*** CORRECTION: Corrects Rank of Police Officer***
TRENTON – A state grand jury has voted not to file any criminal charges at the conclusion of its deliberations regarding the death of Charles Tsakiris, 38, of Farmingdale, N.J., who was fatally shot by an officer of the Howell Township Police Department on October 18, 2019. As required by statute, all fatal police encounters must be presented to a grand jury. According to available evidence, including video from a body worn camera and the statement of a civilian witness, Mr. Tsakiris advanced at the officer with a knife after the officer responded to a 911 call reporting a stabbing.
The fatal police encounter was investigated by the Office of Public Integrity and Accountability (OPIA) and presented to 16 to 23 New Jersey residents called to serve on the grand jury in accordance with Directive 2019-4, the “Independent Prosecutor Directive” issued by the Attorney General in 2019. In July 2021, OPIA issued standard operating procedures (“SOPs”) to ensure that these grand jury presentations are conducted in a neutral, objective manner, and with appropriate transparency regarding the process, consistent with the Independent Prosecutor Directive. The investigation of this officer-involved shooting included interviews of witnesses, collection of forensic evidence, review of body worn camera footage, and autopsy results from the medical examiner. After hearing testimony and evidence from the investigation, the grand jury concluded its deliberations yesterday, Aug. 30, and voted “no bill,” meaning a majority of grand jurors found the actions of the officer who shot Mr. Tsakiris were justified and no charges should be filed against him.
According to the investigation, at approximately 10:45 p.m. on Oct. 18, 2019, police officer Anthony DeMatteo of the Howell Township Police Department responded to a call of a reported stabbing at the home of Mr. Tsakiris on Walnut Street in Farmingdale. When officer DeMatteo arrived, he placed his medical bag on the front steps and knocked on the door. Mr. Tsakiris opened the door with a knife in his hand. Officer DeMatteo backed away as Mr. Tsakiris advanced on him with the knife. Officer DeMatteo gave repeated verbal commands to Mr. Tsakiris to back up. When Mr. Tsakiris did not comply with the commands and continued to advance toward Officer DeMatteo, Officer DeMatteo discharged his firearm, fatally wounding Mr. Tsakiris.
Aid was given to Mr. Tsakiris by officers arriving on scene as well as emergency medical personnel. Mr. Tsakiris was pronounced dead at the scene at approximately 11:02 p.m. An autopsy determined that the cause of death was multiple gunshot wounds.
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Teresa Oshel, 40, who also resided at the house, was found deceased in a bathroom from stab wounds. A third individual at the residence, Jeffrey Tsakiris, 36, was taken to the hospital where he was treated for stab wounds and later released.
A 2019 law, P.L. 2019, c. 1, requires the Attorney General’s Office to conduct investigations of a person’s death that occurs during an encounter with a law enforcement officer acting in the officer’s official capacity or while the decedent is in custody. It requires that all such investigations be presented to a grand jury to determine if the evidence supports the return of an indictment against the officer or officers involved.
After considering the facts, evidence, and testimony from the OPIA investigation, the state grand jury found the actions of the officer were justified. 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.
A conflicts check was conducted pursuant to the Independent Prosecutor Directive and no actual or potential conflict of interest was found involving any individual assigned to the investigation. Prior to presentation to the grand jury, the investigation was reviewed by OPIA Executive Director Thomas Eicher in accordance with the policies and procedures established for these presentations in the SOPs. At the conclusion of these investigations, pursuant to the Independent Prosecutor Directive and SOPs, OPIA determines whether any principal should be referred to the appropriate law enforcement agency for administrative review in accordance with the AG’s Internal Affairs Policy & Procedures. OPIA monitors any resulting review and takes such actions as are necessary to ensure that the review is completed in a timely fashion, and that appropriate actions are taken based on the results of the review.
The Independent Prosecutor Directive is posted on the Attorney General’s website at this link: https://www.nj.gov/oag/dcj/agguide/directives/ag-Directive-2019-4.pdf
Further information about how fatal police encounters are investigated in New Jersey under the directive is found at this link: http://www.nj.gov/oag/independent-prosecutor/