Police Shooting Of Panera Gunman, Ex-Newtown Man, Justified: AG

PRINCETON, NJ — An investigation by the New Jersey Attorney General’s Office has found that the fatal police-involved shooting of a former Newtown resident that occurred at Panera Bread in Princeton was justified.

The March 20 shooting was reviewed by the Attorney General’s Independent Prosecutor Director Veronica Allende, who after analyzing all of the facts and circumstances, concluded that the troopers’ use of force was justified under the law.

"The facts and circumstances reasonably led the troopers to believe their actions were immediately necessary to protect themselves and their fellow officers from death or serious bodily harm," the AG report stated. "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."

The incident occurred at a Princeton Panera Bread on Nassau Street, where a gunman — later identified as Scott Mielentz, 56, formerly of Newtown, Pa. and a recent Lawrenceville, N.J. resident — was fatally shot and killed following a five-hour standoff by police.

During the standoff, officers reported offering Mielentz food and spoke sympathetically about his problems in order to establish a rapport.

"They asked if they could help him in any way, and he responded 'Yes, shoot me.' At one point, Mielentz held up a check and told negotiators it was a $5,000 check to be given to his son when he died," according to the report.

Law enforcement witnesses reported that Mielentz made the following statements, among others:

• “Just kill me. Do it for me, guys.”
• “Just do this, guys. I’m going to shoot you, guys. Don’t make me do this.”
• “It’s either going to be you or me.

Mielentz also reportedly repeated that he was a soldier and a marksman, falsely asserting again that he had killed hundreds in the military. Negotiators talked to him about his experience in the armed services and at one point said he could be an advocate for those suffering from PTSD, post-traumatic stress disorder, according to the report.

Right before Mielentz was fatally shot, he reportedly smoked a cigarette, extinguished it on the floor with his foot, and then counted down from five, witnesses reported.

Mielentz then began to raise the gun hesitantly as officers pleaded with him not to do it. He then raised the gun up so that it was pointing at the authorities and negotiators including two members of the New Jersey State Police SWAT unit, known as the TEAMS Unit: Trooper William Kerstetter and Trooper Joseph Trogan.

Kerstetter fired four rounds, and Trogani fired one round with M4 rifles. Both troopers reported that they believed the lives of officers were in danger.

Mielentz was pronounced dead at the scene. An autopsy confirmed that he died of gunshot wounds to the head and upper torso. Toxicology tests found one drug in his blood, the anti-anxiety medication diazepam, commonly known by the brand name Valium, according to the AG's report.

An investigation later determined Mielentz was armed with a Crosman PFM BB pistol. All of the law enforcement witnesses reported that they believed throughout the standoff that it was an actual firearm.

A video surveillance video showing the standoff was later released by authorities. To see the full Independent Prosecutor Directive visit the Attorney General's website by clicking here.