2016 Toms River Police Shooting Of Armed Man Ruled Justified: Prosecutor

TOMS RIVER, NJ — An investigation into the police-involved shooting of a Toms River man in 2016 has found Toms River police were justified in using deadly force during the encounter, Ocean County Prosecutor Joseph D. Coronato announced.

Timothy J. Sauers survived the gunshot wounds he received in the July 7, 2016 incident in the area of Haines Road and Cedar Drive in Toms River, said Al Della Fave, spokesman for the Ocean County Prosecutor's Office. An unnamed Toms River police officer who was on a routine patrol stopped and approached a man, later identified as Sauers, who was wearing only pants, and told Sauers that he was parked illegally, Della Fave said. The officer asked for identification and Sauers provided it, then officer allowed Sauers to return to his Jeep Cherokee and sit in the driver's seat, he said.

Two additional police officers arrived, and dispatch told them Sauers had an outstanding arrest warrant out of South Toms River, Della Fave said. At that point, the officers approached the Jeep and Sauers, who knew he had a warrant, got out and pointed a handgun at the lead officer. The lead officer yelled “gun,” fell to the ground, drew and discharged his duty weapon while creating distance between himself and Sauers. The other officers fired their duty weapons in an attempt to protect themselves and ultimately took a defensive position behind one of the police cars, Della Fave said.

Sauers, who was hit several times, jumped into the Toms River in an attempt to get away and was found after what Della Fave said was an exhaustive search involving multiple agencies.

Della Fave said Detective John Murphy of the prosecutor’s office interviewed Sauers and Sauers said he was tired of his life and he wanted to end it. He told Murphy he got out of the Jeep, pulled out a handgun and pointed it at the officer in the hopes that that they would shoot and kill him, Della Fave said. Sauers told Murphy he got the gun from his brother. The Ocean County Sheriff Criminal Investigation Unit later determined the handgun was an air gun but its a semi-automatic design with a slide and pistol grip qualified it as a handgun under the law, Della Fave said. Sauers told Murphy he believed it was a real gun, Della Fave said.

Sauers also told Murphy he sent text messages to his ex-girlfriend about his intentions, Delle Fave said. One was a photo of Sauers holding the gun to his head, Della Fave said; the second, sent while he was sitting in the Jeep waiting on the officers, said in part “… I got a cop here right now [,] watch its bout to be on the … news …” and both were confirmed by a check of Sauers' phone, Della Fave said.

"The Office of the Attorney General agrees with the findings of Ocean County Prosecutor Joseph D. Coronato that the undisputed facts of this case prove that the use of deadly force by the police officers was legally justified," Della Fave said. "The attorney general also agrees that there are no material facts in dispute with regard to the officers’ use of force. As a result, presentation to the grand jury was not warranted."

Sauers was charged with unlawful possession of a handgun, aggravated assault on an officer and possession of a firearm for an unlawful purpose, and is being held at the Ocean County Jail in lieu of bail, Della Fave said.

"The Office of the Attorney General and Ocean County Prosecutor Joseph Coronato are satisfied that the undisputed facts establish that the Toms River police officers used the appropriate force necessary to protect their own lives and safety," the statement from the prosecutor's office said. "Moreover, they were legally justified in doing so."

The investigation was conducted consistent with the New Jersey Attorney General’s Law Enforcement Directive 2006-5 (July 28, 2015) regarding the uniform statewide procedures and best practices for conducting police officer use-of-force investigations, the statement said.

Timothy J. Sauers photo via Patch files