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Herbert Tozer Indicted on Murder Charge

RIO GRANDE - Cape May County Prosecutor Robert L. Taylor and Middle Township Police Chief Christopher Leusner announce the grand jury indictment of Herbert E. Tozer, 51, for murder charges that resulted from an assault that occurred on Jan. 10 at a Rio Grande motel.  

On Jan. 10 at approximately 2:30 a.m. Middle Township Police Department responded to a motel in the 1600 block Route 47, in Rio Grande, for a report of an injured male. Upon arrival, officers discovered Robert Niemczura, 46, of Rio Grande, suffering from a stab wound and a laceration to his neck. Niemczura was airlifted to AtlantiCare Regional Medical Center where he later died as a result of his injuries.

Tozer was initially charged on Jan. 10 with aggravated assault and weapons charges. On Jan. 17, Tozer was charged with first degree murder. 

On March 28, Tozer was indicted by a Cape May County grand jury on the following charges:

  • Murder, first degree
  • Aggravated assault, second degree
  • Hindering apprehension, third degree
  • Possession of a weapon for an unlawful purpose, third degree
  • Unlawful possession of a weapon, fourth degree

Prosecutor Taylor advises that a person convicted of murder is subject to a term of imprisonment of 30 years to life in New Jersey State Prison. A person convicted of a first degree crime can be sentenced to a term of 10 to 20 years in State Prison, a second degree crime can be sentenced to five to 10 years, a third degree crime is subject to a term of imprisonment of three to five years, and a fourth degree crime can carry a sentence of up to 18 months in State Prison.

Prosecutor Taylor commends the joint efforts by all of the agencies involved in this investigation. Prosecutor Taylor also urges anyone who has information concerning this investigation to contact the Prosecutor's Office at 609-465-1135, or the Middle Township Police Department at 609-465-8700 or text TIP IVITPDTIPS followed by your message to 888777 or through the Cape May County Sheriff's Tip Line at cmcsheriff.net and click on anonymous tip.

The charges and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty. This report is based on information received from the Prosecutor's Office.