State of New Jersey in the Interest of M.P., a Juvenile

CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 5, 2024
DocketA-3434-22
StatusUnpublished

This text of State of New Jersey in the Interest of M.P., a Juvenile (State of New Jersey in the Interest of M.P., a Juvenile) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3434-22

STATE OF NEW JERSEY IN THE INTEREST OF M.P., a juvenile _________________________

Submitted December 13, 2023 – Decided February 5, 2024

Before Judges Vernoia and Walcott-Henderson.

On appeal from an interlocutory order of the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FJ-07-1120-22.

Joseph E. Krakora, Public Defender, attorney for appellant (John P. Flynn, Assistant Deputy Public Defender, of counsel and on the brief).

Theodore N. Stephens, II, Acting Essex County Prosecutor, attorney for respondent (Matthew E. Hanley, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

By leave granted, juvenile-defendant M.P. appeals from a June 14, 2023

order granting the State's motion to waive jurisdiction of all charges against him

to the Criminal Division pursuant to N.J.S.A. 2A:4A-26.1. M.P. was seventeen years old when he was arrested and charged with acts

of delinquency, which if committed by an adult, would constitute the crimes of:

first-degree attempted murder, N.J.S.A. 2C:11-3(a)(1)1, second-degree

conspiracy to commit murder, N.J.S.A. 2C:5-2(a)(2) and N.J.S.A. 2C:11-

3(a)(1), fourth-degree criminal mischief, N.J.S.A. 2C:17-3(a), and three

possessory weapons offenses, N.J.S.A. 2C:39-5(b), N.J.S.A. 2C:39-4(a), and

N.J.S.A. 2C:58-6.19(b).

We discern the following facts from the evidence adduced at the waiver

hearing. Police officers responded to a shot spotter alert in the Grace West

Manor residential complex in Newark. Detective Javier Figueroa from the

Newark Police Department Major Crimes Shooting Response unit was among

the officers who responded to the scene. At the waiver hearing, he testified the

investigation began with the photographing and collection of evidence,

including multiple shell casings found in Grace West's parking lot and a

projectile retrieved from the interior of a nearby apartment's bedroom wall.

That same evening, Detective Figueroa contacted Grace West's property

management office and requested video footage from a surveillance camera he

1 Although not expressly referenced in the charge disposition document provided in the record on appeal, we note that M.P. was charged with an attempt under N.J.S.A. 2C:5-1 to commit murder as an act of juvenile delinquency. A-3434-22 2 had observed in the parking lot area where the shooting occurred. Detective

Figueroa later testified that from that video footage, which included recordings

from seven camera angles, he could see one entrance into Grace West.2 The

video showed two masked "actors" entering Grace West through a gate and

walking into the parking area where the shell casings had been found.

According to Detective Figueroa, one of the individuals wore "a red and blue

sweater," and the other individual wore a black sweater "with white writing in

the back." Both individuals could be seen firing multiple shots at an unknown

and yet unidentified victim.3 Detective Figueroa also explained the recordings

showed that the individual wearing the black sweatshirt actively pursued the

unidentified victim towards the apartment complex and then both shooters ran

from Grace West in the direction of another nearby residential complex known

as Fairview Homes.

Approximately one to two days later, Detective Figueroa secured video

footage from the evening of the shooting from surveillance cameras outside of

2 Grace West Manor is located at the intersection of Muhammad Ali Avenue and 220 Irvine Turner Boulevard and is accessible by a gate. 3 All parties agree that the person observed to be running from defendant at the time of the shooting has never been identified and was not a witness in the juvenile waiver hearing. A-3434-22 3 Fairview Homes. The Fairview video surveillance cameras captured individuals

wearing the same-colored clothing as those in the video footage from Grace

West on the evening of the shooting. Recordings from the cameras showed two

individuals—one wearing a black sweatshirt with a white skull on the back and

blue jeans, and the other wearing a red and blue sweater with grey pants.

Detective Figueroa testified the video recordings showed the individual wearing

the black sweatshirt moving around the Fairview complex from the playground

area to the parking lot.

From other video footage, these same two individuals were observed

getting into a grey Volkswagen SUV with a male driver wearing a white t-shirt,

black jeans, and red sneakers. The video showed the Volkswagen and its three

occupants leaving the Fairview complex. Detective Figueroa further testified

that from the Fairview video footage and additional video surveillance footage

from street cameras at 220 Irvine Turner Boulevard, with their multiple camera

angles, he observed the Volkswagen drive from 220 Irvine Turner Boulevard,

the street located just outside Fairview, to Grace West's parking area around the

time of the shooting. Thereafter, two individuals—identified by the detective

as M.P. and his co-defendant—could be seen exiting from the rear of the

A-3434-22 4 Volkswagen and entering the area of Grace West's parking lot, and later

returning to the Volkswagen after the shooting.

Detective Figueroa testified that from the same video footage, he captured

"still" photographs of the individuals, including M.P., and after learning that

M.P. was a juvenile, he contacted M.P.'s father, also a resident of Newark, for

an interview. Approximately four months after the shooting, M.P.'s father

identified him from a still photograph that had been taken from the surveillance

video footage—although he could not positively identify M.P. from other

photos. Thereafter, M.P. was taken into custody and charged in the Family Part

with the aforementioned offenses. The Essex County Prosecutor's Office

subsequently sought to waive defendant to the Criminal Division pursuant to

N.J.S.A. 2A:4A-26.1 and Rule 5:22-2, and filed its waiver motion.

The prosecutor issued a statement of reasons addressing the eleven factors

that must be considered in making a waiver determination under N.J.S.A.

2A:4A-26.1(c)(3)(a)–(k). The State based its findings on the evidence available

to it at the time, noting that it could not address factors N.J.S.A. 2A:4A-

26.1(c)(3)(e)—eligibility for special education—and N.J.S.A. 2A:4A-

26.1(c)(3)(j)—evidence of mental health concerns, substance abuse or

emotional instability of the juvenile—due to a lack of information. Although

A-3434-22 5 the prosecutor did not separately weigh each of the factors in her statement of

reasons, she explained that "[t]he nature and circumstances of this crime weigh

heavily in favor of waiving this juvenile to adult court," and noted that M.P. had

"reached the age of majority . . . a few short months after committing the

aforementioned crimes." The statement also listed the then-current charges and

included extensive references to M.P.'s prior history of delinquency.

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State of New Jersey in the Interest of M.P., a Juvenile, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-new-jersey-in-the-interest-of-mp-a-juvenile-njsuperctappdiv-2024.