PUBLIC STATEMENT – RESULTS OF THE INVESTIGATION INTO THE NON-FATAL USE OF DEADLY FORCE BY MEMBERS OF THE JERSEY CITY POLICE DEPARTMENT ON JULY 1, 2019
On December 5, 2019 a Hudson County Grand Jury returned a “no bill,” declining to file criminal charges against three Jersey City Police Officers involved in the non-fatal use of deadly force on July 1, 2019, in the area of 331 Randolph Avenue, Jersey City, New Jersey. The Grand Jurors determined that sufficient evidence existed to conclude that the officers’ actions were justified under the applicable law. All relevant evidence was presented to the Grand Jury over the course of three days: November 14, 2019; November 21, 2019; and December 5, 2019.
The matter was investigated and presented to the Grand Jury in accordance with New Jersey Attorney General Law Enforcement Directive 2006-05 and the July 28, 2015 Supplemental Law Enforcement Directive Regarding Uniform Statewide Procedures and Best Practices for Conducting Police Use-of-Force Investigations (hereinafter “July 28, 2015 Supplemental Directive.”)[1]
The Hudson County Prosecutor’s Office conducted the investigation independently of the Jersey City Police Department. In accordance with Section 3 of the July 28, 2015 Supplemental Directive, the Hudson County Prosecutor’s Office performed a comprehensive conflicts check which revealed no actual or potential conflicts that would undermine the public confidence in the investigation. The results of the comprehensive conflicts check were submitted to the Office of the Attorney General, Division of Criminal Justice (hereinafter “DCJ.”) On or about July 3, 2019, DCJ determined that the Hudson County Prosecutor’s Office was the appropriate independent agency to conduct the investigation.
The Hudson County Prosecutor’s Office investigation consisted of interviews of civilian and police witnesses identified at the scene, review of the police reports filed in the matter, an extensive scene canvass for surveillance video, an extensive scene canvass for any additional civilian witnesses, scene processing, and the collection and subsequent testing of ballistics evidence. The investigation included the sworn, voluntary recorded statements of the police officers and civilian witnesses who were present for the incident and who were willing to give statements. In accordance with the July 28, 2015 Supplemental Directive, the witnesses were not provided access to any surveillance video secured during the investigation. The Prosecutor’s Office investigation revealed the following facts and circumstances regarding the incident:
On July 1, 2019, shortly before 10:14 p.m., Jersey City Police Lieutenant Crisant Bereguette, Jersey City Police Officer Raymond Vazquez and Jersey City Police Officer Michael Jacobo arrived at the Randolph Avenue entrance to the Arlington Gardens Apartment Complex to begin a routine patrol. The three officers were assigned to the Jersey City Police Department Housing Unit. Officers Vazquez and Jacobo arrived in the marked Housing Unit Patrol Van. Lt. Bereguette arrived in a separate marked patrol unit. The officers were dressed in full uniform.
The police vehicles entered the rear parking lot of the Arlington Gardens Apartment complex, exited their patrol vehicles, and prepared to patrol the apartment buildings. Shortly after the marked patrol vehicles pulled into the parking lot and out of the sight of the traffic on Randolph Avenue, Mr. Davonte Moore exited a 2013 Nissan Altima on Randolph Avenue, south of that parking lot. The Altima contained at least three other passengers; a driver later identified as T.G., the front seat passenger later identified as K.G., and the back seat passenger, Mr. Shyquan Rush.
The three (3) other men remained in the vehicle as it continued north on Randolph Avenue, past the parking lot where the officers were beginning their patrol and past the three (3) apartment buildings at 331, 335 and 337 Randolph Avenue. The Altima came to a stop on the corner of Randolph Avenue and McDougall Street. Mr. Rush and Mr. Moore went to the area to shoot Roman candles at a group of friends they expected to be hanging out in the area of 331-337 Randolph Avenue. It was planned that they would approach from different directions to trap the intended targets of the Roman candle bursts.
As Mr. Moore made his way toward the intended targets from the south, a man believed to be K.G.[2] exited the Altima from the front-passenger seat and Mr. Rush exited from the passenger rear seat. Both men ignited Roman candle fireworks upon exiting the vehicle and began shooting them south, in the direction of a group of people present on the sidewalk in front of the apartment buildings at 331-337 Randolph Avenue. Mr. Rush, with the ignited Roman candle in his right hand, quickly ran past K.G., who also had an ignited Roman candle in his right hand. Mr. Rush is seen running south toward the parking lot where, unbeknownst to him, the officers were located. A minimum of six Roman candle bursts exploded prior to Mr. Rush reaching the northern-most section of the crescent-shaped driveway to the parking lot.
Immediately upon ignition of K.G.’s Roman candle, four (4) individuals standing in front of 331-337 Randolph Avenue fled south, away from Mr. Rush and K.G. and toward the parking lot, the awaiting Mr. Moore with his now-ignited Roman candles, and the police officers on patrol. Other men and woman on the sidewalk in front of 331-337 hid behind the parked cars as Mr. Rush and K.G. ran past. The four presumed intended targets fled south past the corner of 331 Randolph Avenue and then ran west, into the northern-most section of the driveway to escape Mr. Rush from the north and Mr. Moore from the southeast. The apartment building at 331 Randolph extends to the sidewalk. From where the officers were positioned in the driveway, they could not see anything north of 331 Randolph until it emerged from the building and into the driveway.
