By: Richard L. Smith
In a settlement reached on December 18, the family of Mr. Paul Braswell, a Newark man fatally shot by Essex County police in 2018, has accepted $360,000 to resolve their lawsuit, according to John Paff, the author of Transparency NJ.
RLS Media was on the scene of the incident, which drew significant public attention, alleged that officers violated Braswell’s constitutional rights during a September 26, 2018, encounter that ended in his death.
Acting Essex County Prosecutor Theodore N. Stephens, II, announced in a statement the day after the incident that the Essex County Prosecutor’s Office Professional Standards Bureau was investigating the police-involved shooting.
Stephens explained that the investigation was in accordance with Attorney General guidelines, which mandate inquiries into police actions that result in death or serious injury.
The events leading to Braswell’s death took place when a multi-agency task force investigating gun offenses reportedly attempted to stop a vehicle carrying Braswell and another suspect.
According to Stephens, the vehicle tried to flee, striking several objects, including a tree, before coming to a halt. During the encounter, officers reportedly fired 72 shots into the vehicle, striking Braswell multiple times.
John Paff reported that Braswell, a 29-year-old passenger, was unarmed and had no control over the vehicle’s movements.
The lawsuit filed by his parents, Taskeen Abdul-Ahad and Horace L. Braswell, accused the officers of excessive force, claiming they failed to provide timely medical assistance.
The officers named in the lawsuit included Detectives Jose Yunque, Ozie Ryals, Gino Izzo, Christopher Bozios Jr., Edgar Silverio, Yusef Ellis, and Erik Udvarhely, as well as Officers Abdullah Holmes and Emanuel Pereira.
The lawsuit alleged that the officers failed to identify themselves as law enforcement, prompting the vehicle’s driver to flee, believing the armed individuals posed a threat.
Under the terms of the settlement, Essex County explicitly denied any liability or wrongdoing, describing the settlement as a business decision to avoid further litigation.
The agreement resolved claims against Essex County, with the family voluntarily dismissing their lawsuit against the individually named officers, Paff said.
According to police, Braswell remained unresponsive in the vehicle for 45 minutes to an hour as officers attempted to persuade him to exit voluntarily.
When these efforts failed, a robot was deployed, which visually confirmed that Braswell was either dead or unresponsive. Officers then opened the vehicle and discovered he had succumbed to his injuries.
Although police stated that three weapons were recovered at the scene, they did not disclose whether Braswell or the surviving suspect were armed at the time of the shooting.
Ballistic tests were expected to determine which weapon caused Braswell’s fatal injuries, but it is not clear if that information was released to the public.
Paff emphasized that the lawsuit presented a different narrative, alleging that officers approached the vehicle in plain clothes with drawn firearms, creating a chaotic and dangerous situation.
The family argued that Braswell was not engaged in criminal activity and that the officers’ actions escalated the situation unnecessarily.
The reasons behind Essex County’s decision to settle the lawsuit remain unclear. According to Paff, it could have been a strategic move to avoid the costs and uncertainties of a trial or an effort to shield the department from potential reputational damage.
The settlement, however, does not provide the family with closure regarding the events that led to Braswell’s death, Paff said.
Braswell’s well-known and respected family, which includes public servants and former police officers, held protests for months demanding accountability.
Paff noted that the case stresses the challenges of obtaining transparency and justice in lawsuits resolved through settlements, as they often leave critical questions unanswered.
The shooting remains a poignant reminder of the complex relationship between law enforcement in Newark and the neighborhoods they serve.