A state grand jury has voted not to file criminal charges against involved members of the New Jersey State Police (NJSP) at the conclusion of its deliberations regarding a death following a February 12, 2024 encounter with law enforcement in Knowlton, Warren County, New Jersey. The decedent was previously identified as 38-year-old Armond Anthony Avitable of East Stroudsburg, Pennsylvania.
Mr. Avitable’s death was investigated by the Office of Public Integrity and Accountability (OPIA) and presented to New Jersey residents serving on the grand jury in accordance with the Independent Prosecutor Directive of 2019. In July 2021, OPIA issued standard operating procedures (SOPs) to ensure these grand jury presentations are conducted in a neutral, objective manner, with appropriate transparency regarding the process, consistent with the directive.
The investigation included 911 calls, radio transmissions, witness interviews, photographs, video footage, medical records, as well as toxicology and autopsy results from the medical examiner. This evidence, including video of the incident, was presented to a state grand jury. After hearing the testimony and evidence, the grand jury concluded its deliberations last week and voted “no bill,” concluding no criminal charges should be filed against the state troopers who responded to the incident.
According to the investigation, on February 12, 2024, members of the NJSP responded to a 911 call received at approximately 7:51 p.m., reporting an active shooter at a residence on Columbia Street in Knowlton.
When law enforcement entered the residence, they found one female victim suffering from gunshot wounds. She was later pronounced deceased. A description of the suspect was obtained and troopers located Mr. Avitable, who matched the description, in the vicinity of Route 46 and Interstate 80.
At approximately 8:10 p.m., NJSP Sgt. Kyle Bruno along with responding State Troopers Sarah Heitzenroeder, Justin Watts, Conner McNemar, and Connor Krueger took Mr. Avitable into custody following a struggle. While in police custody, Mr. Avitable suffered a medical episode and became unresponsive. NJSP members performed lifesaving efforts, including the deployment of an automated external defibrillator, until emergency medical personnel responded to the scene to render aid. Mr. Avitable was taken by ambulance to Lehigh Valley Hospital — Pocono (Mount Pocono Regional) in East Stroudsburg, Pennsylvania, where he was pronounced deceased at approximately 8:57 p.m. An autopsy was performed and a Pennsylvania medical examiner concluded that the manner of Mr. Avitable’s death was accident and the cause of his death was “drug toxicity complicating hypertensive and arteriosclerotic cardiovascular disease.”
Footage from police body-worn cameras was previously released and is available here: https://njoag.box.com/s/5dx6w8syy3uxa5f6z0wpohdbfsmrb7gp
A 2019 law, N.J.S.A. 52:17B-107(a)(2), 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. It 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. The grand jury is instructed on the elements of the potential criminal offenses, including criminal homicide offenses, that could be brought and, as required by statutes, the grand jury is instructed on self-defense and other forms of legal justification.
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 the OPIA Executive Director 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 & Procedures. OPIA monitors any resulting review and takes such actions as are necessary to ensure that the review is completed in a timely fashion, and that appropriate actions are taken based on the results of the review.
Further information about how fatal police encounters are investigated in New Jersey under the Independent Prosecutor Directive can be found here:
https://www.nj.gov/oag/dcj/agguide/directives/ag-Directive-2019-4.pdf
