A state grand jury today voted not to file criminal charges against a sheriff’s officer and a state trooper involved in a shooting in Trenton on Aug. 7, 2015, in which the two officers shot and wounded a juvenile male who allegedly was armed with a handgun.
After hearing testimony and evidence from the investigation, the state grand jury voted “no true bill,” meaning it declined to indict either of the two law enforcement officers involved.
With regard to the specific factual circumstances of the incident, the investigation revealed that at approximately 10:20 p.m. on Aug. 7, “ShotSpotter, ” a technology that provides law enforcement with real-time gunfire notifications, alerted police that shots were fired in the area of 500 Prospect Park Village in Trenton. Police dispatch put the shooting information out on the radio system, and a Mercer County sheriff’s officer and two state troopers (“Officers 1, 2 and 3”), who were together in a patrol vehicle, responded to the area.
The police officers were traveling west on Calhoun Street toward Louise Lane in the unmarked patrol vehicle when they observed three males – “Juvenile 1,” who is the 14-year-old who was shot by police, “Juvenile 2,” and a 19-year-old (“Adult Male”) – walking south on Louise Lane toward Calhoun Street, just blocks from where the gunshots were reported. The responding officers noticed that Juvenile 1, who was wearing a white T-shirt and red shorts, had his right hand down the front of his pants, where it appeared that an object was hidden, while his left hand was pulling his waistband away from his body. While inside the vehicle, the police officers discussed the need to keep an eye on that individual.
The officers pulled over on Louise Lane and quickly exited the vehicle, shouting commands to the three males of “Stop, police!” and “Let me see your hands!” Juvenile 2 and Adult Male remained in place, while Juvenile 1 began to run toward the rear of the residence at 2 Louise Lane. Officer 1 and Officer 2 pursued Juvenile 1 as he fled, repeatedly identifying themselves as police and ordering him to stop.
Officer 1, an officer with the Mercer County Sheriff’s Office, stated in a recorded statement to investigators that as he chased Juvenile 1, Juvenile 1 turned his head and neck back and to the right, looked at Officer 1, extended his right hand, and pointed a silver gun at Officer 1. According to his statement, Officer 1 shouted “gun” and discharged his .40-caliber service handgun at Juvenile 1. Officer 1 stated that he heard other gunshots as well.
Officer 2, a member of the New Jersey State Police, stated in a recorded statement to investigators that when he and the other officers arrived at the scene and saw the three males walking on the street, they got out of their vehicle and identified themselves as police. Two of the individuals stayed in place, and the third – Juvenile 1 – ran away. Officer 2 said he and Officer 1 ran after Juvenile 1 and yelled at Juvenile 1 to stop. Officer 2 stated that, while Juvenile 1 was running, Juvenile 1 turned his torso toward the officers and reached into his waistband. Officer 2 said he saw Juvenile 1 holding a silver gun in his right hand and pointing it in the direction of the officers. Officer 2 stated that he heard Officer 1 yell “gun” and Officer 2 fired his 9mm service handgun at Juvenile 1. Officer 2 also heard other gunshots.
The investigation revealed that Officer 1 fired seven shots from his .40-caliber handgun. Officer 2 fired eight shots from his 9mm handgun. Juvenile 1 was struck with three shots in his legs and buttocks.
Juvenile 2 was interviewed, with parental consent, and provided a recorded statement to investigators. Juvenile 2 stated that he, Juvenile 1 and Adult Male were together earlier on the night of Aug. 7 in the area of 500 Prospect Park Village, where the “ShotSpotter” was activated. Juvenile 2 stated that some other people who lived on the “other side of the gate,” with whom Juvenile 2 and his friends had a dispute, fired three gun shots. Juvenile 2 further stated that, after the shots were fired, he, Juvenile 1 and Adult Male ran away. Juvenile 2 stated that they met back up again, and the police officers then arrived. Juvenile 2 stated that the officers identified themselves as police, and Juvenile 1 ran away. As Juvenile 1 ran, Juvenile 2 heard the officers yell out that the person who was running (Juvenile 1) had a gun. Juvenile 2 saw Juvenile 1 raise his right hand and throw something toward Calhoun Street while running away. Juvenile 2 stated that the police shot Juvenile 1. Juvenile 2 stated that what Juvenile 1 threw “must have been a glizzy.” Juvenile 2 said “a glizzy” meant a gun. Juvenile 2 was later asked whether Juvenile 1 threw a gun, and Juvenile 2 responded affirmatively.
On the morning of Aug. 8, approximately 12 hours after the shooting, crime scene officers recovered a silver handgun loaded with three rounds of ammunition on Calhoun Street, in an area off to the right side of where Juvenile 1 was running when he was shot by the officers. The gun apparently had been hidden by an emergency response vehicle, which arrived shortly after the shooting. After the emergency vehicle departed in the morning, a civilian witness noticed the gun and alerted officers on the scene. The gun was jammed and retained a spent shell casing in the chamber. The gun was identified as a Phoenix .22-caliber handgun. The gun was defaced, meaning the serial numbers had been removed.
On Oct. 8, an associate of Juvenile 1 and Juvenile 2 (“Witness 2”) provided a recorded statement to investigators. Witness 2 stated that Juvenile 1 retrieved a handgun prior to the shooting on Aug. 7.According to Witness 2, the weapon was a “community” gun, available to anyone who wanted to use it. Witness 2 gave a detailed description of the gun, which matched the gun recovered by investigators on Aug. 8. Witness 2 further stated that Juvenile 1 told him about the events of Aug. 7. According to Witness 2, Juvenile 1 said that he was with Juvenile 2 and Adult Male on the evening of Aug. 7, and the three traveled to Prospect Park Village to “shoot somebody.” Witness 2 said Juvenile 1 told him that he fired two or three shots during a dispute in Prospect Park Village before his gun jammed. This was consistent with the condition of the recovered gun, a fact that had not previously been reported publicly. Witness 2 stated that Juvenile 1 said he and his two companions then ran in the direction of Louise Lane and Calhoun Street, where they were met by police officers. Witness 2 said that Juvenile 1 told him that he attempted to run away from the officers. Witness 2 stated that Juvenile 1 told him that while he was running, he threw his gun and immediately after was shot by the police.
Juvenile 1 declined to provide a statement to investigators on the Shooting Response Team about the police-involved shooting.
The grand jury was instructed as to potential criminal charges against each of the two officers who fired upon Juvenile 1 and the legal elements to prove each crime, as well as the law of justification, particularly the use of force in defense of self and others. 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. The grand jury voted not to indict either of the law enforcement officers based upon their consideration of the facts, evidence and testimony.
Juvenile 1 was charged as a juvenile by complaint on Aug. 18 in connection with the incident with second-degree unlawful possession of a weapon, third-degree aggravated assault, and fourth-degree possession of a defaced firearm. The juvenile charges against Juvenile 1 are pending. Juveniles, under the law, are not found guilty or not guilty, but are simply “adjudicated delinquent.”