Longport was justified in firing an 18-year police veteran who tested positive for drugs after allegedly mishandling evidence during an investigation, an appellate panel ruled.
David Cincotta was one of five officers given a random drug test Nov. 11, 2019 by Chief Frank Culmone.
The then-sergeant filled out the paperwork required as part of the test, but did not disclose that earlier in the day he had handled what was believed to be crack cocaine while assisting Linwood police in a motor vehicle stop, according to court documents.
During the arrest, Cincotta recovered a suspected crack pipe along with “two or three small stones and powder, and small pieces of paper” and continued to “manipulate the objects with ungloved hands” for approximately six minutes, documents state.
Cincotta finally put on gloves at the suggestion of Longport Police Officer Quinton Wright, according to the record.
When Cincotta got back to the station, he removed the gloves and then ate food without washing his hands. He also would later say his nail-biting habit may have added to his unintentional ingestion of the drug.
Cincotta’s random test came back positive for cocaine, and he was terminated following an internal investigation and subsequent hearing.
Sgt. James Silva’s investigation found Cincotta violated several Longport Police Department rules and regulations, including failure to follow procedures for handling evidence, performance of duty and illegal drug use.
Dr. Harry Milman, a pharmacology/toxicology expert, testified on Cincotta’s behalf during a four-day hearing before Hearing Officer Steven Secare on various dates in May, June and July 2021.
While the expert did say that the combined effect of transdermal contamination, potential ingestion and potential inhalation could account for the positive test results, the amount of cocaine in Cincotta's system "undoubtedly was more than it would have been had his exposure to cocaine been only by [trans]dermal contact."
Milman also noted on cross-examination that the amount of benzoylecgonine — the primary metabolite of cocaine — in Cincotta's system “was significantly higher than that found in the urine of a narcotic criminalist, one who routinely handles cocaine as part of their job in a narcotics laboratory.”
Judge Danielle Walcoff affirmed the charges and discipline in a review of the evidence at the time.
She concluded that the language of the guidelines is unambiguous and does not carve out exceptions for "accidental exposure or accidental ingestion."
The appellate judges agreed in their decision this week, finding “that Cincotta's complete disregard for safety measures was egregious.”
“Cincotta's violation of the pertinent policy and regulations ‘went to the heart’ of his ability to dutifully carry out his responsibilities and constituted conduct so ‘unbecoming’ a police officer, termination was a proportionate punishment, notwithstanding his favorable disciplinary record,” the judges wrote.
Cincotta’s attorney, Stuart Alterman, told NJ.com that the courts have abandoned police in New Jersey.
“The court relied upon a policy that discusses use of illicit drugs,” Alterman told the publication. “David Cincotta did not use illicit drugs. While he shouldn’t have, he came in contact with crack cocaine.”
