The shooting was investigated by the Attorney General’s Shooting Response Team, made up of investigators from the Division of Criminal Justice and the New Jersey State Police Major Crime Unit.  After hearing testimony and evidence from the team’s investigation, the state grand jury today voted “no true bill,” meaning it declined to indict any of the troopers.

With regard to the specific factual circumstances of the incident, the investigation revealed that on Nov. 16, 2013, state troopers from the New Jersey State Police Metro South Unit obtained information that two individuals, later identified as Alberto Lopez and Masim Muse, were about to illegally sell an AK-47 assault rifle in the parking lot of a business in the 100 block of Marlton Pike.  The troopers had a description of the car used by the suspects, which was a green Oldsmobile.  Seven troopers in two minivans set up surveillance around the location, and at approximately 4:06 p.m., troopers saw the green Oldsmobile arrive and park at the business.  Lopez was driving and Muse was in the passenger seat.

One minivan occupied by four troopers was driven around the business and positioned to block the Oldsmobile, with the front end of the minivan to the front end of the car.  The troopers exited that minivan and identified themselves as State Police.  The troopers shouted for the suspects to show their hands, but the suspects failed to obey the commands. Lopez instead backed out of the parking lot onto Marlton Pike at high speed, nearly striking the second minivan, occupied by three troopers, which had been parked across the road and was being maneuvered into position to block the suspects.  The second minivan stopped in front of the Oldsmobile and troopers also exited that vehicle.

Five troopers from the minivans converged on the Oldsmobile on foot and positioned themselves in front and at the sides of the car.  Troopers stated that the car jerked forward, nearly striking several troopers who were between the car and the second van.  The car then was thrown into reverse, and several troopers stated that they saw Muse lift, raise or point an assault rifle.  They stated that one or more troopers yelled “gun.”  The five troopers discharged their weapons, firing a total of 23 rounds, including two rounds from an AR-15 rifle, while pursuing the car on foot.  Troopers stated that they believed their lives were in danger because an AK-47 can rapidly deliver rounds that will pierce body armor.  The car traveled several hundred feet in reverse with troopers running after it before it stopped.  Lopez and Muse then surrendered and were arrested.  An AK-47 type assault rifle was seized from the front seat of the car, along with two high-capacity ammunition magazines.

Muse was wounded in his right leg, and a bystander who was walking several hundred feet away also suffered a leg wound.  Both were treated and released by Cooper University Hospital.

An officer may use deadly force in New Jersey when the officer reasonably believes it is immediately necessary to protect the officer or another person from imminent danger of death or serious bodily harm.

Lopez and Muse were indicted on April 20, 2015 by a separate state grand jury in connection with the incident.  Lopez, 23, of Camden, was charged with the following crimes:

• second-degree attempted aggravated assault,
• third-degree attempted aggravated assault (two counts),
• second-degree eluding,
• third-degree resisting arrest,
• second-degree unlawful possession of a weapon,
• fourth-degree unlawful possession of a large-capacity magazine,
• third-degree transporting an assault firearm, and
• fourth-degree transporting a large-capacity magazine.

Muse, 25, of Camden, was charged with these crimes:

• second-degree unlawful possession of a weapon,
• second-degree possession of a weapon for an unlawful purpose,
• fourth-degree unlawful possession of a large-capacity magazine,
• third-degree transporting an assault firearm, and
• fourth-degree transporting a large-capacity magazine.

The charges against Lopez and Muse are pending.  The indictment is merely an accusation and the defendants are presumed innocent until proven guilty.

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