ELIZABETH, NJ – On December 27, a Union County grand jury concluded that no criminal charges should be filed in the March 24, 2021, non-fatal police shooting of Miguel Nunez in Elizabeth, New Jersey. The Union County Prosecutor’s Office (UCPO) conducted the investigation, adhering to the New Jersey Attorney General’s Office’s 2019 Independent Prosecutor Directive.
The comprehensive investigation involved witness interviews, surveillance footage, physical and ballistics evidence. Evidence and testimony from the involved officers – Detective Anthony Berke, Detective Vincent Civitello, and Patrolman Ian Paulic – were presented to the grand jury, which voted “no bill,” indicating no charges warranted.
On March 24, 2021, the officers, part of a DEA Task Force, were conducting a narcotics investigation in Elizabeth. At around 4:00 p.m., they approached a suspect Mercedes Benz SUV in the Ruby Tuesday’s parking lot. The vehicle struck a police car and an officer, prompting the officers to fire several rounds. Nunez, the driver, sustained non-life-threatening injuries. Over a kilogram of Fentanyl was found in the vehicle. Nunez and passenger Jesus Candido Higuerra-Parra faced charges for Possession of Fentanyl with Intent to Distribute.
The grand jury was instructed on legal justifications including self-defense and use of force in law enforcement. Their decision affirmed the officers’ actions as legally justified.
Assistant Attorney General Nicholas Kormann and Union County Assistant Prosecutor Robert Rosenthal ensured the investigation’s integrity, with no conflicts of interest found in the case.