The officers heard the bursts as they walked away from Randolph Avenue. At this point, the officers were unsure whether the bursts were fireworks or gunshots, but they immediately turned to investigate. Lieutenant Bereguette was positioned closest to the side of 331 Randolph and the sidewalk. Officer Jacobo was positioned a few steps southwest of Lieutenant Bereguette. Officer Vazquez was further west up the driveway and closer to the entrance of the Arlington Gardens apartments when he heard the bursts and turned around. While the bursts were going off, the officers observed three (3) to four (4) men flee past them in fear.
Immediately after the fleeing men ran into the driveway and past the officers, Mr. Moore could be seen in the street, partially taking cover behind the parked car nearest to the entrance of the driveway, with an ignited Roman candle in his right hand and with his arm extended in a firing position. Mr. Moore could be seen shooting the Roman candle up the driveway, in the direction of the fleeing men and where the officers were positioned. Flashes could be seen coming from the extended Roman candle. Mr. Moore could be seen backing away from the parked car, toward the middle of the street with his right arm still extended in a firing position towards the fleeing men and the police officers.
Following at least the second explosion from Mr. Moore’s Roman candle, Mr. Rush could be seen approaching the driveway from the north, firing his Roman candle in the direction from where the men fled. At this point, after backing away, Mr. Moore could be seen again advancing toward the fleeing men and the officers with his right arm extended in a firing position, flash coming from his extended right arm and the Roman candle igniting and firing in the direction of the fleeing men and the officers. At this point, Mr. Moore is shot while moving forward toward the fleeing men and the officers. Mr. Moore goes down but gets back up and moves south on the sidewalk nearest the driveway when he appears to get shot again. Mr. Moore then went down on the sidewalk, south of the driveway where the officers were positioned. Mr. Moore no longer possessed the Roman candle(s).
When Mr. Moore went down the first time, Mr. Rush emerged from the corner of 331 Randolph and into the line of sight of the officers. His right arm was extended as he held an ignited Roman candle, pointed in the direction of the driveway where the fleeing men ran and where the officers were positioned, with a flash coming from the Roman candle. The credible evidence indicates that at this point, neither the officers nor Mr. Rush or Mr. Moore could distinguish the sounds of gunfire from the loud report of the Roman candle fireworks. Mr. Rush continued to move south across the driveway toward where the men fled and where the officers were firing. Mr. Rush is then shot in the calf. He fell to the ground, quickly got to his feet, turned, and ran north towards the waiting Nissan Altima.
Mr. Rush got back into the Nissan Altima with K.G. and T.G. and was driven to the Jersey City Medical Center after he realized he was shot. Mr. Rush received treatment for a single, through and through gunshot wound to his left calf. Mr. Moore remained on the sidewalk as the officers approached him. The officers determined that Mr. Moore was shot and immediately radioed for medical assistance. Mr. Moore was transported to the Jersey City Medical Center for treatment. Mr. Moore was treated for multiple gunshot wounds: (1) superficial through and through to the left anterior thigh; (2) entry wound with no exit to the right posterior gluteal fold; and (3) entry wound with no exit to the right lateral distal femur.
The four (4) men who fled were not identified. An extensive canvass for witnesses was performed but no eyewitnesses were willing to assist in the investigation. The canvass for video surveillance resulted in securing four (4) private surveillance videos with a total of five (5) camera angles. The extensive surveillance video captures the movements of the relevant actors on Randolph Avenue.
Lt. Bereguette fired a total of fourteen (14) rounds, Officer Jacobo fired two (2) rounds, and Officer Vazquez fired five (5) rounds. The credible evidence established that when the officers fired, they fired at targets that they perceived to have created an imminent threat of death to the fleeing men, themselves, and their fellow officers. Ballistics tests were unable to conclusively establish which officers’ discharges resulted in the injuries to Mr. Rush and Mr. Moore.
Lt. Crisant Bereguette, Police Officer Michael Jacobo, and Police Officer Michael Vazquez voluntarily appeared and testified before the Grand Jury.
The Grand Jury was informed of the potential criminal charges and the applicable justification defenses in accordance with the law. The Grand Jury evaluated each officer’s conduct individually. As to each officer, the Grand Jury returned a “no bill.” The “no bill’ represents the Grand Jury’s determination that the use of force was justified under the law. Specifically, the Grand Jurors found there was sufficient evidence to conclude that the use of deadly force was reasonable under the facts and circumstances reasonably known to the officers at the time and therefore criminal charges were not appropriate.
A law enacted in January 2019 requires that the Attorney General’s Office conduct investigations of a person’s death that occurs during an encounter with a law enforcement officer acting in the officer’s official capacity or while the decedent is in custody. This deadly force investigation did not result in death, so the investigation was conducted by the Hudson County Prosecutor’s Office and reviewed by the Attorney General’s Office in accordance with the Directive, which establishes strict procedures for conducting such investigations. This statement was prepared and disseminated to the public in accordance with §8 of the Directive.
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[1] Effective December 4, 2019, the Attorney General issued Directive 2019-4 Ensuring the Independent Investigation of Criminal Cases Involving Police Use-of-Force or In-Custody Deaths. Directive 2019-4 supersedes the Directives in effect at the time of this investigation and Grand Jury presentation. This investigation conforms in all possible parts to the procedures set forth in Directive 2019-4.
[2] K.G. was later identified at the Jersey City Medical Center by members of the HCPO shooting response team. K.G. refused to cooperate with this investigation and denied any involvement with fireworks. Video evidence strongly refutes this position.