Jason Urban
Passaic County Prosecutor Camelia M. Valdes issues a public statement
regarding the outcome of an investigation into the discharge of a firearm by a
Passaic Police Officer.
On May 10, 2023, a Passaic Police Officer discharged his service weapon
while on duty. Pursuant to Attorney General Directive 2019-4, the Attorney
General’s Office of Public Integrity and Accountability was notified. A
comprehensive conflicts inquiry, required pursuant to Section II, C, 2 of Attorney
General Directive 2019-4, was conducted and no conflicts were identified. The
Passaic County Prosecutor’s Office was designated the independent prosecutor for
this officer involved shooting,
An investigation by the Passaic County Prosecutor’s Office Shooting
Response Team commenced. The Passaic County Prosecutor’s Office Shooting
Response Team’s investigation included neighborhood canvassing, civilian and
police witness statements, review of video footage, review of 911 and radio
transmissions, and collection and review of physical evidence.
On May 10, 2023, the Passaic Police Department received a 911 call about a
man with a gun. Passaic Officers responded to the location. Upon arrival to the
area, Passaic Police Officers encountered Jason Urban, 42, of Passaic, New Jersey.
Urban had a firearm in his hand and he fired several rounds from the handgun into
the air. Responding officers gave him verbal commands to drop the firearm, which
he disregarded. After firing the rounds in the air, Urban pointed the firearm in the
direction of a Passaic Police Officer. At that point, Passaic Officer Jason O’Neal
discharged his department issued firearm eight times, striking Urban. Urban was
taken into custody and transported to Saint Joseph’s University Medical Center for
treatment. The firearm he held and fired was recovered by police. It was a Smith
& Wesson .44 Magnum that had been reported stolen out of Stroudsburg,
Pennsylvania.
On Monday, June 19, 2023, a Passaic County Grand jury handed up
Indictment 23-06-00578-I, charging defendant Urban with: one count of second
degree Unlawful Possession of a Firearm, in violation of N.J.S. 2C:39-5b, one
count of second degree Possession of a Firearm for an Unlawful Purpose, in
violation of N.J.S. 2C:39-4a, one count of third degree Receiving Stolen Property,
in violation of N.J.S. 2C:20-7a, and one count of fourth degree Aggravated
Assault, in violation of N.J.S. 2C:12-1b4. An Arraignment on the Indictment will
be scheduled by the Passaic County Superior Court Criminal Division. On May
19, 2023, the defendant was ordered detained pretrial by Judge Imre Karaszegi, Jr.
on motion of the State.
A criminal indictment is merely an accusation. Despite this Indictment, the
defendant is presumed innocent unless and until proven guilty beyond a reasonable
doubt.
Consistent with Directive 2019-4, Section II. H. 3., Officer O’Neal’s use of
force was presented to a different Grand Jury panel than the one that considered
the charges against defendant Urban. After hearing the details of the investigation
and being instructed on the applicable law, the Passaic County Grand Jury found
that Officer O’Neal’s use of force was legally justified. Under the law of the State
of New Jersey, a person may use force on another to protect a third person when
that third person would be justified to use force in self-protection. The use of
deadly force is justified to defend against the threat of force of equal severity.
Here, the Grand Jury heard evidence that Urban pointed a loaded, operable firearm
at a Passaic Police Officer. Officer O’Neal was justified in his use of deadly force
to protect his fellow officer from the threatened use of deadly force by Urban.
