'We now know without a doubt there was a gun': Officer involved shooting case dismissed after new evidence is uncovered

PATERSON, NJ - A New Jersey judge dismissed all charges against a Paterson police officer on Monday after new evidence revealed that a suspect shot by the officer was in possession of a firearm the day he was suspected of shooting at officers and fleeing from them. That decision hinged on that key piece of evidence not presented to the Grand Jury during deliberations.

As reported by The New York Times, Officer Jerry Moravek of the Paterson Police Department was facing charges of aggravated assault and official misconduct after he fired at suspect Khalif Cooper, striking him in the back as Cooper fled and ultimately paralyzing him from the waist down.

However, Judge Marilyn C. Clark dismissed the charges Monday without prejudice at the request of the New Jersey Attorney General's Office. Assistant Attorney General Nicholas Kormann said the state intends to investigate the case in light of the new evidence and may go before a new Grand Jury seeking another indictment.

The attorney representing Moravek reportedly called for the New Jersey AG to drop the case against the officer and praised Judge Clark's ruling as a vindication of his client.

“Despite Officer Moravek testifying he saw the perpetrator with a gun, the entire premise of this case was based on the now clearly false premise that there was no gun,” Sciarra said in a statement to the Times. “We now know without a doubt there was a gun.”
 
The evidence was uncovered last week when Moravek's legal team moved for prosecutors to review data from two cell phones that were seized during Cooper's arrest. In a brief filed shortly after, the prosecution revealed that they had overlooked the images on the phone which were first uncovered in June.

According to The Patterson Press, Judge Clark noted that the Attorney General's Office had repeatedly asserted to the Grand Jury that Cooper was unarmed when Officer Moravek shot him. Clark said that the authorities had  "a legal responsibility" to turn over the images showing Cooper with a weapon to the officer's defense attorneys.

Clark ordered the state prosecutors to inform Moravek's legal team by November 1 whether or not it plans to bring the case to a new Grand Jury by no later than December 1 or drop the charges entirely, per The New Jersey Monitor.
 
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