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Washington Township officers responded to a local home on reports of a man beating a female on July 25, 2019, Acting Warren County Prosecutor James L. Pfeiffer said in a joint release Wednesday.
When the officers arrived to the home on the 400 block of Washburn Avenue, they saw a female fitting the description of the woman being assaulted fleeing the scene in an SUV.
While police attempted to follow the SUV, one officer -- who was not named in the acting prosecutor's release -- remained at the scene in an attempt to locate the suspect, Pfeiffer said.
The suspect -- previously identified by authorities as Tyler Lusardi-Paz -- was found by the officer inside of the house. While the officer was trying to place him under arrest, Lusardi-Paz disarmed him, Pfeiffer said.
"The officer was able later to gain control of their weapon and fired one shot at the suspect, striking him in the abdomen," Pfeiffer said. "The subject was taken to a nearby hospital with non-fatal injuries."
The prosecutor's office determined that use of force was justified.
"The officer was in fear for their life when the subject was able to disarm the officer of their weapon," Pfeiffer said.
"Once the officer regained control of their weapon, the officer reasonably believed under the circumstances that discharging their weapon was necessary for the protection of their life.
"An independent analysis of the undisputed material facts led to the determination that the officer’s beliefs were in fact reasonable, and the use of force in this matter was justified pursuant to all applicable laws and the Attorney General Guidelines."
Lusardi-Paz was later charged with terroristic threats, simple assault and disorderly persons in connection with the domestic assault.
The Attorney General’s Office conducted an independent review of the use of force and agreed with WCPO’s determination that there were no material facts in dispute and that the use of force by the officer was justified as an act of self-protection.
"Because this was a non-fatal shooting, presentation to the grand jury was not required," the acting prosecutor said, citing Senate Bill 1036, which requires the attorney general to conduct investigations of fatal police encounters and present the them to the Grand Jury.
"The use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion," according to N.J.S.A. 2C:3-4 (Use of Force in Self-Protection).
The law defines a "reasonable belief" as one which would be held by a person of ordinary prudence and intelligence situated as the office was, authorities said.
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