Grand Jury Declines To Charge Officer Who Killed Victoria Lee

Editor’s note: This is is a breaking news story. It has been updated to include statements from local community and social justice organizations.

A grand jury declined to file criminal charges against the Fort Lee Police officer who fatally shot Victoria Lee during a mental health crisis in July 2024 after her family called for assistance.

The state Attorney General issued a press release on Tuesday announcing the grand jury’s decision. The Office of Public Integrity and Accountability investigated the case, as required for all officer-involved shootings, and presented it to the grand jury.

Lee’s death came after the high-profile cases of Najee Seabrooks and Andrew Washington, both of whose killings spurred a statewide push for police accountability and alternatives to law enforcement in mental health crises. In each case, grand juries decided not to indict the officers involved.

“Victoria Lee should be alive today. Her parents deserve to see the officers who murdered their daughter stand before the law. Community members in Fort Lee and beyond should know they can access help safely and without fear when they need it,” said a statement from AAPI New Jersey and a coalition of social justice and community organizations.

The signatories of the statement include Korean American Civic Empowerment, AALDEF, Asian Women’s Christian Association, BLM Paterson, Faith in New Jersey, MinKwon Center for Community Action, New Jersey Alliance for Immigrant Justice, New Jersey Institute for Social Justice, One Boat Coalition, and Stop AAPI Hate.

Those groups are calling for Fort Lee officials to “initiate internal disciplinary processes” for all officers who responded to Lee’s mental health crisis call.

“Instead, OPIA’s failure to secure a grand jury indictment after a torturous year-long investigation has undermined public safety in New Jersey by making it clear that no matter how brutally and senselessly police officers kill our loved ones, the systems that are supposed to protect us will instead close ranks to protect their own,” the organizations said.

Timeline Leading Up to Lee’s Killing

The attorney general’s office statement also laid out a timeline for the events leading up to Lee’s killing on July 28, 2024.

Around 1:14 a.m., Lee’s brother called 911 so she could be brought to Valley Hospital for her mental health crisis. The operator tells him that police have to also respond to his call.

He called 911 again to stop emergency services from arriving. However, the operator tells him that is not possible. Her brother can be heard on a released audio tape saying that his sister is holding a folding knife, but told the operator she is not harming anyone.

At 1:25 a.m., Fort Lee Police Officer Tony Pickens, Jr. arrived to the scene and walked down Lee’s apartment hallway. Lee’s brother answered the door, and Pickens asked if he is holding the knife.

Pickens opened the apartment door and saw Lee and her mother. Lee closed the door, which was subsequently locked.

Eventually, more officers arrived to the scene. Pickens continued to knock on the door, which did not open, and told the women inside they would need to break down the door. According to the attorney general’s statement, a supervisory officer decided they would need to make “immediate entry” into the apartment. Officers on scene are heard on body-worn camera footage asking who will opt for lethal force or less lethal force.

Pickens warned the women he would have to break down the door, which he then opened at 1:28 a.m. Lee can be seen on body-worn camera footage standing near the doorway, holding a water jug in one hand and an object in another.

Officers yelled at Lee to “drop the knife.” As Lee stepped forward, Pickens fired a shot, striking her in the chest. She was later transported to Englewood Hospital, where she was pronounced dead at 1:58 a.m.

Changes to mental health emergency response

Fort Lee was in the midst of adopting ARRIVE Together, a state program that pairs mental health professionals with police, at the time of Lee’s killing.

The program began 10 months later in May. A mental health professional, shared with Teaneck and Englewood police departments, is available only on Tuesdays and Thursdays.

After months of advocacy, the state launched a community-led crisis response pilot in summer 2024 to help local organizations across New Jersey address non-emergency calls. Fort Lee, however, is not a part of this program, as participants were determined before Lee’s death.

The surrounding Korean American community reported feeling afraid to call 911 following Lee’s killing. The Justice for Victoria Lee Coalition urged Fort Lee officials to speak directly to residents; however, at a recent town hall, emergency services representatives offered little substantive information about changes to mental health crisis response.

AAPI New Jersey, along with other signatories, also called for a full review of Fort Lee Police Department practices and use-of-force guidelines in their statement Tuesday. They pushed for the borough and Bergen County to “keep building” non-law enforcement crisis response options, like the state’s Mobile Crisis Outreach Response Teams.

“…[W]e do not, today, find any hope or reason in the workings of the law in New Jersey. It is now up to our Legislature, Governor, and law enforcement to restore trust by taking action to ensure all families in New Jersey can access care safely,” said AAPI New Jersey and other organizations in their statement.