Under the Attorney General’s Directive on Police-Use-of-Force Investigations, the incident was investigated by the Attorney General’s Shooting Response Team, made up of investigators from the Division of Criminal Justice and the New Jersey State Police Major Crime Unit. As a result of the investigation, Director Elie Honig of the New Jersey Division of Criminal Justice determined that presentation of the police-involved shooting to a grand jury was not required under the directive, because the undisputed facts showed that the use of force was justified under the law. The investigation included witness interviews, forensic analysis of the scene, an autopsy and other evidence.

With regard to the specific factual circumstances of the incident, the investigation revealed that at approximately 11 p.m. on February 5, 2016, members of the Manchester Police Department attempted to serve a child support warrant on Shayna Palmieri at a residence at 257 Pine Acres Manor, Toms River, N.J., where she lived with Laniado, who was her boyfriend. Laniado refused to allow Palmieri to surrender to officers and locked himself and Palmieri inside the residence. Officers attempted to talk to Palmieri and get her to come out, but were unsuccessful. Officers observed Laniado holding a knife and throwing several items out of the windows of the residence. At one point he threw a makeshift spear at the officers. Palmieri was always in close proximity to Laniado.

The Ocean County Regional SWAT Team was called and responded to the scene as the situation escalated. Members of the team attempted to negotiate with Laniado using a “throw phone” they introduced into the residence through a broken window but were unsuccessful. Negotiators ultimately made verbal contact with Laniado through the broken windows. Members of the Ocean County Regional SWAT Team attempted to negotiate the surrender of Laniado and Palmieri over the course of several hours.

At approximately 4 a.m. on February 6, 2016, after negotiations failed, Ocean County Regional SWAT Team members deployed tear gas into the residence to force Laniado and Palmieri to come out. This decision was made because Laniado was becoming increasingly combative and would not voluntarily surrender. Laniado and Palmieri ran from the residence into the porch area after the tear gas was deployed. As officers approached, they observed a knife on Laniado’s belt, but Laniado and Palmieri returned to the interior of the residence. At this time, Officer 1 assigned Officers 2 and 3 to be the “contact team” to arrest Laniado and Palmieri if they came out again.

As Laniado and Palmieri emerged from the residence for the second time, Laniado was observed holding a knife in his left hand and pulling Palmieri with him with his right hand as they moved parallel with the officers’ position. Multiple officers, including the negotiator, gave verbal commands to Laniado to drop the knife. Laniado, after spinning the knife in his hand several times, threw it over his shoulder. Officers continued to give verbal commands to surrender as Laniado and Palmieri continued to move parallel with the officers. Officer 1, concerned about Laniado’s emotional state and the possibility of another knife based on having observed one on Laniado’s belt earlier, did not want Officers 2 and 3 to attempt to arrest Laniado and Palmieri immediately.

As Laniado moved toward the street, he reached across his body with his left hand and drew a second knife from his waistband area. Officer 1 saw the knife and fired multiple less lethal rounds from an FN 303 less lethal launching system, which fires blunt force projectiles that break apart on impact to avoid penetrating injuries. Laniado doubled over but did not fall and appeared angered by the less lethal rounds. Laniado then charged the SWAT team members, and Officers 2 and 3 fired their weapons at Laniado, who fell to the ground. Two knives, one eight inches long and one six inches long, were recovered, one near where Laniado dropped the first knife and the other near his body.

During his statement, Officer 1 indicated that he was aware that he previously had responded to the Laniado residence in 2014 after Laniado had called the police department and said “I’m going to be famous…I’m going to get a cop to shoot me.” As a result, there was an officer safety warning on the residence. Officer 1 also remembered an incident where Laniado had crashed into his gas meter, and was aware of an incident the night before the shooting where Laniado may have displayed a knife to neighbors. According to Officer 1, when he fired his less lethal rounds, he was in fear for Palmieri’s safety, his own safety, as well as that of his fellow officers.

Statements were also taken from Officers 2 and 3, who were both SWAT team members tasked as the “contact team” to arrest Laniado and Palmieri. According to Officer 2, after Officer 1 discharged the less lethal rounds, Laniado charged the SWAT team members and was close enough to Officer 3 to stab Officer 3. According to Officer 2, fearing for his own and Officer 3’s safety, he fired three to four rounds from his duty weapon and stopped firing when Laniado fell to the ground.

Officer 3 stated that when he saw Laniado draw the second knife he yelled “less lethal,” causing Officer 1 to fire less lethal rounds. Officer 3 reported Laniado was not felled by the less lethal rounds, appeared angered, and charged Officer 3 with the knife out. Officer 3 reported he fired his duty weapon at Laniado and stopped firing when Laniado fell to the ground and was no longer a threat. After Laniado fell, Officer 3 yelled for someone to get the knife away from Laniado. Laniado was taken to Community Medical Center, where he was pronounced dead. There is mobile video recorder footage from one of the police cars that is consistent with the officers’ statements. Palmieri was not harmed during the incident.

On February 7, an autopsy was performed on Laniado. The autopsy report found that Laniado sustained multiple gunshot wounds. Laniado sustained gunshot wounds to his left arm, left forearm, left shoulder, the front and back of his torso, his chest, and abdomen. Laniado also sustained projectile wounds to the chest from the less lethal rounds that consisted of four contusions to the right chest and one to the left pectoral area. A toxicology analysis confirmed the presence of alcohol and marijuana.

After analyzing all of the facts and circumstances of this incident within the context of the Attorney General’s Use-of-Force Policy, Director Honig concluded that Officers 1, 2, and 3 used an acceptable level of force in pointing and firing first less lethal rounds and then their weapons at Laniado. The facts and circumstances reasonably led Officers 1, 2, and 3 to believe that their actions were immediately necessary to protect themselves, their fellow officers and Palmieri. An officer may use deadly force in New Jersey when the officer reasonably believes it is immediately necessary to protect the officer or another person from imminent danger of death or serious bodily harm.

This matter was reviewed by Director Honig and all portions of the Attorney General’s Directive on Police-Use-of-Force Investigations that were in effect during the course of the investigation were complied with.

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