OFFICE OF THE COUNTY PROSECUTOR JENNIFER CUMBERLAND COUNTY PROSECUTOR Harold B. Shapiro Richard E. Necelis First Assistant Prosecutor Chief of Investigators 115 Vine Street Bridgeton, New Jersey 08302 Telephone (856)453-0486 Fax (856)451-1507 June 1, 2017 PRESS RELEASE CUMBERLAND COUNTY OFFICE DETERMINES VINELAND USE OF DEADLY FORCE IN APRIL 17, 2016 POLICE SHOOTING WAS LEGALLY JUSTIFIED On April 17, 20.16, a Vineland Police Department Officer was involved in the fatal shooting of Richard Bard, Jr. The incident occurred shortly after 1:00 am. at the corner of South East Avenue and Montrose Street in Vineland, Cumberland County, New Jersey. The Cumberland County Prosecutor's Office and the New Jersey State Police Crime Scene Unit investigated the incident. At the outset of the investigation, a comprehensive conflicts inquiry was conducted to ensure that no actual or potential conflict of interest existed for any of the Prosecutor's Office personnel assigned to the investigation. The Prosecutor's Office investigation consisted of witness interviews, record documentation, and collecting and analyzing forensic evidence; among the numerous witnesses interviewed were police officers and citizen witnesses. As a result of the I Page 1 of 4 investigation, specific findings were made concerning the factual circumstances of the incident. On April 16, 2016, Richard Bard ("Bard") and another individual attended a party together at an apartment on Florence Avenue, Vineland. Sometime between 11:00 pm. and 12:00 am. Bard and the other individual left the party on foot. While on routine traffic patrol a Vineland Police Department sergeant heard four gunshots, which he called in to VPD dispatch at 12:58 am. Approximately two minutes later a South Seventh Street resident called 911 and reported hearing gunshots. The resident additionally reported observing two individuals, who he believed to be black males, assaulting and robbing a Hispanic man. Police, including Officer No. 1, responded to the robbery scene. When Officer No. 1 arrived, two other officers were speaking to two witnesses, who were friends and co-workers of the robbery victim. The friends of the victim related to officers that a few minutes before 1:00 am, the victim and his two friends left a restaurant on East Cherry Street, just east of the intersection of Seventh and Cherry Streets. The victim?s two friends left the restaurant in a pick-up truck. The victim rode his bicycle toward home on Seventh Street. A short distance from the restaurant, two men wearing dark clothing assaulted him. When the victim screamed, one of the assailants, later determined to be Bard, took out a gun and pistol whipped the victim in the face and head. The other assailant searched through the victim's pockets and stole a cell phone and a $115.00 money order. The victim's friends, who had been following him and witnessed his assault, accelerated their truck toward the robbery scene in an attempt to scare off the assailants. Bard fired multiple shots at the truck; both assailants fled north toward Quince Street. VPD officers were dispatched to the scene approximately four minutes after the original report of shots fired. When the first officer arrived on scene, he stopped his vehicle Page 2 of 4 and notified dispatch that he was out with two subjects at the corner of South East Avenue and Almond Street, a distance of .04 miles from the South Seventh Street robbery scene. The officer told the two men to stop, but they ignored his command and fled in different directions. The first pursuing officer ran after one suspect, west on Almond Street. This second suspect ran between a former dry cleaning building and a row of bushes, and appeared to be attempting to remove something from his waistband. The second suspect escaped, but was located and arrested on April 19, 2016. Officer No. 1, arrived on scene almost simultaneously, and saw Bard running northbound in front of his patrol vehicle. Officer No. 1 immediately exited his vehicle and pursued Bard on foot; Bard appeared to be using his right hand to secure something in his right side waistband. Officer No. 1 did not immediately draw his duty weapon, but commanded Bard to stop running and to show his hands. Officer No. 1 then drew his service weapon, activated the gun?s flashlight and saw that Bard had a gun. Officer No. 1 yelled "Gun!" while simultaneously ducking to avoid potential fire from Bard. In a matter of four seconds, between 1:02:33 and 1:02:36 am, four shots were fired. Bard fired first at Officer No. 1, barely missing the left side of Officer No. 1?s head. Officer No. 1 returned two shots before Bard fired a second shot. One of the shots fired by Officer No. 1 struck Bard, who fell along a fence line on the corner of South East Avenue and Montrose Street. At 1:02:38 am, two seconds after the last shot, Officer No. 1 radioed: "Shots fired! Shots fired! 1 got one down." A responding officer asked Bard if he had been shot; Bard responded "Yeah". At 1:03:35 am, Officer No.1 asked Bard, in the presence of responding officers, "Why did you shoot at me? You shot at me man.? Approximately six minutes after the shooting EMS arrived at South East Avenue and Montrose Street. They transported Bard to Inspire Hospital where he was pronounced dead Page 3 of 4 at 2:05 am. The Medical Examiner performed the autopsy of Bard and determined the cause of death to be a gunshot wound to the thigh. Physical evidence recovered at the shooting scene and along Bard's escape route, Montrose Streets, together with forensic analysis, connected Bard to the robbery at South Seventh Street. Within feet of where Bard had fallen, officers recovered a silver Smith Wesson revolver. The revolver contained six empty spent shell casings. The investigation determined that Bard had fired four shots from the revolver at the victim?s friends' pick-up truck at the robbery scene and two additional shots at Officer No. 1 during the foot chase. Forensic analysis confirmed the presence of the robbery victim?s DNA on the Smith Wesson revolver. The physical evidence recovered and forensic analysis performed confirms that Bard hit the robbery victim in the face and head with the revolver at the South Seventh Street loca?on. When arrested on April 19, 2016, the second suspect admitted that he was at the Florence Avenue party with Bard and left between 11:00 pm. and 12:00 am. Based upon legal principles involving the use of force in self-defense and the use of force by law enforcement, the Prosecutor?s Office evaluated the facts and determined that the police use of force under the New Jersey Code of Criminal Justice was lawful and justified. The Prosecutor's Office investigation was conducted in compliance with all relevant provisions of the Supplemental Law Enforcement Directive issued by the Office of the New Jersey Attorney General on July 28, 2015. ran/ Jei?nnlferW bb- McRae Cymberla? County Prosecutor FOR RELEASE *lf this press release involves the charging, accusation or indictment of a criminal defendant, same is merely an accusation. The defendant is presumed innocent until and unless proven guilty. Page 4 of 4