'I'm Going To Get A Cop To Shoot Me,' Said Manchester Man Shot By SWAT Team: AG Report

Manchester, NJ — A Manchester man who was shot and killed by members of the Ocean County Regional SWAT team during a standoff at Pine Acres Manor in February had previously told police he was going to "get a cop to shoot me," according to a report from the state Attorney General's office, which found that the use of deadly force was justified.

Michael Laniado, 27, was killed in the Feb. 6 incident, which happened when Manchester Township Police tried to serve an arrest warrant on Laniado's girlfriend, Shayna Palmieri, at their home in the mobile home park.

Friday's announcement by acting Attorney General Christopher S. Porrino and Director Elie Honig of the New Jersey Division of Criminal Justice also included previously unreported details about the confrontation that began late on the evening of Feb. 5.

Among other things, the report says the SWAT team tried for several hours to convince Laniado to surrender and used less lethal projectiles to try to stop him before they turned to deadly force when he charged police with a knife.

Police also had an officer safety warning on the home because Laniado had called the police department in 2014 and said, “I’m going to be famous…I’m going to get a cop to shoot me.”

The report gave the following chain of events:

Manchester police arrived about 11 p.m. on Feb. 5 to serve a child support warrant on Palmieri. Laniado refused to allow Palmieri to surrender and locked himself and Palmieri inside the residence. Officers tried to convince Palmieri to come out but were unsuccessful. Officers saw Laniado holding a knife and throwing several items out of the windows of the residence, including a makeshift spear that he threw at the officers. Palmieri was always in close proximity to Laniado, the report said.

The Ocean County Regional SWAT Team was called and responded, and attempted to negotiate with Laniado using a “throw phone” they tossed into the home through a broken window; ultimately they made verbal contact with Laniado through the broken windows. SWAT team members attempted to negotiate the surrender of Laniado and Palmieri over the course of several hours.

At about 4 a.m. on Feb. 6, after negotiations failed, the SWAT team tossed tear gas into the home to force Laniado and Palmieri to come out because Laniado was becoming increasingly combative, the report said. Laniado and Palmieri ran from the home onto the porch after the tear gas was deployed, but then retreated back into the home. Officers saw a knife on Laniado’s belt while the two were outside, the report said.

Two officers were assigned to be the “contact team” to arrest Laniado and Palmieri if they came out again.

As Laniado and Palmieri emerged for the second time, Laniado was observed holding a knife in his left hand and pulling Palmieri with him with his right hand as they moved parallel with the officers’ position. Multiple officers, including the negotiator, gave verbal commands to Laniado to drop the knife, the report said.

Laniado, after spinning the knife in his hand several times, threw it over his shoulder. Officers continued to give verbal commands to surrender as Laniado and Palmieri continued to move parallel with the officers. Officer 1, concerned about Laniado’s emotional state and the possibility of another knife based on having observed one on Laniado’s belt earlier, did not want Officers 2 and 3 to attempt to arrest Laniado and Palmieri immediately, the report said.

Laniado moved toward the street, and as he did so, he reached across his body with his left hand and drew a second knife from his waistband area. Officer 1 saw the knife and fired multiple less-lethal rounds from an FN 303 less-lethal launching system, which fires blunt-force projectiles that break apart on impact to avoid penetrating injuries. Laniado doubled over but did not fall, the report said, and appeared angered by the less- lethal rounds.

Laniado then charged the SWAT team members, and Officers 2 and 3 fired their weapons at Laniado, who fell to the ground. Two knives, one 8 inches long and one 6 inches long, were recovered, one near where Laniado dropped the first knife and the other near his body.

During his statement, Officer 1 indicated that he was aware that he previously had responded to the Laniado residence in 2014 after Laniado had called the police department and said “I’m going to be famous…I’m going to get a cop to shoot me.” Officer 1 also remembered an incident when Laniado had crashed into his gas meter, and he was aware of an incident the night before the shooting in which Laniado may have displayed a knife to neighbors.

Officer 1 said that when he fired his less-lethal rounds, he was in fear for Palmieri’s safety, his own safety and the safety of his fellow officers.

Statements were also taken from Officers 2 and 3, who were SWAT team members tasked as the “contact team” to arrest Laniado and Palmieri. According to Officer 2, after Officer 1 discharged the less-lethal rounds, Laniado charged the SWAT team members and was close enough to Officer 3 to stab Officer 3. According to Officer 2, fearing for his own and Officer 3’s safety, he fired three to four rounds from his duty weapon and stopped firing when Laniado fell to the ground.

Officer 3 stated that when he saw Laniado draw the second knife, he yelled “less lethal,” causing Officer 1 to fire less-lethal rounds. Officer 3 reported Laniado was not felled by the less-lethal rounds, appeared angered and charged Officer 3 with the knife out. Officer 3 reported he fired his duty weapon at Laniado and stopped firing when Laniado fell to the ground and was no longer a threat. After Laniado fell, Officer 3 yelled for someone to get the knife away from Laniado. Laniado was taken to Community Medical Center, where he was pronounced dead.

There is mobile video recorder footage from one of the police cars that is consistent with the officers’ statements.

Palmieri was not harmed during the incident.

The report from a Feb. 7 autopsy said Laniado sustained gunshot wounds to his left arm, left forearm, left shoulder, the front and back of his torso, his chest and abdomen. Laniado also sustained projectile wounds to the chest from the less-lethal rounds that consisted of four contusions to the right chest and one to the left pectoral area.

A toxicology analysis confirmed the presence of alcohol and marijuana in Laniado's blood.

"After analyzing all of the facts and circumstances of this incident within the context of the Attorney General’s Use-of-Force Policy, Director Honig concluded that Officers 1, 2, and 3 used an acceptable level of force in pointing and firing first less-lethal rounds and then their weapons at Laniado," the Attorney General's office report said. "The facts and circumstances reasonably led Officers 1, 2, and 3 to believe that their actions were immediately necessary to protect themselves, their fellow officers and Palmieri. An officer may use deadly force in New Jersey when the officer reasonably believes it is immediately necessary to protect the officer or another person from imminent danger of death or serious bodily harm."

Under the Attorney General’s Directive on Police-Use-of-Force Investigations, the incident was investigated by the Attorney General’s Shooting Response Team, made up of investigators from the Division of Criminal Justice and the New Jersey State Police Major Crime Unit. As a result of the investigation, Honig determined presentation of the police-involved shooting to a grand jury was not required under the directive, because the undisputed facts showed that the use of force was justified under the law. The investigation included witness interviews, forensic analysis of the scene, an autopsy and other evidence.