Mercer Times

A state grand jury has decided not to file criminal charges in the case involving the death of Kevin Harlfinger, a 40-year-old resident of Perth Amboy, New Jersey. Harlfinger was fatally shot during an encounter with Cranford Police Department officers on December 28, 2023, on the Garden State Parkway in Woodbridge.

The Office of Public Integrity and Accountability (OPIA) conducted an investigation into Harlfinger's death and presented its findings to a grand jury composed of New Jersey residents. This process was carried out under the Independent Prosecutor Directive of 2019. OPIA followed standard operating procedures established in July 2021 to ensure that the grand jury presentations were neutral and objective.

The investigation involved reviewing footage from mobile video recorders and body-worn cameras, conducting interviews with civilians and law enforcement personnel, analyzing photographs, ballistic testing results, and autopsy results provided by a medical examiner.

According to the findings, Cranford Police officers were pursuing a stolen vehicle driven by Harlfinger when it crashed near Exit 131 on the southbound side of the Parkway. Afterward, Harlfinger exchanged gunfire with Officers Christopher Folinusz and Ryan McSharry. He was pronounced dead at approximately 12:04 a.m. on December 29, 2023. A firearm found at the scene was linked ballistically to shell casings recovered there. Officer Folinusz sustained a non-fatal gunshot wound but was treated at a hospital and released.

Under N.J.S.A. 52:17B-107a(2), investigations into deaths occurring during encounters with law enforcement must be conducted by the Attorney General’s Office and presented to a grand jury for consideration of potential indictments against involved officers. The grand jury receives instructions on possible criminal offenses including criminal homicide as well as self-defense or other legal justifications.

No conflicts of interest were identified among individuals assigned to this investigation following checks mandated by the Independent Prosecutor Directive. Before being presented to the grand jury, OPIA Executive Director Drew Skinner reviewed all investigative materials according to established policies.

At each investigation's conclusion under these directives and SOPs, OPIA assesses whether any principal should be referred for administrative review per AG’s Internal Affairs Policy & Procedures. OPIA oversees such reviews ensuring timely completion while taking necessary actions based on outcomes.