JERSEY CITY POLICE SHOOTING- PUBLIC STATEMENT
On January 28, 2016, a Jersey City Police Department officer was involved in a non-fatal police shooting on Virginia Avenue in Jersey City, New Jersey. In accordance with New Jersey Attorney General Law Enforcement Directive 2006-05 and the July 28, 2015 Attorney General Supplemental Law Enforcement Directive Regarding Uniform Statewide Procedures and Best Practices for Conducting Police Use of Force Investigations (collectively “Attorney General’s Directive” or the “Directive”) this matter was fully investigated and reviewed by the Hudson County Prosecutor’s Office (“HCPO”), independently of the Jersey City Police Department. The investigation was conducted after completion of a comprehensive conflict inquiry which ensured that there were no actual or potential conflicts of interest by the HCPO Office personnel. The investigation consisted of interviews, documentation of records, and the collection of forensic and video evidence.
All relevant and credible evidence gathered during the investigation was examined. Based on the undisputed facts reached during the investigation, the HCPO has determined that the officer’s use of force was justified under the law. Therefore, the HCPO will not be presenting the matter to a Grand Jury. The following is a summary of events supported by the evidence gathered during the investigation.
In the early morning hours of January 28, 2016, the Jersey City police officer involved in the shooting (“Police Officer 1”) and his partner (“Police Officer 2”) (collectively, “the Officers”) were on patrol in Jersey City’s South District. The Officers were in plain clothes capacity and onboard an unmarked patrol vehicle equipped with lights and sirens. Shortly after midnight, the Officers were advised by dispatch of a stolen Toyota Solara (“Solara”) observed in the area of Communipaw Avenue and Grand Street. The Officers travelled to that area and began searching for the vehicle.
At approximately 12:37 a.m., the Officers observed the Solara driving northbound on Ocean Avenue. The Officers attempted to engage the Solara but temporarily lost sight of it. A few minutes later, the Officers located the Solara travelling southbound on Martin Luther King Drive. The Officers activated their police lights and sirens and the Solara immediately accelerated. The Solara continued driving at a high rate of speed, travelling west on Forrest Street and turning south on Ocean Avenue. The Solara then lost control and struck a parked vehicle while turning westbound onto Virginia Avenue.
Following the collision, the Solara’s engine remained running. The Officers stopped behind the Solara and exited their patrol vehicle. In an effort to gain control of the vehicle and driver, Police Officer 2 opened the Solara’s front passenger door and reached into the Solara’s cabin. Police Officer 2 announced himself as a police officer and gave the Solara’s driver verbal commands to turn the ignition off.
While Police Officer 2 remained partly inside the Solara’s passenger door, the driver reversed the Solara, struck the Officer’s patrol vehicle, and then quickly began driving forward. Police Officer 2 was unable to exit the Solara and struggled to maintain his balance. The Solara veered towards a row of vehicles parked on the side of Virginia Avenue. Believing that Police Officer 2 would be pinned between the Solara and the parked vehicles, Police Officer 1 discharged six (6) rounds at the fleeing Solara in an effort to disable the driver and ensure Police Officer 2’s safety.
Two of the rounds struck the driver of the Solara and caused the vehicle to change course. Police Officer 2 was then able to dislodge himself from the Solara. The Solara ultimately struck three (3) additional parked vehicles before coming to a stop. The Officers immediately advised dispatch of the firearm discharge and proceeded to check on the driver’s condition. The driver was subsequently transported to the Jersey City Medical Center to be treated for his injuries.
The HCPO responded to the scene and conducted an independent investigation into the entire incident. The investigation included an extensive search of the scene for civilian witnesses and physical evidence. Surveillance footage displaying parts of the vehicular pursuit was recovered from three (3) separate locations in the area. Furthermore, all of the Jersey City Police Department radio transmissions related to this investigation were obtained and reviewed. HCPO investigators also recovered six (6) shell casings at the scene. A ballistics examination determined that the shell casings were all fired by Police Officer 1. Finally, HCPO investigators obtained voluntary sworn statements from each of the Officers. These statements corroborated the forensic and physical evidence, as well as the radio transmissions made throughout the encounter.
After a thorough review of all the evidence, the HCPO concluded that the use of force by Police Officer 1 was justified under the Attorney General’s Directive and the applicable law regarding the use of deadly force for the protection of others. The undisputed facts show that the Solara drove and veered towards parked vehicles while Police Officer 2 remained partly inside the Solara’s passenger door. Accordingly, the HCPO determined that Police Officer 1 reasonably believed or concluded (feared) Police Officer 2 would suffer death or serious bodily injury.
Pursuant to the Attorney General’s Directive and N.J.S.A. 2C:3-4, an officer is permitted to use deadly force when the officer reasonably believes such action is immediately necessary to protect another person from imminent death or serious bodily harm.
The results of this investigation and the legal conclusions reached were reviewed by the Attorney General’s Office. The Attorney General’s Office agreed with the HCPO’s conclusion that the use of deadly force was legally justified and that there are no material facts in dispute that require presentation of this matter to the Grand Jury.