Denville Shooting Incident - Update
June 30, 2008: Morris County Prosecutor Robert A. Bianchi, Esq. and Deputy Chief of Investigations William Schievella announce the on-going investigation into the events that led to the shooting death of Ruben Walter Martinez, age 21, of Dover, New Jersey ("decedent"), who was shot by Denville Township Police Officer Richard Byrne.
On Thursday June 26, 2008 at approximately 2:14 am, Officer Richard Byrne attempted to effectuate a motor vehicle stop in the area of Franklin Road and Route 46 East. Preliminary investigation reveals a pursuit ensued. Ultimately, a crash occurred in the area of 1 Geraldine Court and Franklin Road.
Various pieces of evidence were recovered at the scene which will be reviewed for forensic analysis.
Numerous witness statements and other investigative leads are being pursued by members of the Morris County Prosecutor's Office Major Crimes Unit, Professional Standards Unit and Accident Reconstruction Unit. Numerous members of the Legal and Investigative Staff of the Morris County Prosecutor's Office have been investigating this incident since its inception to the present.
The decedent was transported to St. Clare's Hospital in Denville where he was pronounced dead at 2:55 am. Autopsy and toxicology reports are still pending. Officer Byrne was also transported to St. Clare's Hospital where he was treated and released.
Prosecutor Robert A. Bianchi, Esq. stated, "The Morris County Prosecutor's Office along with the Morris County Sheriff's Office are conducting a thorough, independent and objective investigation pursuant to the Attorney General Guidelines. Ultimately, our findings and conclusions will be reported to and reviewed by the Attorney General's Office. We continue to proceed in a thorough and deliberate manner. We will not rush to judgment until all of the facts available are gathered and analyzed, and we will issue findings based upon an unbiased set of facts, and not upon supposition, rumors, or with sympathy, bias or prejudice to any interested party.
We will only issue conclusions once all the facts are secured, and only after all relevant witnesses have been interviewed. This ensures the integrity of the investigation, by ensuring that witnesses are not tainted by reports released to the public, and allows the Martinez family the opportunity to ask questions of concern before the matter becomes public. We have extensively discussed this matter with the Martinez family attorney as well.
The following details the status of this comprehensive investigation as of today's date. Further details will be available when the interviews are completed and other investigative and forensic matters have been satisfied.
The accident reconstruction is complete and we are awaiting a final report.
Toxicology reports of the decedent's blood are pending.
We have successfully downloaded the video from the Denville Police vehicle. The video has been reviewed by the MCPO team handling the case and it has assisted us in the investigatory process. The video will be publicly released when it is determined that the release of the information will not taint or affect the integrity of the investigation.
Numerous witness interviews have been conducted and this process is on-going.
Necessary records from the Denville Police Department have been secured and they are in the process of being reviewed.
The Morris County Prosecutor's Office legal staff are reviewing all relevant AG use of force guidelines, legal issues, and training standards for police officers on the use of force.
All photos and video recordings taken by investigators are in the process of being reviewed by the investigative team.
There are approximately 6 attorneys, the Prosecutor himself, and approximately 20 detectives from the MCPO that have been working steadily on the case.
There are 5 areas of analysis that the attorneys and detectives are broken down into:
1. The facts of the shooting.
2. Evaluation of the scene and all related facts and evidence
3. The law on use of force and AG guidelines, including officer training given to police officers in NJ.
4. A review of Denville Police records.
5. Forensic evaluations of experts.
At the conclusion of the investigation, a final report will be prepared by me, and be delivered to the New Jersey State Attorney General for her review. This investigation has moved rapidly due to the professionalism of the Morris County Prosecutor's Office staff, the Morris County Sheriff's Office as well as, the cooperation of the Denville Police Department.
This investigation is being done in a thorough, independent and objective manner. We have a duty to the community to share all of the facts and circumstances surrounding the death of Mr. Martinez and we will do so only when it is determined that it will not have the capacity to taint the investigatory process.
I recognize the public and media's desire to have information immediately. But, I have an obligation to ensure that the truth of what happened here is secured, without the possibility that witnesses are affected by the premature release of information that is unverified, or when it has the capacity to compromise our ability to get the unadulterated and uninfluenced sworn statements of the witnesses. This would be a disservice to the Martinez family, as well as, Officer Byrne who are entitled to an investigation that is untainted, accurate and fair."
Media Contact: Agent Robyn D'Onofrio
