JERSEY CITY OFFICER INVOLVED SHOOTING – PUBLIC STATEMEMT
On July 15, 2014, Jersey City Police Officers were involved in a non-fatal police shooting on Martin Luther King Drive in Jersey City, New Jersey. In accordance with New Jersey Attorney General Law Enforcement Directive 2006-05, the Hudson County Prosecutor’s Office independently investigated the shooting. The investigation consisted of interviews, documentation of records and the collection of forensic and video evidence. The Hudson County Prosecutor’s Office has concluded that the use of deadly force in this case was justified under the circumstances, and that the undisputed material facts do not require presentation to a grand jury.
On July 15, 2014, at approximately 2:20 a.m. Jersey City Emergency Services Unit (“ESU”) Officers were on patrol in the area of Ege Avenue and Martin Luther King Drive. The Officers were in full uniform and in a marked ESU patrol truck (“ESU truck 1”). ESU truck 1 was driven by Officer 1 and Officer 2 was positioned in the front passenger seat. As they proceeded northbound on Martin Luther King Drive, Officer 2 observed Mr. Mark Highsmith (“Highsmith”) walking southbound on the east sidewalk carrying a large piece of wood. Seconds before this, another Jersey City ESU truck (“ESU truck 2”) had driven by Highsmith on Martin Luther King Drive. The Officers in ESU truck 2 also observed Highsmith carrying what they described as a 2 x 4 with a pointed end. The Officers operating ESU truck 2 turned their vehicle around to investigate. As ESU truck 2 was turning around, Highsmith walked by ESU truck 1. At that point, Officer 2 observed and noted that the wooden post was sharp on one end. Officer 1 reversed the ESU truck to investigate.
As Officer 1 reversed the ESU truck, Officer 1 was suddenly struck on the right side of his head with an object from the passenger side of the vehicle. The object was the wood post carried by Highsmith. The undisputed facts demonstrate that Highsmith used the wood post as a weapon and launched it into the open passenger window of the ESU vehicle occupied by Officers 1 and 2. The pointed end of the wood post passed within inches of Officer 2 and struck Officer 1 in the side of the head. After launching the wood post into ESU truck 1, Highsmith did not flee from the Officers but rather he quickly moved to the passenger window, got on the running board and engaged Officer 2 inside the vehicle in a struggle for the AR-15 rifle Officer 2 was assigned for that shift. Both Officers heard Highsmith state, “I’m gonna kill you, you’re gonna have to kill me.” Officer 1 observed the struggle for the weapon and exited the driver’s side door and ran around the front of ESU truck 1 to assist Officer 2. As Highsmith struggled to take the AR-15 rifle from Officer 2, Officer 2 fired three shots through the passenger side door. Officer 1 heard the shots but could not distinguish who fired and/or whether his partner was shot. As Officer 1 ran around he observed Highsmith facing the passenger door of the ESU truck. Fearing for the safety of himself and his partner, Officer 1 fired a total of four shots with his assigned UMP .45 caliber rifle. Officer 1 fired at Highsmith while Highsmith was at the passenger side of the vehicle and as Highsmith turned away from Officer 1 and ran toward the back of the vehicle. Highsmith took approximately four strides and fell onto the sidewalk. Officer 2 was able to exit the vehicle and both Officers covered Highsmith while Highsmith laid face down on the ground. The Officers in ESU truck 2 were immediately on the scene. An ambulance was called. Highsmith was transported to the Jersey City Medical Center where he received emergency treatment. Highsmith survived the shooting.
Video footage was recovered from a CCTV camera positioned on the corner of Martin Luther King Drive and Orient Avenue. The CCTV footage shows ESU truck 2 proceed north on Martin Luther King Drive, cross over the intersections of Kearney Avenue and Ege Avenue and make a u-turn at the next intersection of Virginia Avenue and Martin Luther King Drive. Highsmith is initially observed on the CCTV camera on Martin Luther King Drive between Virginia Avenue and Ege Avenue. As Highsmith approached the corner of Ege and Martin Luther King Drive, ESU truck 1 comes into view on the west side intersection of Ege and Martin Luther King Drive. ESU truck 1 briefly stops at the corner before making a left turn onto Martin Luther King Drive. ESU truck 1 proceeded north on Martin Luther King Drive as Highsmith walked south toward Ege Avenue and ESU truck 1. The video shows ESU truck 1 stop in the middle of the street. The glare from the brake and/or reverse lights momentarily obscures ESU truck 1. At this point, the CCTV footage shows Highsmith carrying the wooden post in front of him with the wooden post parallel to the ground. Highsmith slightly repositioned the wooden post as ESU truck 1 reversed in the northbound lane of traffic. As the ESU truck 1 lights entered his peripheral vision, Highsmith repositioned the wooden post in front of him, perpendicular to the ground, with the bottom of the post approximately waist-high. He also repositioned his left hand toward the bottom of the wooden post. With his hands positioned on the wooden post as described, as ESU truck 1 draws even to him, Highsmith raised the wooden post over his head. Highsmith is seen taking at least three steps toward ESU truck 1 with the post raised over his head. Highsmith then heaved the wooden post in a manner consistent with an attempt to generate significant momentum behind the throw. The CCTV camera shows ESU truck 2, at this moment, within a few feet of ESU truck 1 and positioned to observe the incident.
