Paterson Police Officer Charged with Aggravated Assault for Allegedly Shooting Man in the Back

A Paterson police officer has been charged with second-degree aggravated assault and official misconduct after allegedly shooting a man in the back as he was running away from him last June. The gunshot left the victim with a disabling spinal injury.

Jerry Moravek, 40, was on duty with the Paterson Police Department when the incident occurred. According to the complaint and the affidavit of probable cause, Moravek chased the victim and repeatedly ordered him to drop a gun that was never found in the victim's possession. The body-worn camera footage does not show the victim brandishing a firearm.

The victim, who was left unable to walk, told officers that he was running because he was afraid and had no weapon. A discarded firearm was recovered near the scene, but it was not linked to the victim through DNA or fingerprint evidence.

“We have promised to never be complacent and we have made a commitment to stand up against unnecessary and excessive uses of force by those with a duty to protect the public, enforce the law and promote justice. There is no more significant action than the use of deadly force. Not only can it result in the unnecessary loss of life or permanent injuries and disabilities, but instances of uncalled-for, disproportional and destructive use of deadly force sow distrust in, and erodes respect for, law enforcement among the community,” said Attorney General Matthew J. Platkin. “Law enforcement officers across the country put themselves at risk every day, and in New Jersey, they receive extensive training to be able to determine when a threat is genuine and how to resolve a situation without the use of deadly force. Every case deserves a thorough investigation and here we have determined that the use of deadly force was not justified. A young man’s life will never be the same because of the unnecessary action by this officer, which contradicted his police training and his oath to protect and preserve life.”

According to the Attorney General's Guidelines on Use of Force, deadly force can only be used by police officers if necessary to protect themselves or others from imminent danger, or if the suspect would pose an imminent danger to public safety if not immediately apprehended.

“Under the law discharging a firearm is meant to be a last resort, used by officers when they or the public face an imminent threat of death or serious injury. That just wasn’t the situation here,” said Thomas Eicher, Executive Director of the Office of Public Integrity and Accountability, which investigated the case. “This lapse of judgment, this violation of the law and police procedures, has had a steep cost for the victim and it must have consequences.”

If convicted, Moravek could face up to 10 years in New Jersey State Prison on each count. The case is being prosecuted by the Office of Public Integrity and Accountability (OPIA).

This incident highlights the crucial importance of holding law enforcement accountable for their actions and ensuring that they follow proper protocols when using force.

For updates, subscribe to our free newsletter!

Support your local news!