A state grand jury has voted not to file any criminal charges at the conclusion of its deliberations regarding the death of Charles Tsakiris, 38, of Farmingdale, who was fatally shot by an officer of the Howell Police Department on Oct. 18, 2019.
According to an Aug. 31 press release from the New Jersey Office of the Attorney General, as required by statute, all fatal police encounters must be presented to a grand jury.
According to available evidence, including video from a body worn camera and the statement of a civilian witness, Tsakiris advanced at the officer with a knife after the officer responded to a 911 call reporting a stabbing.
The fatal police encounter was investigated by the Office of Public Integrity and Accountability (OPIA) and presented to 16 to 23 New Jersey residents called to serve on the grand jury in accordance with Directive 2019-4, the Independent Prosecutor Directive issued by the Attorney General in 2019, according to the press release.
In July 2021, OPIA issued standard operating procedures (SOPs) to ensure these grand jury presentations are conducted in a neutral, objective manner, and with appropriate transparency regarding the process, consistent with the Independent Prosecutor Directive.
The investigation of this officer-involved shooting included interviews of witnesses, the collection of forensic evidence, a review of body-worn camera footage and autopsy results from the medical examiner.
After hearing testimony and evidence from the investigation, the grand jury concluded its deliberations on Aug. 30 and voted “no bill,” meaning a majority of the grand jurors found the actions of the officer who shot Tsakiris were justified and no charges should be filed against him, according to the press release.
According to the investigation, at 10:45 p.m. on Oct. 18, 2019, Howell Police Officer Anthony DeMatteo responded to a call of a reported stabbing at the home of Tsakiris on Walnut Street in Farmingdale.
Farmingdale does not have its own police department. Coverage in the borough is generally provided by the New Jersey State Police.
When DeMatteo arrived at the scene, he placed his medical bag on the front steps and knocked on the door. Tsakiris opened the door with a knife in his hand.
DeMatteo backed away as Tsakiris advanced on him with the knife. DeMatteo gave repeated verbal commands to Tsakiris to back up. When Tsakiris did not comply with the commands and continued to advance toward DeMatteo, the police officer discharged his firearm, fatally wounding Tsakiris.
Aid was given to Tsakiris by officers arriving on scene, as well as by emergency medical personnel. Tsakiris was pronounced dead at the scene at 11:02 p.m. An autopsy determined the cause of death was multiple gunshot wounds, according to the press release.
Teresa Oshel, 40, who also resided at the house, was found deceased in a bathroom from stab wounds. A third individual at the residence, Jeffrey Tsakiris, 36, was taken to a hospital where he was treated for stab wounds and later released.
A 2019 law requires the Attorney General’s Office to conduct investigations of a person’s death that occurs during an encounter with a law enforcement officer acting in the officer’s official capacity or while the decedent is in custody.
The law requires that all such investigations be presented to a grand jury to determine if the evidence supports the return of an indictment against the officer or officers involved.
After considering the facts, evidence and testimony from the OPIA investigation, the state grand jury found the actions of the officer were justified, according to the press release.
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.
A conflicts check was conducted pursuant to the Independent Prosecutor Directive and no actual or potential conflict of interest was found involving any individual assigned to the investigation.
Prior to presentation to the grand jury, the investigation was reviewed by OPIA Executive Director Thomas Eicher in accordance with the policies and procedures established for these presentations in the SOPs.
At the conclusion of these investigations, pursuant to the Independent Prosecutor Directive and SOPs, OPIA determines whether any principal should be referred to the appropriate law enforcement agency for administrative review in accordance with the AG’s Internal Affairs Policy and Procedures.
OPIA monitors any resulting review and takes such actions as are necessary to ensure the review is completed in a timely fashion and that appropriate actions are taken based on the results of the review, according to the press release.