Judge Denies Request For Special Grand Jury In Deloatch Shooting Case

NEW BRUNSWICK — A Superior Court judge has denied a motion by the Middlesex County Prosecutor’s Office to create a special grand jury to exclusively hear testimony and review evidence in the fatal police shooting of a New Brunswick man in September.

As a result, the Middlesex County Prosecutor’s Office will present the case to one of four grand juries that will be empanelled during the first week of March.

Each grand jury in Middlesex County convenes once a week for 18 weeks to decide whether there is sufficient probable cause to bring criminal charges against individuals.

The grand jurors will have the benefit of seeing all of the evidence that was gathered and hearing all of the witnesses who were contacted during an extensive investigation by the Middlesex County Prosecutor’s Office.

By law, grand jury proceedings are shielded from public view. When the grand jury has completed its work, the results will be reported to the court and released to the public.

Grand juries are a function of the Superior Court and not the prosecuting agencies of New Jersey. Each county prosecutor’s office, and the Office of the Attorney General, is empowered to present evidence and testimony, but it is the grand jury that privately decides what action to take in each case that is presented.

Barry Deloatch, 46, was shot in an alley between two homes on Throop Avenue in New Brunswick at 12:12 a.m. on Sept. 22, 2011, during a foot pursuit involving two New Brunswick police officers.

An autopsy by the Middlesex County Medical Examiner’s Office determined that Deloatch was shot once in his left side and that the bullet pierced his aorta.

The Middlesex County Prosecutor’s Office is asking anyone who may have not yet come forward with information about the case to contact Investigator Jeffrey Temple at 1-732-745-3373.

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