2 U.S. Marshals Fatally Shot Florida Suspect In Jersey City, Won't Be Indicted: State

JERSEY CITY, NJ — After two deputy U.S. Marshals fatally shot a wanted Florida man last July, a grand jury has declined to file charges against them, the state of New Jersey announced Tuesday.

Esteban DeJesus Jr., 56, of Orlando, Fla., was fatally shot in Jersey City by two Deputy U.S. Marshals on the New York/New Jersey Regional Fugitive Task Force on July 8, 2023, the state said in a release on Tuesday.

DeJesus was wanted for the murder of a woman in Orlando on July 7.

According to a 2019 Independent Prosecutor Directive in New Jersey, all fatal shootings of suspects by law enforcement must be investigated.

When the marshals closed in on DeJesus last July, he displayed a machete, investigators said.

DeJesus' 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 directive.

The New Jersey Attorney General's Office issued the following release on Tuesday:

Release From NJ Attorney General's Office

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 interviews, photographs, ballistics, and autopsy results from the medical examiner. This evidence was presented to a state grand jury. After hearing the testimony and evidence, the grand jury concluded its deliberations on May 20, 2024, and voted “no bill,” meaning jurors concluded no criminal charges should be filed against the two Deputy U.S. Marshals.

According to the investigation, members of the Task Force were in Jersey City to assist the Orlando City Police Department in locating and arresting Mr. DeJesus, who was wanted for murder and attempted murder in connection with a shooting of two victims on July 7, 2023, in Orlando, Florida.

At approximately 11:10 p.m. on July 8, two Deputy U.S. Marshals and a state trooper assigned to the task force encountered Mr. DeJesus in the area of Jefferson Avenue. According to statements of the involved officers, Mr. DeJesus approached them armed with a machete, disregarding their commands to drop it.

The two Deputy U.S. Marshals fired their service weapons, striking Mr. DeJesus. He was transported to Jersey City Medical Center, where he was pronounced deceased at 11:44 p.m. The machete was recovered and secured as evidence.

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 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.