UPDATED Oct. 26, 2026: The Cape May County Prosecutor's Office appealed the release order and a stay was granted, Middle Township Mayor Christopher M. Leusner says. Lopez-Perez remains in custody.

CAPE MAY COURT HOUSE, Oct. 26, 2026 — The Cape May County Prosecutor's Office appealed an Atlantic County Superior Court judge's order Monday releasing Lucio Lopez-Perez, 36, of Erma, before trial, and a stay was granted, Middle Township Mayor Christopher M. Leusner said. Lopez-Perez remains in Cape May County custody until his next court date in December, Rep. Jeff Van Drew's office said.

The prosecutor's office "acted quickly to appeal that decision" and "a stay was granted to prevent his release," Middle Township Mayor Christopher M. Leusner said in a statement Monday evening. Leusner said Lopez-Perez should remain detained, answer to the charges in a New Jersey courtroom and then be turned over to ICE for deportation proceedings.

The judge had denied two motions by the Cape May County Prosecutor's Office to keep Lopez-Perez in jail until trial, court records show. An immigration detainer from U.S. Immigration and Customs Enforcement remains in place, The Press of Atlantic City reported.

Lopez-Perez is charged with driving while intoxicated, assault by auto and violation of public health and safety law resulting in serious bodily injury, along with traffic offenses, after Middle Township Patrolman Austin Kapurelos was struck during a traffic stop on Route 47 South on Oct. 16, according to Middle Township police. Kapurelos was taken to AtlantiCare Medical Center in critical but stable condition, police said.

Van Drew said Kapurelos was thrown 30 feet and suffered a compound fracture, a bruised lung and multiple broken bones. The congressman, whose office describes Lopez-Perez as in the country illegally, called the release order "absolutely outrageous" and said he wants local authorities to cooperate with ICE so Lopez-Perez is "transferred into federal custody when his state detention ends."

The prosecutor's office filed pretrial detention motions on Oct. 17 and Oct. 20. Judge Jeffrey J. Waldman heard both Monday and denied them, according to the court record.

Charges are allegations. The defendant is presumed innocent unless and until proven guilty.

As first reported by The Press of Atlantic City. Sources: New Jersey Courts; Middle Township Police Department; Office of Rep. Jeff Van Drew; Middle Township Mayor Christopher M. Leusner.