BELMAR — Police Chief Tina Scott has issued a second press release regarding the arrest of a surfer on Belmar beach this past Tuesday, along with body camera footage from the arresting officer during the incident.
The Aug. 22 press release and body camera footage , issued by Chief Scott on the Belmar Police Department Facebook page, comes two days after the arrest of a surfer on 19th Avenue beach — an altercation that sparked outrage online after a witness of the arrest posted footage on Facebook.
In the video shared to Facebook by an onlooker, the individual, Liam Mahoney, 28, of Junction City, California, is shown to be restrained by two special officers of the police department before one officer, Special Officer Ryan Braswell, puts his arm around Mahoney’s neck and brings him to the sand to cuff and arrest him.
(The video can be viewed on multiple online posts, including this one on Reddit . Warning: the video has disturbing language and the contents may not be appropriate for all ages.)
Mahoney was charged with Disorderly Conduct and Resisting Arrest, both disorderly persons offenses, as well as Obstruction of Justice, a petty disorderly persons offense, according to the an Aug. 21 press release. He was also issued a summons for Beach Badge Required.
“To be clear, Mr. Mahoney was not arrested for not having a beach badge,” the latest press release, shared on Aug. 22 states. “He was arrested because he obstructed the officer’s investigation by refusing to give his identification or pedigree information. Mr. Mahoney was also advised he was not free to leave and continued to walk away during this encounter.”
In the body camera footage released by the department on Aug. 22, Mahoney is seen to be approached by officers and asking for a beach badge, to which Mahoney responds “I don’t need one.”
When Mahoney attempts to leave the conversation and head towards the water, Special Officer Braswell can be heard saying, “You’re not free to leave. You are (being detained), and if you take another step you will be arrested, I promise you, I promise you.”
Mahoney asks, “Because I’m surfing?” to which Braswell responds, “Yes.”
Braswell explains that he needs a beach badge and requests Mahoney’s information.
“I’m not going to argue with you, are you going to provide your information?” Braswell is heard saying. He offers to email Mahoney the laws directing beach badge requirements to access the water.
After again refusing to give his information, Mahoney then attempts to leave in the direction of the showers towards the boardwalk, to which Braswell says, “You are not free to go.”
The press release states, “At this point, Mr. Mahoney was told that he was not free to leave, and he continued to walk away. Officer Braswell then advised him that he would be placed under arrest if he did not cooperate. Mr. Mahoney continued to leave while Officer Braswell followed him. Once Officer Braswell was able to catch up with Mr. Mahoney, he was asked multiple times to drop his surfboard, which he refused. Officer Braswell then removed the surfboard from Mr. Mahoney so that he can be placed under arrest.”
The body camera footage shows Braswell follows Mahoney to the boardwalk access point, along with another special officer. Once on the mobi-mats, Braswell tells Mahoney to drop his surfboard and handcuffs can be heard being pulled out. Braswell appears to knock the surfboard from Mahoney’s hands onto the sand.
Another individual, a woman, then joins the scene to ask the officers why they are arresting Mahoney. She can be heard saying, “This is ridiculous, he has his badge right here.”
The press release states, “Mr. Mahoney was told approximately nine to ten times to place his hands behind his back, but he continued to resist, preventing Officer Braswell from handcuffing him. Officer Braswell continued to speak with Mr. Mahoney to try to de-escalate the situation and avoid additional physical contact. Mr. Mahoney continued to not cooperate with Officer Braswell, who then took him to the ground to gain control of his arms in order to place him under arrest.”
In the body camera footage, Braswell asks Mahoney several times to put his hands behind his back, to which Mahoney refuses, asking “What did I do wrong?” multiple times before saying “That’s my (explicit) badge, I walked up to the shower.” Neither officer answers Mahoney’s question.
Both officers are seen to grab Mahoney by the arms, as Mahoney is shown to have his hands clasped together in front of him.
Following this, the three individuals shuffle, as Braswell puts his arm around the neck of Mahoney before landing on the sand, with Braswell yelling, “Put your hands behind your back, stop resisting, put your hands behind your back.”
“No, I have a badge, I’m not letting you arrest me,” Mahoney can be heard saying, while officers are continuing to pry at his arms in an attempt to put them behind his back.
Once the handcuffs are placed on him, Mahoney is led off the beach. Mahoney repeatedly asks for the handcuffs to be loosened, saying they are too tight and cutting off circulation, but as Braswell leads him from the scene, the officer can be heard saying “You should have thought of that before you fought with us for five minutes.”
Mahoney is then brought to the street where a police vehicle is waiting. His cuffs are not loosened and the door to the back of the police vehicle is closed.
The video concludes with Braswell conferring with other officers responding to the scene.
According to the Aug. 22 press release, “During the week, officers received multiple complaints regarding surfers illegally entering the beach across the dunes. The gate attendants requested these surfers to show their beach badge, however, their requests went ignored. On this date, the officers who were assigned to the beachfront conducted a check for daily and seasonal badges.”
The requirement of beach badges for surfers on Belmar beach has become a topic of concern in the aftermath of Mahoney’s arrest. While borough code states that “each and every person entering upon and using the beachfront of the borough, whether for the purpose of using the water adjacent thereto for bathing or swimming or otherwise, shall obtain and display a badge,” several residents have voiced on social media that they have never needed to display a badge to surf on the beach.
The police press release states, “The Borough is aware of some misconceptions of the law that have been circulating prior to the subject incident but seem to have gained additional traction since. Pursuant to N.J.S.A. 40:61-22.20 all municipalities bordering on the Atlantic Ocean have the right to charge reasonable fees for the purpose of maintaining the beach and bathing areas and for providing facilities and safeguards for people using such areas. This is so notwithstanding the right to access afforded by the Public Trust Doctrine and the requirement to pay a fee applies to all persons not otherwise subject to the exceptions of the Statute.”
“Surfers are not the subject of the exceptions,” it states.
Senior Legal Associate at Surfrider Foundation Staley Prom, in request for comment by The Coast Star, said, “The Surfrider Foundation believes that surfing is not a crime and that the world’s beaches are public resources that should be open, free, welcoming to, and safe for all people. We encourage all beachgoers to look out for each other to keep everyone safe.”
A review of the arrest and the circumstances leading up to the incident is being conducted in accordance with applicable New Jersey Office of the Attorney General (OAG) guidelines.
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