A heated property dispute over trimming branches turned into a Colts Neck Backyard Tree Assault that ended with a homeowner in handcuffs. On a Sunday evening in May 2024, what started as a disagreement over a shared stairwell at the American Water Co. Reservoir escalated into physical violence. Police arrived at Lakeside Avenue to find neighbors filming each other and a victim with visible facial injuries from a tree branch.
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The Dispute Over the American Water Co. Reservoir Access
The incident began when Jennifer Aquino, who was visiting a neighboring property, walked down toward a water access point. She noticed tree branches at eye level blocking the path.
Ms. Aquino decided to take action by fetching loppers to trim the obstructing branches. This path is located near a stairwell connecting the backyards of 297 and 307 Lakeside Avenue.
Kathleen Foley, the 76-year-old owner of the neighboring home, saw the trimming and became immediately agitated. The disagreement centered on who truly owned the land and the rights to maintain the foliage.
Escalation: Loppers, Cell Phones, and Shaking Branches
As Ms. Aquino continued to cut the branches, Ms. Foley approached her aggressively, screaming for her to stop. Both women pulled out their cell phones to record the encounter.
Ms. Foley eventually placed herself directly in front of the tree to block any further cutting. The tension peaked when Ms. Aquino told Ms. Foley, “If you touch me, we got a problem”.
According to police reports, Ms. Foley then grabbed a branch still attached to the tree and shoved it into Ms. Aquino’s face. The “shaking” of the branch caused minor lacerations to the right side of the victim’s face.
Watch: Colts Neck Backyard Tree Assault Caught on Camera
Note: Pay close attention to the timestamp at 00:01:13 where the situation escalates as Ms. Aquino cries out, “Oh, you’re hitting me! Oh, wow. Definitely assault”.
Full Story: How the Incident Unfolded
The transcript reveals a chaotic scene where both parties felt they were in the right. Ms. Foley claimed the property was hers and that she had “No Trespassing” signs posted. “This is not your property. Stop it!” Ms. Foley shouted during the confrontation.
Ms. Aquino maintained she was simply clearing a path she believed was public or shared access. A neighbor, James Turiano, was also present during the dispute, attempting to protect Ms. Aquino during the “full force” escalation.
When Colts Neck Police arrived, they interviewed both parties and reviewed the cell phone footage. Officer Campan noted that Ms. Aquino had visible marks on her face consistent with being struck by a branch.
The Arrest: Charges Against Kathleen Foley
After reviewing the video evidence from both phones, officers determined there was probable cause for an arrest. Ms. Foley was taken into custody in her backyard.
| Charge | Simple Explanation | Potential Penalty (US) |
| Simple Assault | Purposely or recklessly causing bodily injury to another person. | Up to 6 months in jail and/or a fine of up to $1,000. |
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Legal Analysis: Was the Colts Neck Backyard Tree Assault Justified?
Fourth Amendment Check: The responding officers acted within legal bounds by entering the backyard to investigate a reported crime in progress (Terroristic Threats/Assault). The arrest was based on direct observation of injuries and video evidence provided by both the victim and the suspect.
Police Protocol: Officers followed standard procedure by separating the parties, documenting injuries with photographs, and reading Miranda Rights upon arrest. They also checked the backseat of the patrol car before and after transport to ensure no contraband was left behind.
[Read more Evidence Decode investigations here]
5 Critical Simple Assault Charges FAQ: Understanding the Kathleen Foley Case
What qualifies as Simple Assault in a case like this?
Simple assault generally occurs when a person attempts to cause, or purposely, knowingly, or recklessly causes bodily injury to another. In the Colts Neck incident, the act of “shaking” a tree branch into someone’s face, resulting in minor cuts, met the criteria for this charge. It also includes “physical menace,” which is putting someone in fear of immediate bodily injury.
Can you be arrested if there are no serious injuries?
Yes. Law enforcement can make an arrest for simple assault even if the victim declines medical services (EMS). As long as there is evidence of physical contact that caused “minor lacerations” or bodily discomfort, the legal threshold for simple assault is met. In this case, the victim’s visible facial marks were enough for the officer to proceed with the arrest.
What are the potential penalties for Simple Assault?
In New Jersey, where this incident occurred, simple assault is typically classified as a disorderly persons offense. | Penalty Type | Details | | :— | :— | | Jail Time | Up to 6 months in county jail. | | Fines | Fines can reach up to $1,000. | | Probation | A judge may order a period of supervised probation. | | Permanent Record | A conviction results in a criminal record that can affect future employment. |
How does video evidence impact these charges?
Video evidence is often the deciding factor in “he-said, she-said” disputes. In the Foley case, both parties were recording on their iPhones. The officer reviewed the footage from both phones at the scene, which provided clear evidence of the assault and led directly to the decision to place Ms. Foley under arrest.
Is “Protecting Property” a valid defense for assault?
While individuals have a right to protect their property, they generally cannot use physical force against another person unless they are facing an immediate threat of harm. In this case, although Ms. Foley claimed the tree was on her property and the neighbor was trespassing, the act of striking the neighbor with a branch was viewed as an excessive and illegal response. Property disputes are typically expected to be handled through police intervention or civil courts, not through physical confrontation.
Conclusion & Current Status
Kathleen Foley was transported to police headquarters, processed, and released on a summons. She was provided with a mandatory court date to answer for the simple assault charge. Ms. Aquino declined medical treatment at the scene but was provided with a victim notification form.
Download Police Report click here.
Disclaimer: All suspects are presumed innocent until proven guilty in a court of law. This report is based on official police records.
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