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Multiple 9-1-1 callers reported 20 to 100 people screaming, punching and kicking in a street fight that broke out on Bostwick Avenue between Martin Luther King, Jr. Drive and Ocean Avenue just after 5:15 p.m. on May 5, Hudson County Prosecutor Esther Suarez said.
This incident that quickly went viral on social media occurred during the Executive Order signed by Gov. Phil Murphy that required people to stay home and social-distance due to the COVID-19 pandemic.
Body-cam footage shows responding officers attempting to disperse the crowd using verbal commands and constructive authority only.
"No force was used by the officers attempting to disperse the crowd, end the on-going hostilities and arguments and enforce the 'Stay-at-Home Order," the prosecutor said.
"However, after repeated attempts to de-escalate the incident with verbal commands to disperse failed, Body Worn Camera footage and cell phone/social media videos show a chaotic scene unfold."
Several individuals resisting arrest or interfering with the officers' attempt to effect a lawful arrest "took criminal action toward the officers," justifying the use of some degree of mechanical force," Suarez said.
One officer had a juvenile reach toward his duty belt in a possibel attempt to disarm him, Suarez said. The juvenile immediately fled -- but the officer caught the juvenile while attempting to go into his house.
"Video footage clearly shows the juvenile actor punch the officer in the head," Suarez said. "As the responding officers attempted to arrest the resisting juvenile actor, a large number of individuals jumped on the officers and physically assaulted the officers and interfered with the arrest."
Another officer was pushed to the ground during the struggle that ensued, with one person climbing on top of him, exerting physical force, Suarez said. Another person interfered in police efforts to subdue and arrest the individuals.
That's when two officers deployed pepper spray, and one officer used his baton on two people, Suarez said.
"Four adults and two juveniles were charged with numerous offenses stemming from the aggravated assault upon the officers and subsequent interference with police action," Suarez said.
The body-cam footage was made public and shared with the FBI and NJ Attorney General's Office of Public Integrity and Accountability.
"Based upon the totality of circumstances, there is an absence of proof beyond a reasonable doubt that these officers committed criminal acts," Suarez said. "Accordingly, these officers’ use of mechanical force will not be presented to a Hudson County Grand Jury."
The incident will be reviewed by the Jersey City Police Department Internal Affairs Unit for an administrative investigation to determine if the officers’ use of force was consistent with the Attorney General’s Use of Force Policy and the Jersey City Police Department’s (“JCPD”) Use of Force Policy.
"We strongly believe that training – with an emphasis on de-escalation – must be a focal point of the ongoing national conversation around police reform," Suarez said. "If efforts to drive change are to succeed, law enforcement officers must be appropriately trained and the situation must be met with a new approach that includes new methods and a full-scale review of training protocols to identify areas in need of modification."
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