New Jersey’s top law enforcement official filed criminal charges Monday against a police officer who he said shot a fleeing person in the back, seriously wounding him.
Attorney General Matthew Platkin said the state filed charges of second-degree aggravated assault and official misconduct against Paterson police officer Jerry Moravek.
The charges stem from a June 2022 incident in which Moravek saw the victim, who is not identified in charging documents, run past him shortly after hearing gunshots. Moravek yelled at the person to drop the gun before firing, hitting him in the back.
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Platkin said the person did not have a weapon in their possession or within reach. A firearm was found near the scene of the shooting, according to the charging document, but Platkin said there was no DNA evidence or fingerprints linking her to the man.
“We vowed never to be complacent and have pledged to stand up to unnecessary and excessive use of force by those who have a duty to protect the public,” Platkin said.
Moravek’s attorney, Patrick Caserta, said in a statement that his client had been falsely accused. He said the officer had a duty to go after the person he thought he had shot.
New Jersey Democratic Attorney General Matt Platkin announced the charges Monday against a Paterson police officer who shot a fleeing suspect in the back. (AP Photo/Mike Catalini, File)
“During a brief foot chase, there came a time when Officer Moravek believed his life and the lives of others on the street were in danger. He believed for that split second that the person he was pursuing was turning to shoot that gun at him.” him and realized that if he missed, the bullets could hit anyone nearby,” the statement said.
Moravek made repeated calls for an ambulance afterwards, Caserta added.
Released video of the incident shows Moravek asking the person he shot why he ran away from him.
“I was scared. I don’t have any weapons, though,” he said.
Platkin said the officer did not give the person he was shooting a warning that he was going to shoot or order him to stop running or get to the ground.
The shooting left bullet fragments in the person’s spine, Platkin said. He has been unable to walk since then, according to the charging document.
Paterson Mayor Andre Sayegh said in a statement that a preliminary review found Moravek followed the guidelines while responding to a call for service and after hearing gunshots. The mayor, a Democrat, cited the pending legal process and said he would have no further comment.
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The charges come as New Jersey has sought to increase scrutiny of police officers involved in shootings. In late 2020, Platkin’s predecessor issued new rules on the use of force that prohibit physical force against civilians except as a last resort, among other requirements.
In 2019, Democratic New Jersey Governor Phil Murphy signed a measure requiring the state attorney general to conduct investigations when someone is shot by police.
Platkin, Murphy’s appointee, said Monday’s charges do not stem from that law and there is no need to bring the case to a grand jury, but his office “will not hesitate” to do so in cases like this.
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Paterson is a city of nearly 160,000 about 20 miles west of Manhattan.
