PATERSON, NJ — A New Jersey judge has thrown out charges against a police officer faces charges for shooting and paralyzing a Paterson man after prosecutors said they found new evidence in the case.
Superior Court Judge Marilyn Clark dismissed the charges Monday after prosecutors said they found photos showing the man with a gun shortly before he was shot.
Paterson police Officer Jerry Moravek was charged with assault and misconduct in the 2022 shooting death of Khalif Cooper, which left him paralyzed.
Attorney General Matt Platkin’s office said in a statement that it had filed a motion to dismiss the charges so that a grand jury could review the available evidence, including the new photos.
“It is the state’s intent to complete a new investigation based on the new evidence and re-present our case to a grand jury. Our goal is not to win, but to do justice,” Platkin’s office said in an emailed statement Tuesday.
Moravek’s attorney, Charles Sciarra, said the entire basis of the case rested on the “false premise” that there was no gun.
“We believe the state should now drop this case completely and not allow Moravek and all the police officers running toward the gunfire to run away from it,” Sciarra said in an emailed statement.
The charges stem from a June 2022 incident in which Moravek saw the victim, who was not initially identified by authorities but has since spoken to reporters, run past him shortly after hearing gunshots. Moravek yelled at the person to drop the weapon before firing, striking Cooper in the back.
Platkin had said Cooper did not have a gun in his possession or within reach. A gun was found near the shooting, according to the charging document, but Platkin said there was no DNA or fingerprint evidence linking it to the man.