A grand jury last week voted against indicting Sgt. David Jernegen.
Dashboard camera videos released last year showed the final moments before Roy Jackel Jr. was shot April 5, 2021.
Franklin Township police were called to the scene of a motor vehicle crash at about 2:50 p.m. April 5, 2021.
Jackel, who was involved in the crash, left the scene and ran into the woods, according to the investigation. He then told an officer who followed him that he had a gun and would shoot if the officer came any closwer.
Jackel came out of the woods holding a large pitchfork-like tool, tog into an unoccupied marked police car and drove away.
He stopped the stolen car on Oak Road in Buena Vista, got out and started walking toward the officers with his right hand behind his back, according to the investigation.
As he got closer, Jackel started to run, still holding his right arm behind him and ignoring commands to show his hands.
Jernegen fired one round, striking Jackel. Officers provided medical aid, but Jackel was pronounced dead at the scene.
In that interview, the family questioned the police response to the incident.
"I believe due to head trauma he did not know where he was or understood commands to raise his hands," his sister told the outlet at the time. "In the video, he was unarmed and at this point did not have anything in his hand."
The fatal police encounter was investigated by the Office of Public Integrity and Accountability and presented to a grand jury under the Independent Prosecutor Directive.
The investigation included interviews of witnesses, collection of forensic evidence, review of video footage and autopsy results from the medical examiner.
A 2019 law, P.L. 2019, c. 1, requires the Attorney General's Office to conduct investigations of a person's death that occurs during an encounter with a law enforcement officer acting in the officer's official capacity or while the decedent is in custody. It requires that all such investigations be presented to a grand jury to determine if the evidence supports the return of an indictment against the officer or officers involved.
After considering evidence, testimony from the OPIA investigation, and instructions on the legal standards, including whether the officer's actions were legally justified, the state grand jury determined that no criminal charges should be brought against the officer. 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.
A conflicts check was conducted pursuant to the Independent Prosecutor Directive and no actual or potential conflict of interest was found involving any individual assigned to the investigation. Prior to presentation to the grand jury, the investigation was reviewed by OPIA Executive Director Thomas Eicher in accordance with the policies and procedures established for these presentations in the SOPs.
At the conclusion of these investigations, pursuant to the Independent Prosecutor Directive and SOPs, OPIA determines whether any principal should be referred to the appropriate law enforcement agency for administrative review in accordance with the AG's Internal Affairs Policy & Procedures. OPIA monitors any resulting review and takes such actions as are necessary to ensure that the review is completed in a timely fashion, and that appropriate actions are taken based on the results of the review.
