Use Of Force Justified In Non-Fatal Mercer Police Shooting: Prosecutor

MERCER COUNTY, NJ – The Mercer County Prosecutor’s Office (MCPO) said Friday that it has concluded its investigation and determined that the police shooting that occurred on March 22, 2021, in Hamilton was “legally justified.”

On March 22, 2021, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Federal Bureau of Investigation (FBI) were conducting a joint undercover investigation involving the purchase of handguns.

During the undercover transaction, the suspect, identified as Jabree Johnson, pointed a handgun at an ATF special agent and demanded the money.

The agent turned over the currency and was ordered to exit the vehicle, officials said. The agent exited the vehicle, stepped toward the rear of the undercover vehicle, and fired his weapon at Johnson, according to the prosecutor’s office.

Johnson also fired his weapon at the undercover agent and then exited the vehicle and fled on foot on Atlantic Avenue. While fleeing, there was an additional exchange of gunfire, according to the investigation.

Minutes later, Johnson arrived at Capital Health Regional Medical Center with a non-fatal gunshot wound to the shoulder. Johnson was charged with one count of assault on a federal officer with a deadly weapon, one count of robbery with a dangerous weapon of an individual with custody of federal property, and one count of using and carrying a firearm during and in relation to a crime of violence, in which the firearm was discharged.

That federal case is currently pending.

The ATF special agent told investigators he feared for his own life and that of his partner when Johnson pointed the weapon at him during the robbery. The agent believed that discharging his weapon was necessary for the protection of his life and that of his partner, the MCPO said.

An independent analysis determined that the agent’s beliefs were reasonable, and the use of force in this matter was justified pursuant to all applicable laws and the Attorney General Guidelines, the MCPO said.

The investigation was conducted in accordance with the directives of the New Jersey Attorney General’s Independent Prosecutor Directives. The Attorney General’s Office also conducted an independent review of the use of force and agreed with the MCPO’s determination that there were no material facts in dispute and that the use of force by the special agent in this case was justified.

Based on the investigation, the MCPO determined it was not necessary to present the case to the grand jury because there were no material facts in dispute regarding the lawfulness of the use of force, the MCPO said.

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