The Hudson County Prosecutor's Office will not be presenting the matter of a police-involved shooting that had a man injured in the parking lot of a Walmart in 2016 to a Grand Jury after they cleared the officer of all legal wrongdoings.
According to a statement released by the Hudson County Prosecutor's Office, in the morning hours of September 16, 2016, the Kearny Police Officer involved in the shooting was on patrol in full uniform and onboard a marked patrol unit.
The statement said at approximately 8:21 AM, the unidentified Police Officer arrived at the scene when he was dispatched to the Kearny Walmart on a call of a shoplifter engaged with Walmart’s security staff.
Shortly before the Police Officer’s arrival to the scene, the statement said the actor ran out of the Walmart and boarded a silver 2012 Honda Accord.
As the Police Officer entered the parking lot, the Walmart asset protection manager pointed the Officer to the parked Honda the statement said.
The officer stopped his patrol unit near the parked Honda and exited his vehicle.
As the officer walked the short distance to the suspected vehicle, the statement revealed that the officer repeatedly ordering the driver out of the car as he stood close to the suspect's vehicle.
According to the statement, the officer unholstered his firearm in a display of 'constructive authority' when the suspect inside the vehicle reversed out of its spot and struck the vehicle parked directly behind it.
"At this point, the police officer was positioned in a small area between the front of his patrol unit, and the Honda’s driver side front corner when the suspect driving the vehicle accelerated forward and the officer discharged his gun three times," according to the statement.
As the officer fired the weapon, the driver reportedly steered away from the officer apparently causing the officer to stop shooting.
The statement said the driver continued out of the Walmart parking lot when the officer immediately advised dispatch of the discharge and broadcasted a description of the vehicle.
Multiple Kearny Police Department units subsequently arrived at the scene where they established a crime scene then took five eyewitnesses into headquarters for questioning.
Although Prosecutor's Office detective investigators obtained video surveillance from the Walmart that displayed the parking lot and the complete interaction between the officer and the driver, the videos were never released to the public for inspection.
The statement said, later that morning, the suspect Mr. Ramon Martinez, of Newark was located with open wounds to his left arm and right shoulder.
When detectives searched Martinez's vehicle, they said three projectile defects were observed on the Honda; one defect to the front windshield and two additional defects to the driver’s door.
All of the ballistic examinations determined that the spent shell casings were fired by the police officer’s weapon and the suspect did not possess a firearm.
The investigation concluded by justifying the officer's use of deadly force after the driver reversed, recklessly striking the vehicle behind it before it drove at the police officer. The police officer did not suffer any injuries or was not hit by the fleeing vehicle.
The Hudson County Prosecutor’s Office determined that the Police Officer’s fear of death or serious bodily injury was reasonable. Pursuant to the Attorney General’s Use of Force Policy an officer is permitted to use deadly force when the officer reasonably believes such action is immediately necessary to protect the officer from imminent death or serious bodily harm.
"Furthermore, due to the small area between two cars with no clear avenue of escape, the Hudson County Prosecutor’s Office concluded that the Police Officer reasonably believed he did not have sufficient time to move out of the Honda’s path safely and there was no reasonable way for the Police Officer to determine whether the suspect's vehicle would turn towards him or away from him" the statement said.