," Gramiccioni said.
Seidle's service weapon was given back to him with conditions -- he could only have it on duty, he was prohibited from having personal weapons, he needed to continue therapy and couldn't have contact with Tamara Wilson-Seidle. He was eventually fully rearmed by the prosecutor's office after the Neptune police chief indicated Seidle cooperated with the conditions, Gramiccioni said.
A second internal affairs investigation was launched "in an abundance of caution" after an incident on March 28, 2014, in which Seidle cursed at responding officers, Gramiccioni said. This time, Tamara Wilson-Seidle had indicated she wanted to file a criminal complaint against him, but she never did. Seidle was placed on administrative leave pending another fitness for duty evaluation, after which he received a 30-day suspension and had to undergo therapy for lashing out at the officers.
The only report of physical confrontation involving Philip Seidle came on Jan. 27, 2012, but it did not involve Tamara Wilson-Seidle. On that day, Philip Seidle's then-girlfriend called Tinton Falls police to report that he had had put his hands around her neck and pushed her following an argument.
Again, no charges were filed and Tinton Falls police never notified the Neptune Township Police Department of this incident -- and there was no policy requiring such notification.
"None of these matters resulted in the filing of criminal charges or the issuance of a restraining order, thus triggering mandatory disarming and notification to my office," Gramiccioni said.
Policy changes to come
Gramiccioni said the findings from the investigation would lead to multiple changes to countywide policies.
To address the lack of communication, all police departments in Monmouth County will now be retrained on the appropriate protocols and procedures in relaying information by police radio during critical incidents.
In regards to domestic incidents involving police officers, the prosecutor's office will enhance its early-warning policy. This will require mandatory reporting to the prosecutor's office of all allegations regarding officers who either committed or are victims of domestic violence, whether charges were filed or not.
If a domestic incident happens outside an officer's town of employment, that municipality will be required to report it to the officer's employer and the prosecutor's office.
The prosecutor's office will now be notified: any time an officer undergoes a fit for duty evaluation, is disarmed or receives three citizen complaints in a six-month period. It will also receive an itemized list of all materials forwarded to a physician that conducts fitness for duty evaluations for officers.
Additionally, Tinton Falls police will receive more training on domestic violence reporting and use of victim notification forms and to complete incident reports.
"While the law enforcement response to this matter had its flaws in some regard," Gramiccioni said, "none of them caused the death of Tamara Seidle. Philip Seidle did."
Alex Napoliello may be reached at anapoliello@njadvancemedia.com. Follow him on Twitter @alexnapoNJ. Find NJ.com on Facebook.