atlantic county prosecutor release on shawn brown shooting

Atlantic County Prosecutor’s Office P.O. Box 2002 4997 Unami Boulevard, Suite 2

Mays Landing, NJ 08330 Phone: (609)-909-7800 Fax: (609)-909-7802

ATLANTIC COUNTY PROSECUTOR'S OFFICE 4997 Unami Boulevard, Mays Landing, NJ 08330

JAMES P. MCCLAIN Prosecutor

NEWS RELEASE For immediate release For further information contact: September 29, 2015 Jay McKeen (609) 909-7966 13 Pages [email protected]

MAYS LANDING – An Atlantic County Grand Jury reviewed the evidence today of the September 2014 police-involved shooting death of an Atlantic City man. The Grand Jury declined to bring criminal indictments against the involved Atlantic City police officers, Atlantic County Prosecutor James P. McClain announced.

On September 9, 2014 at 12:56 p.m. Atlantic City Police received a ShotSpotter system alert of multiple gunshots detected, and received confirming 9-1-1 calls reporting shots fired. Police responded to the area of Route 30 and Pennsylvania Avenue. Upon arrival, police encountered a 20-year-old male. During the subsequent confrontation, police officers shot the male, who was transported to the AtlantiCare Regional Medical Center-City Campus for treatment, and pronounced dead at the hospital. Next-of-kin were notified. Preliminary investigation indicated that 3 Atlantic City Police Department detectives in plain clothes were involved in the confrontation, and that the male was armed with a handgun. A semi-automatic handgun was recovered from the scene. The Atlantic County Prosecutor’s Office investigated the incident, as mandated by New Jersey Attorney General Directive. Today First Assistant Prosecutor Diane Ruberton presented the case to an Atlantic County Grand Jury. The Grand Jury declined to indict any police officers for their actions.

In compliance with the Attorney General’s Law Enforcement Directive regarding uniform statewide procedures and best practices for conducting police-use-of-force investigations, Atlantic County Prosecutor James P. McClain has reviewed the entire matter and issues the following public statement of the findings regarding the September 9, 2014 shooting.



STATEMENT BY THE ATLANTIC COUNTY PROSECUTOR

Today the Atlantic County Grand Jury heard evidence regarding the

circumstances surrounding the fatal shooting of a 20-year-old Atlantic City man by

officers of the Atlantic City Police Department on Tuesday, September 9, 2014.

Following the presentation of evidence by First Assistant Prosecutor Diane Ruberton of

the Atlantic County Prosecutor’s Office, the Grand Jury determined that the officers

acted lawfully and declined to institute criminal charges.

The following statement sets out the evidence gathered during the year-long

investigation of this incident, and is being released to ensure that the public is properly

informed on this very important issue of common concern.

On September 9, 2014, at approximately 12:55 p.m., 3 Atlantic City police

officers working in plainclothes (each officer was wearing his police badge on a lanyard

around his neck) in the area of Caspian and Haddon Avenues heard what they

suspected were gunshots. A civilian witness (W#1) who was with the officers at that

time also believed he/she heard gunshots. Upon calling in to the communications center

of the Atlantic City Police Department, the officers were advised that “ShotSpotter”

sensors had identified 11 gunshots fired in the area of the Cedar Market on

Pennsylvania Avenue in Atlantic City. The “ShotSpotter” system is a series of audio

sensors placed around Atlantic City that identify and catalogue the acoustic signature of

gunshots. This system has been installed and used in a number of cities throughout the

country during the last few years.

The “ShotSpotter” system catalogued the first gunshot occurring at 12:55:37.9

p.m. and the eleventh, or final, gunshot occurring at 12:55:41.9 p.m., a span of 4

seconds.

After receiving confirmation that they had indeed heard gunshots, the officers

proceeded in an unmarked police vehicle toward the area of the gunshots. W#1 was in

the vehicle with the officers. For purposes of this statement, the officer driving the

vehicle will be referred to as PO#1, the officer who was the front seat passenger will be

referred to as PO#2, and the officer who was in the rear of the vehicle with W#1 will be

referred to as PO#3.



Near the intersection of North Carolina and Mediterranean Avenues, the officers

observed 2 males: one male (W#2) on a bicycle who was known to at least 2 of the

officers, and one tall male (Subject) wearing a white tee shirt and jeans who was not

known to any of the officers. PO#2 observed that this second male appeared nervous

and kept looking over his shoulder as if someone was following him.

The officers stopped their vehicle and spoke briefly to W#2, who indicated to

them that the other male was the person they were looking for.

The officers observed the Subject turn and walk into an alley off Mediterranean

Avenue. The officers pursued while in their vehicle and radioed their position to the

ACPD communications center. While PO#2 was on the radio, the Subject turned,

looked at them, and began to run down George Avenue. As the Subject ran down

George Avenue, all 3 officers observed him draw a silver colored handgun from his

waistband. W#1, who was still in the unmarked police vehicle, also observed the

Subject draw a handgun.

The officers continued to follow the Subject as he ran with the gun in his hand

down George Avenue to Bartlett Avenue, and then onto Drexel Avenue. While in

pursuit, the officers were verbally identifying themselves to the Subject as police officers

and were telling him to stop and drop the gun. The police vehicle came within a few feet

of the Subject, until PO#2 told PO#1, the driver, that he was too close for the safety of

other officers, and to stop the vehicle. PO#1 stopped the vehicle and PO#2 and PO#3

exited with their weapons drawn.

