TRENTON — A state grand jury has voted not to file any criminal charges at the conclusion of its deliberations regarding the death of Kevin Harlfinger, 40, of Perth Amboy, New Jersey, who was fatally shot on the Garden State Parkway in Woodbridge, New Jersey, during an encounter with members of the Cranford Police Department on December 28, 2023.

Mr. Harlfinger’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 footage from mobile video recorders and various body-worn cameras, interviews with civilians and law enforcement personnel, photographs, ballistic testing results, and autopsy results from a medical examiner.

According to the investigation, officers from the Cranford Police Department were pursuing a stolen vehicle when it crashed in the area of Exit 131 on the Parkway southbound. After the crash, the driver of the vehicle, Mr. Harlfinger, exchanged gunfire with Cranford Police Officers Christopher Folinusz and Ryan McSharry. Mr. Harlfinger was pronounced deceased at the scene at approximately 12:04 a.m., December 29, 2023. A firearm was recovered from Mr. Harlfinger, and spent shell casings recovered from the scene were ballistically determined to come from that firearm. Officer Folinusz sustained a non-fatal gunshot wound, was treated at a hospital, and later released.

The recordings are available here: Click here to view the recordings

A 2019 law, N.J.S.A. 52:17B-107a(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 Drew Skinner 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.

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