PARAMUS – A police officer who killed a burglar was justified in using deadly force because the man who was shot struck the officer with a getaway car, Bergen County Prosecutor Gurbir S. Grewal said Tuesday.
The officer, who authorities have refused to identify, fired 13 times at Miguel Reyes, 20. Reyes was one of a group of four men trying to break into a T-Mobile store on Route 4 on Oct. 8, 2014.
Reyes was shot three times.
Investigators found that Reyes and Nico Vega traveled from The Bronx to Paramus where they identified the T-Mobile store in a strip mall as a target for a burglary, the prosecutor said.
The men returned about 2:30 a.m. two days later with other Josue and Hector Felix and had a plan to burglarize the store by breaking into the businesses next door, according to Grewal.
The men wore dark clothes and brought gloves, a sledgehammer, pry bar and a grinder tool with blades used to cut metal, investigators said.
Additionally, a silver Kia the men drove to the crime scene had been altered, investigators said.
“Every nameplate or manufacturer insignia on the Kia was neatly covered with black tape to prevent identification of the car,” Grewal said.
As Vega stayed with the car, the other men broke into Jennifer Convertibles furniture store through a rear door, investigators said.
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After breaking into the furniture store, the men planned to break through the wall of a vacant store, which was next to the T-Mobile store, Grewal said.
The men cut or smashed a hole in the wall of Jennifer Convertibles, Grewal said.
“In the process, however, they activated the alarm at the Jennifer Convertibles store,” Grewal said.
When Paramus police officers arrived, they saw the men outside, running back to the parked Kia, Grewal said.
“Officer 1, who was in uniform, then exited his/her marked police car, drew his/her firearm and verbally commanded the suspects multiple times to stop,” Grewal said.
Instead of stopping, Reyes “backed up the Kia and then deliberately accelerated toward Officer 1, who was standing next to the driver’s side of the police car,” Grewal said.
As Reyes accelerated, the officer fired at the oncoming vehicle in the direction of the driver, Grewal said.
Reyes continued forward and struck the officer, knocking the officer onto the hood of the Kia, Grewal said. The Kia also struck the officer’s patrol car on the driver’s side, Grewal said.
While on the hood of the getaway car, the officer fired several more times, according to Grewal.
Reyes abruptly stopped the vehicle and the officer was thrown to the ground. Reyes then drove over the officer’s legs, Grewal said.
The Kia crashed into a Sleepy’s store, causing structural damage and breaking a window, the prosecutor said.
“By that time, Officer 1 had extricated him/herself from the undercarriage of the car and got back to his/her feet,” Grewal said.
“As Officer 1 approached the Kia after it crashed into the Sleepy’s, she/he stated both the driver and the left passenger turned toward him/her,” Grewal said. “Officer 1 then fired a single round into the driver’s side window; that was the thirteenth round fired by Officer 1, who then reloaded his/her weapon.”
Reyes then drove onto Route 4 West and struck a concrete barrier on the highway, Grewal said.
After the crash, Reyes got out of the car and ran across the eastbound lanes of Route 4.
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Two police officers from River Edge found Reyes a short distance from the crash suffering from gunshot wounds. The prosecutor said the officers administered first aid before Reyes was taken by ambulance to Hackensack University Medical Center, where he died about 5:45 a.m.
An autopsy showed Reyes had been shot in the right abdomen, above the right elbow and in the right shoulder, Grewal said.
Two of the shots were from front to back while a third to the shoulder was from back to front, Grewal said.
All of the bullets came from Officer 1’s weapon, the prosecutor said
Josue Felix, who was in the back seat of the car, had been shot in the left index finger.
The officer was injured but survived, authorities said.
The surviving burglars all pleaded guilty to burglary and served prison time, the prosecutor said.
Grewal said the officer “clearly used justifiable force for the protection of himself/herself” as outlined in state law and guidelines from the New Jersey Attorney General.
“The deliberate actions that Mr. Reyes took while behind the wheel of the Kia clearly evince his intent,” Grewal said. “Mr. Reyes ignored Officer 1’s commands to stop. Instead, he backed up the Kia, then accelerated and drove at Officer 1.”
On Jan. 11, Elie Honig, director of the state’s Division of Criminal Justice, concurred with the prosecutor’s decision that deadly force was justified, Grewal said.
Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.
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