Denville Police Officer Richard Byrne Shoots Motorist Ruben Martinez

**kellyhound** · #1 ● 11-23-2008, 02:03 PM

A Morris County grand jury found that Denville Police Officer Richard Byrne's use of deadly force on 21-year-old Ruben Martinez was justified, and issued no criminal charges against him, Morris County Prosecutor Robert A. Bianchi announced.

Byrne had the right to use deadly force to prevent severe injury or death to himself or others, and "I think that's exactly what Officer Byrne did,'' Bianchi said.

Bianchi outlined the findings of his office's investigation and showed chilling video of the June 26 chase that preceded the shooting.

Martinez, a 2005 graduate of Morris Knolls High School, took off on eastbound Route 46 when Byrne tried to stop him for going 57 mph on Franklin Road, where the speed limit is 25 mph.

He whipped around short blocks, back onto Franklin Road, but lost control and spun out, facing the opposite direction, the video shows.

Byrne approached the passenger side of Martinez' Mustang Bullit with his gun drawn, ordering Martinez out of the car, but his finger was not on the trigger, Bianchi noted.

Martinez ignored Byrne and tried to start up his car, so Byrne re-holstered his gun and leaned into the car to grab the keys.

He could smell alcohol in the car, Bianchi said.
Officer Daniel Fernandez came up on the driver's side and banged Martinez' head against the door frame several times.

Martinez took his hands off the steering wheel and Byrne, believing Martinez was going to comply with orders, told Fernandez to let go of him, Bianchi said.

Martinez then put the car in gear and it lunged forward and backward, and then accelerated forward.

The passenger door hit Byrne's patrol car, and just before he got trapped between the two vehicles, Byrne pulled his legs into Martinez' car, Bianchi said.

Martinez shifted gears and accelerated over the next 7 1/2 seconds, reaching 75 mph when he passed Forest Trail.

Martinez fired five shots in the next two seconds. At Fernwood Trail, where the car went off the road, the Bullitt was going 89 mph, Bianchi said.

When Byrne emerged from the crash, he is breathing heavily and bending over.

"Did you shoot him?'' Fernandez asked, and Byrne said yes, prompting Fernandez to use an expletive.

Byrne, 36, has been very emotional since the incident, Bianchi said. He has not returned to work because of a shoulder injury that will require surgery, he said.

To shoot someone, even when justified, "is a very burden for anyone to bear,'' Bianchi said.

Ruben Martinez was a former Rockaway Township resident who was living in Texas. Martinez returned to New Jersey for his brother's high school graduation.

His estate has filed a notice of intent to sue the Denville police for excessive force, negligence and civil rights violations.

Earlier today, Denville Police Chief Christopher Wagner said, "I was confident from the beginning that the investigation into the facts and circumstances surrounding the events of June 26 would show that Officer Byrne did exactly what he had to do.''

"Regrettably, lives have been changed forever,'' Wagner said, noting the shooting has taken a toll on his officers as well as the Martinez family.

"I want to send my condolences to the Martinez family on behalf of the Denville Police Department,'' the chief said.