Mercer Times

A state grand jury has decided not to file criminal charges against officers involved in the fatal shooting of Mohamed Bounaouar, 42, of Las Vegas, Nevada. The incident occurred on February 4, 2023, in Fort Lee, New Jersey. The decision was reached after deliberations concluded on June 17, 2024.

The investigation into Mr. Bounaouar's death was conducted by the Office of Public Integrity and Accountability (OPIA) and presented to a grand jury following the Independent Prosecutor Directive of 2019. OPIA’s standard operating procedures were followed to ensure neutrality and transparency.

The investigation incorporated various pieces of evidence including recordings from 911 calls, body-worn camera footage, interviews with civilians and law enforcement personnel, photographs, ballistic testing results, and autopsy results.

According to the investigation findings, members of the Fort Lee Police Department responded to a call reporting that Mr. Bounaouar was armed with a knife and behaving aggressively inside a home on John Street in Fort Lee. Upon arrival, officers learned that four other people were inside the residence along with Mr. Bounaouar.

Officers attempted to communicate with Mr. Bounaouar from the bottom of a staircase while helping family members evacuate the house. One family member remained trapped on the third floor as Mr. Bounaouar occupied the second floor.

Additional resources were deployed throughout the morning including crisis negotiators and emergency services units from both police and fire departments. Negotiations continued as Mr. Bounaouar threw items down the stairs and caused damage within the townhouse.

At approximately 10:20 a.m., efforts were made to rescue the remaining family member using a bucket truck positioned by law enforcement and fire department personnel on an adjacent balcony. During this attempt, Mr. Bounaouar exited onto his second-floor rear balcony holding a knife and moved towards officers on a neighboring balcony.

Officer Emmanuel Espinal deployed a taser while Detectives John Gallo and Stephen Domenick discharged their firearms at Mr. Bounaouar who then fell wounded onto his balcony floor but rose again moving towards officers still holding his knife prompting Officers Matthew Lyle and Gabriel Avella to discharge their firearms striking him again resulting in his death at approximately 10:39 a.m., despite first aid attempts by emergency medical personnel.

One officer sustained non-life-threatening injuries during this encounter.

New Jersey law mandates that any death occurring during an encounter with law enforcement must be investigated by the Attorney General’s Office which then presents its findings to determine if criminal charges should be filed against involved officers based on potential criminal offenses including homicide while considering self-defense or legal justification elements.

A conflicts check found no actual or potential conflicts among individuals assigned to this investigation which was reviewed by OPIA Executive Director Drew Skinner before being presented to grand jurors per established SOPs ensuring adherence with Internal Affairs Policy & Procedures for administrative review if necessary monitored closely by OPIA ensuring timely completion appropriate actions based upon review outcomes.