BRIDGETON– A Millville police officer acted properly in the fatal shooting last year of a man who was well known to police asunder treatment for mental health issues including suicidal behavior, the Cumberland County Prosecutor’s Office said Tuesday.
An eight-page report from the office lists multiple occasions of 46-year-old Edward C. Gandy Jr. encountering Millville police and telling them of his desire to kill himself or to be killed by police.
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Gandy, who lived on Dock Street in Millville, was killed on Jan. 22, 2018 not far from his home in the busy intersection of North High and McNeal streets. Police dashcam video, subsequently released, captured the entiretyand Tuesday’s report adds to the imagesa narrative drawn from officers' reports to investigators.
“The CCPO determined that it is not necessary to present this matter to the Grand Jury because there were no material facts in dispute regarding the lawfulness of the use of force,” according to the statement.
The New Jersey Attorney General’s Office also did an independent review and agreed with the county that the use was force was justified, according to the office.
"Our hearts go out to the Gandy family for their loss," Millville Police Chief Jody Farabella said. "Obviously, we're happy that the incident was justified. No officer wants those investigations to be prolonged. It's a very stressful and emotional time for the officer and their family."
The mother of Gandy, at the time, had said her son recently had been released from a mental health crisis center and had been “suicidal” since his medicine was changed. She said her son suffered from bipolar disorder and brain tumors.
Tuesday's report, like official reports at the time, disclosed that Gandy precipitated the confrontation with police by calling 911 to say he had a loaded firearm and had homicidal feelings. He actually did not have firearm in his handsbut a cellphone that he brandished as if it were a weapon, the report states.
The shooting was captured on dashcam footage above.
A use of force report released not long after the shooting, and referenced in Tuesday's report, stated that Officer Colt Gibson fired at Gandy. As required, Gibson was placed on administrative leave pending an independent investigation. County detectives and Vineland police collaborated on analyzing the shooting scene.
The Prosecutor’s Office statement refers to the officer who shot Gandy only as “Officer No. 1.” It states that Officer No. 1 and an Officer No. 2 drove to the scene in a cruiser in response to a report that Gandy was there and was armed.
The incident happened about 10:50 a.m. on a Monday. North High Street is lined with businesses, including a pharmacy, and there were numerous bystanders later interviewed by investigators.
According to the statement, the Prosecutor’s Office’s Professional Standards and Major Crime Units did the investigation after a “comprehensive"effortto make sure no members had a conflict of interest.
“At the time the dispatch was received, the Millville Police Department, and Officer No. 1 in particular, were familiar with Mr. Gandy from a recent standoff in which Mr. Gandy was armed with a knife and was acting erratically,” the release states. “Specifically, on January 9, 2018, multiple officers with the Millville Police Department, including Officer No. 1, were dispatched to the Wawa convenience store located at 2105 North 2nd Street on a report of an individual with a weapon.
“Responding officer encountered Mr. Gandy outside of the store,” the release states. “Mr. Gandy was holding a knife in his hand and made numerous remarks regarding his desire to die and to have responding officers kill him.”
The incident lasted two hours with Gandy surrendering the weapon finally and being taken to the Crisis Unit at Inspira Health Network’s Bridgeton hospital.
The prosecutor’s report also lists other police encounters.
On Nov. 15, 2017, for example, police removed Gandy from a Walgreens after responding to a report of a disorderly person. Gandy reportedly told police he wanted to kill himself and in the future would attempt “suicide by cop.
“Mr. Gandy advised the officers that all he needed to do was have a knife and police would shoot him,” the report states. Gandy was taken to the Bridgeton hospital but released later the same day, the report states.
Ten days later, officers were sent to North High and Mulberry streets for a report of man threatening suicide and found Gandy holding a knife to his abdomen.
The report states: “Gandy was ordered to drop the knife to no avail, and a brief standoff ensued. During the incident, Mr. Gandy asked the responding officers to kill him. Mr. Gandy was again admitted to the Crisis unit at the Bridgeton Inspira hospital on November 25, 2018. Mr. Gandy was released the next day.”
On Nov. 28, 2017, according to the report, Gandy was readmitted to the Bridgeton hospital after an incident at Walgreens and reportedly told hospital staff that he wanted to die.
Staff reported he said, “I swear to God, I’m not messing — I want bullets in my chest and bullets in my heart.”
Gandy was released from the hospital and told to get follow-up care at the Cumberland County Guidance Center.
The report states that family and friends also reported that Gandy was in a state of mental distress and that he wanted police to kill him.
At his home, investigators found a handwritten note they believe Gandy wrote. The note refers to what had happened at the Wawa when police talked him into giving up a knife, and stating hehad wanted police to kill him.
According to Tuesday'sreport, Officers No. 1 and 2 arrived at North High and McNeal streets to find Gandy on the northwest corner of the intersection and pacing with his hands behind his back. A third officer arrived behind them, unnoticed by the first officers.
The report states that Officer No. 1 parked his cruiser facing Gandy in order to provide officers protection and to better position the dashcam video recorder. Gandy then approached “at a fast pace with his hands behind his back and “ignored Officer No. 1’s repeated verbal commands to stop and to show them his hands.”
Then, the report states, “As Gandy reached the area near the front of the patrol vehicle, he quickly extended both hands from behind his back to what is commonly known as the two-handed shooting position, while holding what appeared to all three Officers to be a handgun. Specifically, Officer No. 2 reported that he observed Mr. Gandy draw a black object that he believed was a gun.”
The other two officers also believed they were looking at a gun, believed that Gandy was aiming at them, and took cover, the report adds.
Meanwhile, Gandy had put his hands behind him again and advanced again. That was the moment that Officer No. 1 fired his .223-caliber Colt AR-15 three times at Gandy. The rifle is semi-automatic, requiring a trigger pull for each shot.
An autopsy recovered two “projectiles” and six bullet fragments from Gandy’s chest.
Emergency medical personnel, standing by near the scene, took Gandy to a hospital in Vineland. He was declared dead at about 11:09 a.m.
Based on that reconstruction, investigators concluded that Officer No. 1 had a reasonablebelief that force was required to protect his own life and those of others.
“Officer No. 1’s actions and statements demonstrate that he was in fear for his life when he discharged his weapon and believed that discharging his weapon was necessary for the protection of himself and Officer No. 2,” the report summarizes. “An independent analysis of the undisputed material facts led to the determination that Officer No. 1’s beliefs were reasonable, and the use of force in this matter was justified pursuant to all applicable laws and the Attorney General guidelines.”
Joseph P. Smith; jpsmith_dj; (856) 563-5252; jsmith@gannettnj.com
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