Middlesex County Grand Jury Concludes: Use of Force Justified in the June 27 2023, Non-Fatal Police Shooting at Sansone Auto Mall
This matter was investigated by the Middlesex County Prosecutor’s Office (MCPO) and presented to Middlesex County residents serving on a county grand jury, in accordance with the New Jersey Attorney General’s Office’s 2019 Independent Prosecutor Directive (the “Directive”).
In July 2021, the Office of Public Integrity and Accountability issued Standard Operating Procedures (SOPs) to ensure such grand jury presentations are conducted in a neutral and objective manner, with the utmost transparency controlling the process, consistent with the Directive.
The investigation included interviews of witnesses, photographs, surveillance camera footage, body worn camera footage, physical evidence collected by the Middlesex County Prosecutors Office’s Crime Scene Unit, and ballistics evidence that was examined by personnel from the State Police’s Firearms Unit.
This evidence, along with recorded interviews given by the two Woodbridge officers who fired their weapons, was presented to the grand jury. After hearing testimony and receiving this evidence, the grand jury concluded no criminal charges should be filed against Officers Jeain Rastegarpanah and Vincent Pardee of the Woodbridge Police Department.
According to the investigation on June 27, 2023, the Woodbridge Township Police Department received a report that a Dodge Ram parked at the Sansone Auto Mall had “suffered an impact.” This was reported by the owner of the Dodge Ram via 911. In response, Woodbridge Police Officer Jean Rastegarpanah and Officer Vincent Pardee responded to the car dealership, which was closed at the time.
The officers arrived at approximately 2:24 a.m. and approached the Dodge on foot. They observed, through fogged windows, that there was a person, later identified as Juan Martinez, inside. The officers ordered Mr. Martinez to exit the vehicle, but he did not comply.
Then, a black SUV entered the dealership parking lot and drove in the direction of Officers Rastegarpanah and Pardee at a high rate of speed. The SUV also made several turns and was driving in an erratic manner before coming to a stop next to the Dodge Ram. At this point, Martinez exited the Dodge Ram and jumped into the SUV which began to move again.
Rastegarpanah and Pardee both discharged their service weapons in the direction of the black SUV. Mr. Martinez was struck three times as he exited the Dodge Ram and entered the rear of the Black SUV, which fled from the scene.
According to their later formal statements, the officers feared for their lives. Juan Martinez suffered non-life threatening injuries and was treated at a local hospital over the course of four days. Upon discharge, Mr. Martinez was charged with Burglary. The driver of the vehicle, Alex Martinez, was charged with conspiracy to commit Burglary and Hindering Apprehension. He remains at large.
The grand jury was instructed on the elements of the potential criminal offenses that could be brought, including Aggravated Assault and Official Misconduct, and as required by statute, the grand jury was further instructed on the forms of legal justification including Self-defense, N.J.S.A. 2C:3-4, Defense of others, N.J.S.A. 2C:3-5, and Use of force in law enforcement N.J.S.A. 2C:3-7.
By concluding that the officers were legally justified in their use of deadly force, the grand jury decided not to lodge criminal charges against the officers.
Pursuant to the Attorney General’s Directive governing these matters a search was conducted to determine if a conflict of interest existed between the officers involved and members of the MCPO, investigating the shooting. As a result of that search, no actual, potential or appearance of a conflict of interest were found.
Prior to presentation to the grand jury, the investigation was reviewed by Assistant Attorney General Nicholas Kormann, Director of Investigations of Fatal Police Encounters, in accordance with policies and procedures established for these presentations. The matter was presented to the grand jury by Middlesex County Assistant Prosecutor Katie Magee, under the supervision of Section Chief Amber Gibbs.
At the conclusion of these investigations, OPIA determines whether any officer should be referred to the appropriate law enforcement agency for administrative review in accordance with the Attorney General’s Internal Affairs Policy & Procedures and existing SOP’s.
OPIA monitors any resulting review and takes such action as is necessary to ensure that the review is completed in a timely fashion, and that appropriate actions are taken based on the results of that review.
The Independent Prosecutor Directive is posted on the Attorney General’s website and is available here: Independent Prosecutor Directive. OPIA’s standard operating procedures for grand jury presentations of investigations involving fatal police encounters are also posted on the Attorney General’s website, and are available here: OPIA Grand Jury SOPs.