Plainfield Man Faces Attempted Murder Charge in Red Oak Diner Shooting

A Monmouth County Grand Jury returned an indictment today charging Jermaine Foster, 34, of Plainfield with attempted murder and other charges related to the alleged shooting of his 35-year old ex-girlfriend on February 6, 2011, according to the county Prosecutor's Office.

The incident took place in just before 5 a.m. outside the Red Oak Diner in Hazlet, where the victim, Kelly Cullari, a mother of two, had finished her shift as a waitress.

The Grand Jury's vote to indict on June 28 only means charges can be filed; it does not indicate Foster's guilt or innocence. 

On that snowy morning back on Feb. 6, Hazlet Police arrived to find Cullari lying unresponsive in a flower bed, with gunshot wounds to her face, arm, neck and upper torso, according to their report.

Diner employees were caring for her when emergency services arrived, including Holmdel Emergency Medical Services and Monmouth Ocean Hospital Services Corporation (MONOC) paramedics. She was transported to Jersey Shore University Medical Center where she remained in critical condition for days, and underwent several surgeries, said police. 

According to the investigation, Foster was upset with the victim's desire to end their relationship. He had come looking for her at the restaurant, located near Route 35 and Poole Avenue, and an argument ensued, they said. Outside, police say Foster pulled out a handgun and shot her several times. 

It took police only a few hours to track Foster down at a house in Linden where he was arrested, without incident, by the Hazlet Township Police Department and the Monmouth County Prosecutor's Office, with the assistance of the Linden Police Department, say officials. Police said they recovered the handgun and suspected cocaine inside the house. Foster was transported to Monmouth County Correctional Facility, where he remains behind bars on $1 million bail, according to the Prosecutor's Office. 

He is charged with Attempted Murder in the first degree, Possession of a Weapon for an Unlawful Purpose in the second degree, Unlawful Possession of a Weapon in the second degree, and Possession of a Controlled Dangerous Substance in the third degree.

If convicted, Foster faces a maximum sentence of up to 20 years in jail on the first degree Attempted Murder charge, and up to 10 years in prison on each second degree weapons charge, say police.

The attempted murder charge is subject to the "No Early Release Act," which means that Foster must serve 85% of any sentence imposed prior to becoming eligible for parole, according to police.

In addition, Foster potentially faces an additional sentence of up to 5 years if convicted of third degree Possession of a Controlled Dangerous Substance, say police. 

The next court proceeding will be an arraignment, which is the formal presentation of the indictment to the defendant. The arraignment will be scheduled within the next 45 days before Superior Court Judge Thomas F. Scully, to whom the case has been assigned.

This case is being prosecuted by Assistant Prosecutor Matthew Bogn. Defense counsel has not yet been determined.