After heaving the wooden post into ESU truck 1, Highsmith is seen on the CCTV footage stepping away from the truck. He does not run away from the police at this point but rather he is clearly viewed moving quickly toward the passenger door of ESU truck 1 and engaged at the passenger side window. Based upon the angle of the camera and ESU truck 1, Highsmith’s actions with Officer 2 inside the vehicle are not captured on the CCTV footage. While Highsmith is engaged with Officer 2, Officer 1 is seen exiting the driver door and moving toward the front of ESU truck 1. Highsmith reappears in the view of the CCTV camera as Officer 1 comes around the front of the vehicle. Officer 1 takes his initial firing position from the front driver side area of ESU truck 1 while Highsmith is positioned facing the passenger side of the vehicle. The CCTV camera shows Officer 1 moving across the front of the vehicle and toward the passenger side of ESU truck 1 as Highsmith turns away and runs toward the back of the vehicle.
Officer 2 gave a voluntary sworn statement to the Hudson County Prosecutor’s Office. Officer 2 stated that he observed Highsmith carrying a large fence pole with a pointed tip almost immediately as ESU truck 1 turned onto Martin Luther King Drive. Officer 2 stated that Highsmith walked by on the sidewalk nearest to him. Officer 2 alerted Officer 1 and Officer 1 reversed to investigate Highsmith’s actions. Officer 2 indicated that he looked to his right but lost sight of Highsmith. Officer 2 stated that he attempted to locate Highsmith in the rearview camera but did not see him. Officer 2 stated that he then saw Highsmith with the wooden post standing to his right. Officer 2 saw Highsmith look at him, move toward him and then forcibly launch the fence post directly at him from a distance of about 5 feet. Officer 2 stated that the passenger window was down. The wooden post ended up inside the truck. Officer 2 estimated that the fence post missed his face by 3 to 4 inches. Officer 2 indicated that he believed Highsmith was trying to kill him.
Officer 2 then turned toward the open window and observed Highsmith run toward the truck. Officer 2 stated that Highsmith jumped on the running board, leaned into the truck and grabbed his AR-15 rifle that was positioned between Officer 2’s legs. Officer 2 stated that Highsmith had both hands inside the truck, grabbing his rifle. Officer 2 stated that he ordered him back and Highsmith stated, “you gonna kill me or I’m gonna kill you.”
Officer 2 concluded that Highsmith was trying to take his rifle and also was trying to open the door to the truck. Officer 2 stated that he removed the safety and fired three shots through the door. Officer 2 stated that after he fired, Highsmith let go of the rifle and dropped his hands toward his waist. Officer 2 did not see Officer 1 fire his weapon and could not hear the other shots fired as the shots he fired from inside the ESU truck caused his ears to ring.
Officer 1 gave a voluntary statement to the Hudson County Prosecutor’s Office. Officer 1 stated that as he was backing up and checking the mirrors and the rearview camera he was struck on the right side of his head, just in front of his temple with the wooden post. Officer 1 did not lose consciousness and he was able to put ESU truck 1 in park. Officer 1 heard Highsmith make the threatening statement and saw his partner engaged in a struggle at the door. Officer 1 concluded that the only way he could assist his partner was to exit the vehicle. Officer 1 stated that as he came around the front of the vehicle, he presented his weapon. Officer 1 stated that as he was getting out he heard shots but did not know whether the shots were fired by Highsmith or his partner. Officer 1 stated that as he came around ESU truck 1, he ordered Highsmith to show his hands. Officer 1 observed Highsmith on top of Officer 2 by the passenger side of the vehicle as Highsmith refused to show his hands. Officer 1 stated that he fired his weapon to protect his partner and himself. Officer 1 fired two shots at this point. Officer 1 stated that after firing, he continued to come around the vehicle and continued to order the male to show him his hands. Officer 1 observed Highsmith’s hands still down by his waistband and believed he had a weapon. Officer 1 stated that he fired as Highsmith was turning away from him and beginning to run.
Officer 1 suffered a hematoma to the right side of head and was also concussed from the blow.
Highsmith gave a voluntary statement to the Hudson County Prosecutor’s Office. Highsmith had no recollection of the interaction with the police that night.
The wounds sustained by Highsmith were consistent with the Officers’ description of events.
The scene of the officer involved shooting was processed by the Hudson County Prosecutor’s Office. Detectives noted the existence of a six foot long wooden stake on the floor boards of the ESU truck 1. This item was photographed and placed into evidence. Shell casings (three) were recovered inside the ESU truck and under the running board just outside the passenger door in an area consistent with Officer 2’s description of events. Ballistic testing ultimately determined that these three shell casings were fired from the AR-15 carried by Officer 2. In addition to these three shell casings, Hudson County Prosecutor’s Detectives photographed and recovered an additional four Winchester 45 caliber shell casings. One of the 45 caliber casings was recovered on the front bumper of ESU truck 1, one approximately six feet from ESU truck 1 toward the east curb of Martin Luther King Drive, one under the passenger side running board of the ESU truck and the fourth under the front passenger side tire. Ballistic testing ultimately determined that these four shell casings were fired from Officer 1’s weapon.
On October 27, 2016, Highsmith pled guilty to one (1) count of aggravated assault with a deadly weapon, in violation of N.J.S.A. 2C:12-1(b)(2).
The undisputed facts establish that Officer 1 and Officer 2 were justified in using deadly force in the reasonable belief that such force was immediately necessary to protect themselves and each other from an imminent threat of serious bodily injury or death as provided in the justification defenses set forth in N.J.S.A. 2C: 3-4 and N.J.S.A. 2C: 3-5. Additionally, Officer 1, given the totality of Highsmith’s actions, was justified in using deadly force to effect the lawful arrest and prevent the commission of a crime pursuant to N.J.S.A. 2C: 3-7.
This matter has been approved by the New Jersey Office of the Attorney General, Division of Criminal Justice.