JACKSON – A Jackson police officer’s use of non-lethal force against a township resident was justified and the matter will not be presented to a grand jury.
According to an Oct. 26 press release from the Ocean County Prosecutor’s Office, the state Attorney General agreed with Joseph D. Coronato, the former prosecutor, that the use of force was legally justified and that there are no material facts in dispute that require presentation of the matter to a grand jury.
Just before 8 p.m. Dec. 23, 2017, the Jackson Police Department received a 911 call from Tyler Van Pelt who reported that his brother, Travis Van Pelt, was intoxicated and had assaulted him and his father.
Officers were dispatched to the family’s home on Laurel Avenue and the officers were informed that Van Pelt had been wielding a knife, according to the press release.
Sgt. Wayne Olejarz and Officer Anthony Riso responded to the scene. Upon their arrival, Riso spoke with family members outside the home. The family members informed Riso that Van Pelt was inside the residence, armed with a knife, and had threatened them.
Olejarz and Riso attempted to enter the home through the front and side doors, but were unsuccessful. Riso observed Van Pelt through a window while approaching the back door, but was unsuccessful in making contact with him, according to the press release.
Olejarz observed Van Pelt through the rear door and forced it open. Olejarz observed Van Pelt with a serrated knife and yelled at him to drop the knife. Van Pelt ignored the officer’s command and continued advancing toward him with the knife in his hand. Olejarz discharged his weapon and Van Pelt fell backward, according to the press release.
Authorities said Riso heard Olejarz yell at least once, in a loud and clear voice, while he was behind him on the stoop. Riso entered the residence and observed Van Pelt lying on the floor with a black serrated knife in close proximity to his left hand.
Jackson police notified the prosecutor’s office and the detectives from the Major Crimes Unit responded to investigate Olejarz’s use of force. Emergency responders transported Van Pelt to a hospital and he survived, according to the press release.
Authorities said Van Pelt subsequently acknowledged that he knew if he lunged at the officer that the officer would have to shoot him and that he felt terrible knowing he forced the officer to shoot him. Van Pelt said he lunged at the officer with a knife on purpose in an attempt to commit suicide, according to the press release.
Van Pelt was charged with attempted murder, possession of a weapon for an unlawful purpose, aggravated assault and two counts of simple assault. He pleaded guilty to aggravated assault by attempting to cause bodily injury with a deadly weapon.
On July 20, Van Pelt was sentenced to five years probation after serving 158 days in jail and was released to directly to a psychiatric hospital. Officials determined Olejarz used the appropriate force necessary to protect his life and that of his fellow officer and that he was legally justified in doing so, according to the press release.
