State Grand Jury Declines to Criminally Charge Officer Involved in Fatal Shooting in Englewood, N.J., on September 3, 2022

For Immediate Release: April 22, 2024

Office of the Attorney General
– Matthew J. Platkin, Attorney General
Office of Public Integrity and Accountability
– Thomas J. Eicher, Executive Director

For Further Information:

Media Inquiries-
Dan Prochilo
OAGpress@njoag.gov

TRENTON — A state grand jury has voted not to file any criminal charges at the conclusion of its deliberations regarding the death of Bernard Placide, 22, of Englewood, New Jersey, who was fatally shot by an Englewood police officer on September 3, 2022.

Mr. Placide’s death was investigated by the Office of Public Integrity and Accountability (OPIA) and presented to New Jersey residents serving on the grand jury in accordance with the Independent Prosecutor Directive of 2019. In July 2021, OPIA issued standard operating procedures (SOPs) to ensure these grand jury presentations are conducted in a neutral, objective manner, with appropriate transparency regarding the process, consistent with the directive.

The investigation included witness interviews, photographs, review of video footage, and autopsy results from the medical examiner. This evidence, including video of the incident, was presented to a state grand jury. After hearing the testimony and evidence, the grand jury concluded its deliberations on April 22, 2024, and voted “no bill,” meaning jurors concluded no criminal charges should be filed against Englewood Police Officer Luana Sharpe.

According to the investigation, uniformed officers of the Englewood Police Department responded to a residence on West Englewood Avenue at approximately 8:29 a.m., following a 911 call about a violent domestic disturbance. The caller reported that a man with a knife was stabbing and trying to kill a relative inside the residence.

Upon arrival, officers located the caller who reported her injuries and injuries to a second victim, but that the most seriously wounded victim was in the bathroom.  Officers located that victim at that location and subsequently found Mr. Placide in a bedroom holding a knife. Officers ordered him to drop the weapon. When Mr. Placide failed to comply, Officer Brian Havlicek deployed a taser. Officer Sharpe attempted to disarm Mr. Placide and Officer Sharpe was cut.  Officer Havlicek deployed the taser a second time, but Mr. Placide still did not drop the knife. Officer Sharpe discharged her firearm once, striking Mr. Placide.  Police and emergency medical personnel rendered first aid to Mr. Placide, who was transported to Englewood Hospital and pronounced deceased at approximately 9:17 a.m. The three civilians who had been wounded before officers responded to the home were treated and released from a hospital.  Officer Sharpe was treated for an injury to her hand from the knife.

Investigators recovered the knife Mr. Placide was holding. Footage from three body-worn cameras and a Conducted Energy Device (CED), as well as audio from a 911 call related to the shooting were previously released. Those recordings are available here: Click here to review the recordings.

A 2019 law, N.J.S.A 52:17B-107(a)(2), requires the Attorney General’s Office to conduct investigations of a person’s death that occurs during an encounter with a law enforcement officer acting in the officer’s official capacity or while the decedent is in custody. It requires that all such investigations be presented to a grand jury to determine if the evidence supports the return of an indictment against the officer or officers involved. The grand jury is instructed on the elements of the potential criminal offenses, including criminal homicide offenses, that could be brought and, as required by statutes, the grand jury is instructed on self-defense and other forms of legal justification.

A conflicts check was conducted pursuant to the Independent Prosecutor Directive and no actual or potential conflict of interest was found involving any individual assigned to the investigation. Prior to presentation to the grand jury, the investigation was reviewed by OPIA Executive Director Thomas Eicher in accordance with the policies and procedures established for these presentations in the SOPs.

At the conclusion of these investigations, pursuant to the Independent Prosecutor Directive and SOPs, OPIA determines whether any principal should be referred to the appropriate law enforcement agency for administrative review in accordance with the AG’s Internal Affairs Policy & Procedures. OPIA monitors any resulting review and takes such actions as are necessary to ensure that the review is completed in a timely fashion, and that appropriate actions are taken based on the results of the 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

 

 

 

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