Wrongful death suit filed against Paramus cop who shot burglar

PARAMUS - The father of a man shot to death by police claims in a wrongful death and civil rights lawsuit that a police officer used excessive force when confronting his son -- a burglary suspect -- and that the Bergen County Prosecutor's office covered...

Wrongful death suit filed against Paramus cop who shot burglar

PARAMUS - The father of a man shot to death by police claims in a wrongful death and civil rights lawsuit that a police officer used excessive force when confronting his son -- a burglary suspect -- and that the Bergen County Prosecutor's office covered up facts surrounding the death.

Miguel A. Reyes, 20, of the Bronx, was one of four men trying to break into a Route 4 T-Mobile store on Oct. 8, 2014. Reyes was shot three times by a Paramus police officer as the burglars tried to get away in a car, authorities have said.

The lawsuit identifies the officer as Connor Nutland, though authorities have repeatedly declined to provide the officer's name.

"The (fatal shooting) investigation was a whitewash, characterized by a version of events that kept changing, and a conclusion that is indefensible, particularly with regard to the final, fatal shot," said attorney Niall MacGiollabhui. 

MacGiollabhui has filed a federal civil rights lawsuit against Nutland, the Paramus Police Department and the borough. The suit was filed on behalf of Reyes' father, Miguel A. Reyes-Marcelino, who is identified in court papers as administrator of his son's estate.

In a statement released Tuesday, Bergen County Prosecutor Gurbir S. Grewal said both county and state officials determined the shooting was justified because Reyes struck the officer with the getaway car.

"The deliberate actions that Mr. Reyes took while behind the wheel of the Kia clearly evince his intent," Grewal said in a statement. "Mr. Reyes ignored Officer 1's commands to stop. Instead, he backed up the Kia, then accelerated and drove at Officer 1."

The suit, however, which was filed Oct. 7, 2016 in U.S. District Court, alleges the officer fired at Reyes before a threat could be perceived and then shot him dead because Reyes looked at the officer.

"As Mr. Reyes attempted to reverse the Kia, (the officer) opened fire," the suit states. "Mr. Reyes was hit by gunfire, slumped onto the steering wheel and tried to pass by Connor Nutland."

Prosecutor's findings in fatal cop shooting

The suit states the Kia's front bumper struck the police car and that "Nutland leapt onto his own vehicle and from there onto the hood of Mr. Reyes' vehicle, from where he continued to fire at Mr. Reyes."

Both the prosecutor's finding and the lawsuit state Reyes' vehicle crashed into a side window of a Sleepy's store and that one more shot was fired.

"Connor Nutland ran after the vehicle (and) fired a final, fatal shot from behind Mr. Reyes, at close range, through the driver's side window," the suit states.

The prosecutor's office found that both the driver and a passenger in the Kia turned toward the officer after the car crashed into Sleepy's.

"Officer 1 then fired a single round into the driver's side window," the prosecutor said.

"According to the prosecutor's office, the final shot was justified because Miguel looked back at his killer just before he was shot," MacGiollabhui said.

Though gravely wounded, Reyes drove the car onto Route 4, where he crashed into a concrete divider, both the prosecutor and the lawsuit state.

Reyes then stumbled from the vehicle and called his father from his cellphone "and told him he was dying," the suit states.

Reyes died a short time later at Hackensack University Medical Center.

In all, 13 shots had been fired by the officer, according to the prosecutor's findings. Three struck Reyes; two from the front and one from behind.

Special ed teacher cleared of abuse

The Bergen County Prosecutor's Office later moved forward with cases against the other burglars, all of whom pleaded guilty, were sentenced and served prison terms.

The other suspects were identified as Nico Vega, Hector Felix and Josue Felix, all of The Bronx. All accepted plea deals in exchange for five-year sentences.

"Connor Nutland was an active participant in the plea negotiations, and his prior approval of the plea bargain was sought by the Bergen County Prosecutor's Office," MacGiollabhui alleges in the suit.

MacGiollabhui claims there were conflicts of interest because the prosecutor's office relied on Officer Nutland as their key witness in the burglary cases.

"How can you investigate a police officer for the shooting and rely on the same officer as your lead witness in the burglary cases?" MacGiollabhui asked.

MacGiollabhui states in the suit he has repeatedly asked both the prosecutor's office and the New Jersey Attorney General why the alleged conflicts were not investigated and why the Attorney General's office "was unwilling to follow its own directives" on conflicts.

"No response was forthcoming," the attorney states in the suit.

The wrongful death suit claims the officer violated Reyes' civil rights through use of excessive force.

"Deadly force was not necessary to prevent Mr. Reyes' escape," the suit states.

The lawsuit claims Nutland had only been a police officer since June 2014 - four months before the shooting - and that the Paramus Police Department and the borough failed to adequately train him.

In February 2016, Nutland was credited with foiling a burglary at the same T-Mobile store where Reyes was shot. Like the earlier incident, four suspected burglars were arrested.

The Bergen County Prosecutor's Office did not respond to an email seeking comment for this story.

Paramus Police Chief Kenneth R. Ehrenberg referred a reporter's questions to borough attorney Paul Kaufman.

Kaufman could not be reached for comment on Friday.

Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.

 

Our editors found this article on this site using Google and regenerated it for our readers.

NEXT NEWS