TRENTON, NJ – An investigation into a shooting by an ATF agent during an undercover gun trafficking operation has been cleared of wrongdoing by the Mercer County Prosecutor’s Office and the New Jersey Office of the Attorney General
ATF and FBI conducted joint undercover investigations involving handgun purchases on March 22, 2021. An ATF special agent was forced to turn over United States currency during the undercover transaction as the suspect pointed a gun at the agent and demanded the money.
The agent exited the vehicle, stepped toward the rear of the undercover vehicle, and fired at the armed suspect.
After firing at the undercover agent, the suspect exited the car and fled on foot on Atlantic Avenue.
During the fleeing on Atlantic Avenue, there was also a gunfight.
Jabree Johnson arrived at Capital Health Regional Medical Center with a non-fatal gunshot wound to the shoulder. He was identified as the suspect. Johnson was charged with one count of assault on a federal officer with a deadly weapon, one count of robbery with a dangerous weapon of an individual with custody of federal property, and one count of carrying a firearm while engaged in violence. The federal case is still pending.
After conducting an investigation into the incident, the Mercer County Prosecutor’s Office concluded that the force was legal. Since no material facts dispute the lawfulness of the use of force, the MCPO determined it was not necessary to present the matter to the grand jury.
The investigation was conducted in accordance with the Attorney General’s Independent Prosecutor Directives (July 28, 2015, Supplemental Law Enforcement Directive Regarding Uniform Statewide Procedures and Best Practices for Conducting Police Use of Force Investigations) (“Directives”). In accordance with the Directives, the Attorney General’s Office reviewed the use of force independently and agreed with the MCPO that the use of force by the special agent was justified.
According to the MCPO, this matter should not be presented to the grand jury. Because this was a non-fatal shooting, presentation to the grand jury was not required under Senate Bill 1036, which modified N.J. Statutes 52:17B-107, and requires the Attorney General to conduct investigations of fatal police encounters and present them to the grand jury.
During the investigation, the ATF special agent stated he feared for his own life and that of his partner when Mr. Johnson pointed a loaded firearm at him during the robbery.
The agent believed that discharging his weapon was necessary to protect his life and that of his partner.
“An independent analysis of the undisputed material facts led to the determination that the agent’s beliefs were reasonable, and the use of force in this matter was justified pursuant to all applicable laws and the Attorney General Guidelines.” the state said in a statement today.