A 25-year-old Newark man is facing assault, criminal mischief and criminal trespass charges after police say he attacked a CVS employee and hurled merchandise through the aisles of the Upper Montclair store, leaving the worker with facial injuries and a customer needing treatment from EMS after being struck in the head with a shampoo bottle.
According to DailyVoice.com, Montclair police officers responded to the CVS at 565 Valley Road last Thursday, Aug. 13, after an employee reported that a person previously trespassed from the store had entered the pharmacy and was told to leave. The suspect reportedly became irate, attacked the employee, and threw store merchandise throughout the aisles before fleeing the scene, the outlet reported.
The employee sustained facial bruising, a small laceration to the left eye and nose, and a swollen lip, and was transported to a nearby hospital, per the report. A CVS customer was also treated by EMS after being struck in the head with a shampoo bottle during the disturbance. The 25-year-old Newark man was ultimately arrested and charged with two counts of assault, along with criminal mischief and criminal trespass, though Montclair police have not publicly identified him.
A Familiar Face the Store Had Already Banned
The account of a previously trespassed individual returning to the property adds a legal wrinkle to the case. Under New Jersey's criminal trespass statute, N.J.S.A. 2C:18-3, a person who knowingly enters or remains on property after receiving clear notice to leave can face charges ranging from a petty disorderly persons offense up to a fourth-degree crime carrying as much as 18 months in prison, according to the Law Offices of Jonathan F. Marshall. Store owners can revoke entry rights either verbally or in writing, meaning the earlier ban cited in the police account could carry weight in how prosecutors pursue the trespassing count.
The assault charges themselves carry their own statutory framework. Simple assault under N.J.S.A. 2C:12-1 is generally a disorderly persons offense in New Jersey, punishable by up to six months in county jail and fines as high as $1,000, per Justia Law. But the calculus for retail assaults shifted last year: in April 2025, Governor Phil Murphy signed legislation upgrading simple assault to aggravated assault when committed against a retail employee performing their job duties, according to the New Jersey League of Municipalities. It remains unclear whether Essex County prosecutors intend to pursue the case under that upgraded standard given the severity of the injuries described.
Merchandise Thrown, Damage Unclear
The report lists criminal mischief among the charges and separately says the suspect allegedly threw merchandise throughout the store's aisles, though the amount of any damage is not specified in the account. New Jersey law treats damage under $500 as a disorderly persons offense, while damage from $500 to $2,000 is a fourth-degree crime and damage of $2,000 or more is a third-degree crime, per Justia Law. Without a confirmed damage estimate, it is not yet known which tier applies in this case.
The CVS at 565 Valley Road operates as Store #00298 in Upper Montclair, a neighborhood Census Reporter estimates is home to about 12,500 residents, according to Census Reporter. The Township of Montclair's zoning and land-use regulations identify the area as the Upper Montclair Historic Business District. CVS's downtown Montclair location on Bloomfield Avenue was scheduled to close later in September 2024, and coverage also identified CVS locations on Valley Road and Claremont Avenue, per The Montclair Girl.
Part of a Broader Retail Security Push
Montclair police responded to the incident at a township retail store.
The incident also lands amid a broader focus on retail crime and enforcement. The legislation addressed assaults on store workers. It remains unclear whether any formal ban or restraining notice had been filed against the Newark man before last Thursday's incident.