As the officers exited the vehicle, PO#3 observed the Subject turn toward the

officers while pointing the handgun at them. PO#3 fired approximately 4-7 rounds at the

Subject and observed him continue to run a short distance and then fall to the ground in

front of 1122 Drexel Avenue. As the Subject fell, he dropped the handgun, which came

to rest approximately 1-2 feet away from him. PO#2 also observed the Subject turn and

point the handgun, which caused him to attempt to use the police vehicle for cover

before taking any further action.

PO#3 and PO#2 both yelled to the Subject not to move, but the Subject

attempted to rise and both officers believed that he was attempting to retrieve the

handgun. PO#2 fired 2-3 rounds at the Subject and PO#3 also fired additional rounds.

PO#1, W#1 and a third civilian witness, W#3, also observed the Subject attempt to rise

after he initially fell to the ground.



PO#2 reached the Subject first, and the Subject stated to him “I’m done, I’m

done,” as the Subject pushed his body away from the handgun. PO#2 told the Subject

not to move, to keep his hands where they could be seen and that everything would be

alright. At this time, PO#2 observed that the subject was bleeding and called ACPD

communications for an “expedited” ambulance.

While the Subject was on the ground, other officers arrived on the scene. One of

these officers, PO#4, observed that a handgun was on the ground near the Subject and

that the Subject was breathing and moving. PO#4 then searched the Subject and

handcuffed him pending the arrival of EMS personnel. PO#4 recovered 40 bags of what

proved to be heroin from the pockets of the Subject as a result of the search.

According to EMS records, ACPD communications contacted EMS at 12:59 p.m.

EMS personnel arrived on scene at Drexel Avenue at 1:04 p.m. The Subject was

removed from the scene and taken to the Atlantic City Medical Center, City Division,

where he was pronounced dead at approximately 2:16 p.m. A subsequent autopsy

revealed that the Subject had sustained 3 gunshot wounds: one entering the front of his

chest on the right side and exiting the back after passing through a lung (this wound

was the cause of death), a second entering from the back, hitting the left hip bone and

lodging in the right thigh, and a third striking the left side of the triangular bone at the

bottom of the spine and lodging in the left side of the lower back.

“ShotSpotter” sensors in the area recorded a total of 10 rounds being fired by the

officers. The first shot was catalogued at 12:57:39.1 p.m. and the tenth, or final shot,

was catalogued at 12:57:43.8 p.m., a span of 4.7 seconds. Subsequent examination of

the officers’ handguns revealed that PO#1 did not fire his weapon during the encounter,

that PO#2 had fired 1-2 rounds, and that PO#3 had fired 8-9 rounds. It could not be

determined forensically which officer fired which rounds that struck the Subject.

Pursuant to established policy, the Major Crimes Unit of the Atlantic County

Prosecutor’s Office immediately took charge of the investigation. Aside from securing

the scene prior to the arrival of Major Crimes detectives on the night of the shooting, the

Atlantic City Police Department did not play a part in this investigation. Beginning that

evening and in the course of the following months, Major Crimes detectives recovered

evidence from the scene of the shooting (including the handgun dropped by the

Subject), photographed the scene, interviewed police and civilian witnesses and

recovered 2 pieces of video evidence relevant to the investigation.

During the course of the investigation, Major Crimes detectives recovered a

segment of videotape footage from a camera mounted on the exterior of the Boys &



Girls Club at 317 N. Pennsylvania Avenue. This video footage shows the Subject,

dressed in a blue and white striped shirt, jeans and an “LA Dodgers” bucket hat, in

possession of a silver and black semi-automatic handgun. This video was captured a

short time after the initial shots were recorded by the “ShotSpotter” system and a short

time before the shots were fired by the police on Drexel Avenue. Still images from this

video segment are set out below:



.



W#2 observed the Subject remove the blue and white striped shirt and place it in

a trash can behind a daycare center. This shirt and the “LA Dodgers” bucket hat were

recovered from this trash can by Major Crimes detectives.

In addition, another segment of video footage was recovered from a camera

mounted on a private home on Drexel Avenue. This segment does not capture the

moments of the actual shooting, but it does show the Subject, now wearing no hat and a

white tee shirt and jeans, running past the location of the camera with a handgun in his

right hand, while pursued by police officers in an unmarked vehicle. Still images from

this video segment are set forth below.



The silver and black semi-automatic handgun recovered from the Subject was

forensically examined and then compared to evidence found in the area of the Cedar

Market. This handgun was an operable 9 mm Smith & Wesson semi-automatic, which,

at the time it was recovered, had a live bullet in the chamber and 3 unfired live bullets in

the magazine. This weapon was linked forensically to shell casings found at the Cedar

Market on September 9, 2014. In addition, the national database maintained by the

Bureau of Alcohol, Tobacco & Firearms linked this handgun to 3 prior shootings. In

addition, prior to September 9, 2014, the Subject was facing an indictment in Atlantic

County for unlawful possession and distribution of heroin.

— James P. McClain, Atlantic County Prosecutor

atlantic county prosecutor release on shawn brown shooting

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