ORANGE, NJ — A state grand jury has voted not to file any criminal charges at the conclusion of its deliberations regarding the death of Jamahl Smith, 46, of Newark, who was fatally shot in July 2019 by an officer of the Orange Police Department, according to a July 28 press release from the N.J. Attorney General’s Office.
As required by statute, all fatal police encounters must be presented to a grand jury. According to available evidence, including civilian and police witnesses, Smith was shot after officers responded to multiple 9-1-1 calls reporting a stabbing and a man armed with a knife.
The fatal police encounter was investigated by the Office of Public Integrity and Accountability and presented to N.J. residents called to serve on the grand jury, in accordance with Directive 2019-4, the “Independent Prosecutor Directive,” issued by the attorney general in 2019. The investigation included interviews of witnesses, collection of forensic evidence and autopsy results from the medical examiner. After hearing testimony and evidence from the investigation, the grand jury concluded its deliberations on July 27 and voted “no bill,” meaning a majority of grand jurors found the actions of the officer who shot Smith to be justified and agreed that no charges should be filed against the officer.
The Administrative Office of the Courts recently authorized the resumption of in-person grand juries, which had been suspended during the COVID emergency. Now that in-person grand jury presentations are permitted, OPIA is presenting the many completed investigations of fatal police encounters that were pending due to the pandemic.
The shooting of Smith occurred on July 13, 2019, at approximately 3:07 p.m. on the third floor of the Oakwood Towers in Orange, after police responded to 9-1-1 calls reporting an armed individual.
When officers arrived, they encountered Smith, who reportedly approached them with a knife. Officers ordered Smith to drop the knife numerous times, but Smith reportedly disregarded those instructions and continued to advance toward the officers. Orange Police Officer Willie Jones discharged his service weapon three times, striking Smith. Officers then proceeded to render aid to Smith and a 51-year-old female suffering from stab wounds who was located nearby. Smith was transported to University Hospital in Newark, where he was pronounced dead. An autopsy revealed that Smith died as a result of gunshot wounds to his abdomen, forearm and thigh.
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 the facts, evidence and testimony from the OPIA investigation, the state grand jury found the actions of the officer were justified. 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.
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