Trenton, NJ – A state grand jury has decided not to file criminal charges against Officer Phillip Nguyen of the Middlesex County Sheriff’s Office in the fatal shooting of 45-year-old Atiba Lewis of Plainsboro, N.J. The announcement was made following a thorough investigation led by the Office of Public Integrity and Accountability (OPIA).
The case was presented to the grand jury in compliance with the Independent Prosecutor Directive of 2019. OPIA followed standard operating procedures to ensure neutrality and transparency during the grand jury process. Evidence, including body-worn camera footage and witness testimony, was reviewed by the grand jury, which concluded on August 21, 2023, voting “no bill,” indicating that no criminal charges will be filed against Officer Nguyen.
According to the investigation, the incident occurred on February 16, 2022, around 11:30 a.m. Law enforcement had been authorized to remove Mr. Lewis from an apartment on Ravens Crest Drive due to an eviction/ejection order. During the operation, they found firearms in Mr. Lewis’s residence, leading to a separate search warrant. Lewis, who was not at home during the search, was later approached by officers upon his return for unlawful possession of firearms.
The report states that Mr. Lewis brandished a knife and threatened officers while trying to evade arrest. Attempts to disarm him with Tasers were unsuccessful. Mr. Lewis advanced towards Officer Nguyen with the knife, leading the officer to discharge his firearm, resulting in Lewis’s fatal wounding.
Emergency medical personnel and officers administered first aid to Lewis, who was later pronounced dead at Princeton Hospital at 12:10 p.m.
Under a 2019 law, the Attorney General’s Office is required to investigate deaths occurring during encounters with law enforcement and to present the findings to a grand jury. In this case, no conflicts of interest were identified, and the investigation underwent review by OPIA Executive Director Thomas Eicher before being presented to the grand jury.
OPIA will determine if administrative review is necessary based on the results of this investigation, in line with the Attorney General’s Internal Affairs Policy & Procedures.