Cop In Passaic Co. Charged After Shooting, Disabling Unarmed Man Who Was Running Away: AG

PATERSON, NJ — A Paterson police officer received several charges Monday for shooting and disabling an unarmed man who was running away, the New Jersey Office of the Attorney General announced. Jerry Moravek's gunshot on June 11 left the victim unable to walk, state authorities said.

Moravek was charged with aggravated assault causing serious bodily injury and official misconduct — both second-degree offenses.

While on duty, Moravek began chasing a victim on foot, the AG's office said. During that pursuit, the officer ordered the man to drop a gun, but never once told him to stop running, to get on the ground or that he was going to use deadly force, according to the affidavit.

The victim had no weapon, the AG's investigation found.

As the individual continued running, Moravek discharged his duty weapon, hitting the victim in the back, officials said. The gunshot left bullet fragments in the victim's spine, leaving him unable to walk, according to the AG's office.

Paterson's mayor defended the officer's conduct Monday.

"The police officer was responding to a call for service when shots were fired in his vicinity," Mayor Andre Sayegh said in a statement. "The officer ran towards the shots fired and pursued an individual whom he believed to have a gun. While it is unfortunate that an individual was shot, a preliminary review reveals that the officer was following guidelines. Several guns and shell casings were recovered from the scene. We will respect the judicial system and let the legal process play out. Until that time, the City will have no further comment."

However, the AG's office says that no gun was found in the victim's possession nor within his reach. Police recovered a discarded firearm around the block, along the path where he had to run, authorities said. But state investigators tested the gun for DNA and fingerprints, finding no evidence linking it to the victim.

The victim told officers he ran away because he was afraid and he had no weapon.

If convicted of the charges, Moravek would face up to 20 years in prison — 10 for each count.

State law, as written, only allows police to use deadly force against a suspect when immediately necessary to protect themselves or another person from imminent danger. Officers can only use deadly force against a fleeing suspect in the rare situation when they would pose an imminent danger to public safety if they're not immediately apprehended.