Video shows Newark cop in plainclothes fatally shooting man. No gun was found on him, AG says. – NJ.com

Warning: The above video contains lethal violence.

Security video released by the state Attorney General’s Office on Thursday shows Newark Police Detective Rod Simpkins fatally shooting 39-year-old Carl Dorsey III on New Year’s Day.

Police responded to the scene early that morning near Woodlawn Avenue and South 11th Street after hearing gunfire, local officials and police reports say. The state Attorney General’s Office, which is investigating the shooting, said Simpkins was in plainclothes and in an unmarked police vehicle when he arrived.

The video shows Simpkins exiting the unmarked vehicle and apparently running into Dorsey, who is seen running into the area from out of the video’s frame. The two appear to bump into one another, and as Simpkins is apparently falling to the ground, he can be seen firing his weapon at Dorsey, the video shows.

“No firearm was recovered from Mr. Dorsey or his immediate area,” the state attorney general’s office said in a statement.

No police body or dash camera footage exists in the shooting. The video released on Thursday is the only footage obtained by investigators to date capturing the fatal encounter, the attorney general’s office said.

Newark Mayor Ras Baraka said Thursday that he reviewed the video and found it to be “tragic, disturbing, yet incomplete.”

The attorney general’s office is investigating the shooting under a 2019 law that requires it to investigate police-involved shootings instead of county prosecutors. Baraka, the mayor, previously said officers arrived at a scene where shots were being fired and that two firearms were recovered at the scene.

Court documents obtained by NJ Advance Media in an arrest that was made during the time of Dorsey’s death allege at least one other man had a gun, which is disputed by the man’s attorney.

Jamar Murphy faces weapons charges and one count of preventing a law enforcement officer from effectuating an arrest. The complaint in his case said police were patrolling around Avon Avenue, about a block over from Woodlawn Avenue, and responded to the scene when they heard gunfire.

“The officers then traveled to the area of South 11th Street and Woodland Avenue, Newark, and observed numerous individuals gathering in the area, and saw numerous muzzle flashes,” the criminal complaint said. “As the officers arrived, all the individuals attempted to flee the area.”

A detective that was not Simpkins said he saw a gun on Murphy and identified himself as a law enforcement officer, then Murphy ran away and got rid of the firearm, court records said.

“The charges against Mr. Murphy arise out of an attempt to create a diversion and subterfuge to cover the senseless and reckless killing of an unarmed citizen,” said Murphy’s attorney, Robert DeGroot. “Our client did not have a weapon and they are doing this to create justification for the conduct of an undisciplined officer.”

Activists previously called on local officials to require plainclothes officers to be equipped with body cameras and for Simpkins to be charged in the shooting. While most Newark police officers are equipped with body cameras, a 2018 order excluded those working in administrative, investigative or plainclothes capacities.

The city police department has been undergoing reforms under a consent decree that was entered into around 2016, after the U.S. Department of Justice found a pattern of unconstitutional practices on the force. The city also has a civilian complaint review board, although it lacks subpoena power.

The mayor said he would ask the police department to look into expanding the use of body cameras.

“We will be asking the Attorney General’s Office to turn over information to our consent decree unit to review if the use of force or any other policy was violated,” Baraka added. “We will also ask that all information be turned over to our Civilian Complaint Review Board to investigate and provide recommendations.

“Lastly, we will be requesting that our Public Safety Director look into expanding the use of body cameras to include plainclothes units as well.”

But James Stewart, the Newark police union president, said turning over information about the shooting to the city’s civilian complaint review board would interfere with the investigation. Stewart’s sharply-worded statement comes amid a recent legal battle between the city and union about the review board’s power.

“I have called the AG office today requesting they investigate the mayor for interfering with this matter by his statement today,” Stewart said. “He is not a law enforcement officer and has zero business attempting to influence the direction it goes. The cops in Newark now know for a fact that the administration does not support them, and that’s a sad day for the people of this city.”

Allan Jiao, a Rowan University professor in the Department of Law and Justice Studies, said it’s common for police departments to exclude plainclothes officers from body camera requirements because the cameras aren’t easily hidden and could interfere with undercover investigations.

However, he said it can be a challenge for those investigating police-involved shootings to rely on video from a vantage that’s far from the scene of the incident and only captures a short snapshot of what transpired.

“(Investigators) need to work with as much information as they can get. As many eye witnesses as possible,” Jiao said. “If there is Ring camera footage, I think it is better than nothing. But in our legal system, when you don’t have clear, convincing evidence, it can be easily challenged if this case goes to court… Even with eyewitnesses, people still have different perceptions and interpretations of what happened.”

Simpkins, who has been a member of the Newark Police Department for 18 years, had no uses of force listed between 2012 and 2016, according to NJ Advance Media’s Force Report database. During those years, Newark police were reforming internal affairs practices under a consent decree.

The officer, however, was once the subject of a 2009 lawsuit that claimed he was part of a group of plainclothes officers who pulled over a coach and two children, pointed their guns at them, and told them “you have no f—— rights…we’re the cops, we do whatever we f—— want.”

The lawsuit, which was settled, was part of the ACLU of New Jersey’s petition to the U.S. Department of Justice, which later found a pattern of unconstitutional practices in the Newark Police Department. The city around 2016 agreed to a list of reforms known as a consent decree, which is still in place.

Attempts to reach Dorsey’s family were unsuccessful.

The last time a Newark cop fatally shot someone was in 2019, when officer Jovanny Crespo killed Gregory Griffin and wounded Andrew Dixon as their car fled from police. Crespo was indicted on charges including manslaughter, and court records indicate that his case is still ongoing.

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Rebecca Panico may be reached at rpanico@njadvancemedia.com.

Avalon Zoppo may be reached at azoppo2@njadvancemedia.com. Follow her on Twitter @AvalonZoppo.