In compliance with the Attorney General’s Directive on Police-Use-of-Force Investigations, this public statement is being issued on the findings of the investigation into the fatal police shooting of Scott McAllister, age 39, on May 27, 2015 in Middletown Township.
As a result of the investigation, Director Elie Honig of the New Jersey Division of Criminal Justice determined that presentation of the police-involved shooting to a grand jury was not required under the directive, because the undisputed facts showed that the use of force was justified under the law. The investigation included witness interviews, forensic analysis of the scene, an autopsy and other evidence.
With regard to the specific factual circumstances of the incident, the investigation revealed that at approximately 11 p.m. on May 26, 2015, members of the Middletown Police Department responded to a domestic dispute at 33 Bayside Parkway. The dispute was reported by a neighbor of the woman who was the victim of the dispute.
The individual stated that the victim had been assaulted by her boyfriend, suspect Scott McAllister, and had fled her residence at 33 Bayside Parkway, leaving McAllister with their 13-month-old boy. The neighbor again called 911 before law enforcement arrived and stated that McAllister was banging on her front door. When law enforcement arrived, the neighbor and the victim stated that McAllister had left a gas can outside the neighbor’s home and had stated “I have something for you.” The neighbor believed that McAllister was threatening to burn her house down. McAllister’s girlfriend reported that McAllister was intoxicated and had beaten her.
Prior to law enforcement arriving at the location, McAllister barricaded himself inside the residence at 33 Bayside Parkway with the infant son.
At this time, members of the Middletown Police Department contacted the Monmouth County Emergency Response Team were dispatched to the scene shortly thereafter to negotiate with McAllister. While members of the SWAT team were outside McAllister’s home, McAllister called 911 and stated that the police should pull back because he was going to “put bullets in heads” and that “people were going to die.”
Members of the Monmouth County Emergency Response Team attempted to negotiate with McAllister over the course of several hours. Attempts were made to communicate with McAllister, each of which failed. McAllister instead sent text messages to the victim from his personal phone making threats such as “any force will be met with force” and “if you want to go home to your family you will leave now, in my house I kill.”
During the attempted negotiations, McAllister was observed wielding a large knife and tapping it against a window by the front door of the residence in a threatening gesture to police. At another point during the negotiation, McAllister threw a beer bottle in the direction of several officers, cursing them and saying “get off my property” and “get the big truck, you’re going to need it.”
At approximately 4 a.m., members of the Monmouth County Emergency Response Team decided to enter the residence to secure the infant, who was still inside.
This decision was made based on the fact that McAllister was becoming increasingly combative, raising concerns about the child’s safety. Other methods were used unsuccessfully to try to coax McAllister out of the residence before the entry.
At 4:18 a.m., members of Monmouth County Emergency Response Team entered the home through the front door, while other team members used a ladder in an effort to enter the child’s bedroom to retrieve the child, who was in his crib in the bedroom.
Officer 1 was assigned to climb a ladder and enter the window of the child’s bedroom to protect the child if McAllister entered the room and attempted to hurt the child. After the front door of the residence was breached by law enforcement, McAllister ran towards the child’s bedroom. Officer 1, while still on the ladder, was looking through the open bedroom window into the child’s bedroom when he observed McAllister enter the doorway to the bedroom with what Officer 1 described as a “deranged” look on his face.
According to Officer 1’s statement, McAllister was holding a large knife in a slashing position, like a sword, with the point of the knife facing up and the sharp edge forward. Officer 1 further stated that McAllister was holding the knife in a way that suggested he was going to slash with it or attempt to throw it at Officer 1.
At this time, Officer 1 shouted “Show me your hands!” and “Drop the knife!” multiple times at McAllister. McAllister ignored the commands and continued to approach Officer 1 while manipulating the knife in a slashing motion with an angry expression on his face. Officer 1 gave repeated orders to McAllister to stay back, which McAllister ignored.
According to Officer 1, McAllister then did a “stutter step” as he approached the window, which Officer 1 believed meant McAllister was about to stab him or attempt to throw the knife at him. Officer 1 then discharged his service rifle two times, fatally wounding McAllister. When he fired, Officer 1 fell from the ladder to the ground outside. During the fall, Officer 1 sustained a minor injury.
After Officer 1 discharged his weapon, other members of the SWAT team entered the residence and secured the child.
Officers approached McAllister and confirmed that he was deceased.
Two large knives, one eight inches long and one six inches long, were observed near his body.
During his statement, Officer 1 indicated that he was aware that McAllister was known to have weapons inside the home including firearms, fishing equipment, and carpentry equipment. Officer 1 further stated that he was aware of the threats being made by McAllister to law enforcement. Officer 1 was further aware of the threats McAllister had previously made to the victim and their neighbor prior to law enforcement arriving. According to Officer 1, he was in fear for his own safety as well as that of his fellow officers and McAllister’s infant child at the time he discharged his weapon.
Statements were subsequently taken from several other members of the Monmouth County Emergency Response Team, who confirmed and corroborated the statement given by Officer 1. Officer 2 was a member of the team designated to enter the infant’s bedroom window with Officer 1. According to Officer 2, while Officer 1 was looking through the bedroom window, he saw McAllister enter the room holding a knife approximately six or eight inches long. Officer 2 further observed McAllister swinging the knife in a slashing motion with an angry expression on his face. He heard Officer 1 yell “Drop the knife!” and saw that McAllister did not comply. He then heard two shots and observed Officer 1 fall from the ladder. Several other members of the SWAT team who were present at the scene confirmed that Officer 1 yelled “Drop the knife!” and “Show me your hands!” multiple times prior to firing his weapon. Additionally, members of law enforcement who were stationed at the front door of the residence and who observed McAllister tapping at the front window with a knife, also heard McAllister yell “I dare you to come in! I will punch you in the face and stab you!” No statements were given that contradicted Officer 1’s account.
On May 28, an autopsy was performed on McAllister. The autopsy report found that McAllister sustained two gunshot wounds. The entrance wounds were located on the back of McAllister’s left arm and left hand, respectively. The report additionally noted stippling on the back of McAllister’s left arm and left hand where the entry wounds were found, which is indicative of being in close proximity to a discharged firearm. This corroborated Officer 1’s statement that McAllister was approaching him, refusing to stop, and Officer 1’s belief that McAllister was about to stab him or throw the knife from a close distance.
The bullet that entered McAllister’s arm exited his left shoulder and struck him in the head, entering his skull. The other bullet went through his hand and entered his chest cavity.
After analyzing all of the facts and circumstances of this incident within the context of the Attorney General’s Use-of-Force Policy, Director Honig concluded that Officer 1 used an acceptable level of force in pointing and firing his weapon at McAllister.
The facts and circumstances reasonably led Officer 1 to believe that his actions were immediately necessary to protect himself, his fellow officers and McAllister’s infant son.
An officer may use deadly force in New Jersey when the officer reasonably believes it is immediately necessary to protect the officer or another person from imminent danger of death or serious bodily harm.
Related story: https://www.rlsmedia.com/article/swat-team-officer-shoots-kills-father-holding-toddler-son-hostage-middletown