Off-Duty Officer Cleared In Shooting Burglar In His Manville Home

MANVILLE, NJ — A Franklin Township off-duty officer was cleared of any wrongdoing for shooting a burglar who broke into his Manville home with his wife and 2-year-old child inside in March.

The Somerset County Prosecutor’s Office completed its investigation into the incident on March 20, 2017 and has concluded that the use of deadly force was legally justified. (See Related: Intruder Arrested, In Critical Condition Following Home Invasion Of Off-Duty Officer's Manville Home)

The Attorney General’s Office also conducted an independent review of the use of force and agreed with the SCPO’s determination. Both offices agreed it is not necessary to present this matter to the Grand Jury.

The Franklin off-duty officer's wife called 911 around 12:07 a.m. to report the burglary in progress at their North Fifth Avenue home in Manville.

The officer reported waking up to hearing noises coming from the first floor of their home and armed himself with his personally owned 9mm handgun before going downstairs.

The burglar, later identified as Tyreek Cook, 19, of North Second Avenue in Manville, was found to be standing in the dining room with the lights off. The officer announced, “police, stop, police, [get] on the …floor, get down,” according to the SCPO.

Cook appeared to have something in his hand and the way he motioned made the officer believe Cook was going to shoot him, the officer told authorities.

The officer fired one shot when Cook ran towards stairway leading upstairs to his wife and child and he ran around to protect his family, according to the SCPO.

The officer once again said “police, drop to the floor.” Cook reportedly ignored the officer and charged him. A struggle ensued between Cook and the off-duty officer where two shots were fired, according to the report.

When Manville Police arrived Cook was bleeding from a gunshot wound to his chest. Both Cook and the off-duty officer were transported to Robert Wood Johnson Hospital in New Brunswick for treatment.

"The off-duty officer was authorized to use deadly force as a police officer who was making an arrest for a
burglary of a dwelling and reasonably believed that deadly force was immediately necessary to protect himself or his wife/child from imminent danger of death or serious bodily harm," the SCPO stated. "Additionally, the off-duty officer was authorized to use deadly force as a private citizen who encountered a burglar within his home."

On Nov. 17, 2017, Cook pled guilty to 17 counts of second- and third-degree burglary, third-degree theft and third-degree receiving stolen property (stemming from this burglary as well as other burglaries committed in Manville between March 15 through March 19), in exchange for a plea offer of five years in New Jersey State Prison with 85 percent to be served without parole.

(Image via Shutterstock)

Have a news tip? Email alexis.tarrazi@patch.com.

Get Patch breaking news alerts sent right to your phone with our new app. Download here.