A Toms River man faces theft charges after allegedly stealing a cell phone from an accident victim. Police say the incident occurred Sunday night after a motorcyclist and his passenger were ejected after striking a curb in the Kmart Plaza parking lot off Route 37.

Captain Steven Henry says one of the responding officer's observed a cell phone on the ground near the crash scene before he began assisting the victims. However, when he returned to retrieve the phone it was no longer there. Henry says the officer began questioning witnesses who told him that a male subject was in the area of the phone and left in a hurried manner.

Following those leads, Police arrested 28-year-old James Rivera in a nearby tavern in possession of the victim's cell phone.

The motorcyclist, 49-year-old Avo Kubar of Brick Township, was airlifted to the Jersey Shore University Medical Center in Neptune with extensive internal injuries. His passenger, Erica Pach-Doyle was transported to Community Medical Center with serious injuries.

Responding to the scene was Toms River EMS, Silverton EMS and MONOC Paramedics. Captain Henry says at this time it's unknown why Kubar struck the curb. The investigation is being conducted by Traffic Safety Officer David Bartoshek.