Judge: Florham Park man insane when he threatened cops

A Florham Park man who is diagnosed with bipolar disorder and abuses illegal drugs was found not guilty by reason of insanity Wednesday of throwing Molotov cocktails at police when they forced their way into his condominium during the course of a check on his well-being.

Superior Court Judge Stuart Minkowitz, sitting in Morristown, declared Daniel Silvio Fargnoli, 32, not guilty by reason of insanity of attempting to murder a law enforcement officer on Dec. 17, 2013. The judge made the finding on only one charge lodged against Fargnoli and dismissed multiple other charges.

A defense-hired psychiatrist, nationally-recognized Dr. Steven Simring, had opined that Fargnoli could be treated and monitored for his mental illness on an out-patient basis. Dr. Suzie Chung, a clinical psychologist for the Ann Klein Forensic Center in Trenton, opined that Fargnoli should, for now, be housed in a secure mental health facility such as Greystone Park Psychiatric Hospital because his condition could “destabilize” without close supervision.

Noting the differences of opinion on how Fargnoli could appropriately be treated, Minkowitz ordered that doctors at Ann Klein re-evaluate Fargnoli to see if there are appropriate but “less-restrictive” housing possibilities than institutionalization for him. Fargnoli has been housed for most of his arrest at the Sussex County jail and was remanded there but then will be sent to Ann Klein to undergo another evaluation. The judge said he would review the case in 90 days.

Defense lawyer Edward Bilinkas has said that Fargnoli, who has been hospitalized for his bipolar disorder and is supposed to take medication but goes off it at times, believed he was “under siege” when a large group of officers forced their way into his condominium on Dixon Drive in Florham Park.

Police went to his home to conduct a welfare check, after members of the condominium association expressed concerns about his erratic behavior and persistent loud music. He refused to exit his home and allegedly threatened to kill police with a bomb or weapon. Fargnoli was treated as a “barricaded” subject and police decided to enter the home, the judge noted, reciting from reports.

A perimeter around the home was established and police attempted to communicate with Fargnoli through a public address system and by calling the home, but they weren't successful. A decision was made to enter the home after "snipers" saw Fargnoli within the home trying to ignite a container full of liquid with a lighter, according to Bilinkas.

When police entered, Fargnoli, on the top floor of the house, told them to "stand down" and then threw a Molotov cocktail down a stairwell. That's when one officer fired a shot that missed Fargnoli and lodged in a wall, according to a report Bilinkas received.

The judge said the Molotov cocktail consisted of a flammable liquid poured in a milk jug stuffed with a rag. It was thrown, and part of the liquid splattered on a police officer, which could have caused his death if the jug had exploded, the judge said.

The judge made his insanity finding based upon psychiatric reports submitted to him. Morris County Assistant Prosecutor Sahil Kabse did not oppose the psychiatric conclusions.

Simring, the defense psychiatrist, had found that Fargnoli was “acutely psychotic” at the time of the incident and believed he was being attacked.

“He believed police were enemies who planned to harm him,“ Minkowitz said, referring to Simring’s conclusions.

Staff Writer Peggy Wright: 973-267-1142; pwright@njpressmedia.com