Andrew Washington’s sister, Courtnie Washington, has filed a federal lawsuit against the City of Jersey City and several police officers, claiming the fatal law enforcement shooting last year was “entirely preventable.”
By John Heinis/Hudson County View
“I am bringing this lawsuit so no other family has to suffer as we have. Drew lived with a diagnosed mental health disability for many years. He didn’t die because of a mental health disability; my brother died because of the unlawful behavior of the police,” Courtnie Washington said in a statement.
“We are determined to hold the police accountable and force policy changes so that men and women living with mental health disabilities like Drew’s can get the help they need without fear of death at the hands of police.”
The complaint details the August 27th, 2023 incident where Washington, 52, was fatally shot by police after going towards them with a knife as he was experiencing a mental health episode.
Police body cam footage of the incident released by the state Attorney General’s Office in September, which both city officials and family members had called for, shows that police arrived at the scene around 2:56 p.m. and the fatal shots were fired at about 3:28 p.m.
The incident caused great unrest in Jersey City, with a vigil outside of Washington’s home two days after the fact and several protests followed, including one that marched to City Hall prior to asking for accountability at the council meeting.
In light of the incident, the New Jersey chapter of the ACLU called for the “transformation of policing wholesale.”
“Having a mental health disability is not a crime, and the price of seeking help during a mental health episode should not be a death sentence,” Amelia Green, one of Washington’s attorney in the matter and a partner at Neufeld Scheck Brustin Hoffmann & Freudenberger, LLP, said in a statement.
“Instead of ensuring Drew’s wellbeing, Jersey City police officers violated fundamental police rules and unnecessarily caused Drew’s death. Instead of connecting Drew with mental health services, they killed him.”
In the days leading up to Andrew Washington’s killing, his family repeatedly called the Jersey City Medical Center hotline as well as the RWJBarnabas Access Center, worried that their loved one was in the midst of a mental health episode and not taking his medication, the complaint notes.
They were repeatedly told no mental health personnel were available to come assess Drew. A police officer performed a wellness check on August 26th and determined that Drew was not a threat to himself or anyone else.
The following day, a call from his family seeking assistance from a mental health professional resulted in law enforcement being dispatched to his apartment.
Family members on the scene explained that Drew was alone in the apartment and was not violent, with the court filing pushing back on the notion from the that a crisis intervention specialist ever arrived first on the scene, since one never arrived at all.
Furthermore, the lawsuit takes umbrage with comments made by Jersey City Mayor Steven Fulop and Public Safety Director James Shea during a press conference held in the immediate aftermath of the shooting.
“When you look at the footage of what actually transpired, you’d be hard pressed to say you would’ve taken a different approach,” Fulop said at the time.
Shea, who is also a trained emergency psychiatric technician, followed by saying that after reviewing the body camera footage, he had no issues with the techniques used by the officers at the door.
“By the very admission of Mayor Fulop and Director Shea, JCPD officers’ actions were the result of and consistent with JCPD policies, practices, guidance, and training. Jersey City is responsible for the unconstitutional actions of its officers,” the lawsuit says.
“The mayor’s statements add insult to grave injury. CPD violated basic state and national rules for how to safely interact with a person experiencing mental health symptoms, yet the mayor fully endorsed their actions. There was no justification for officers to break down the door to Drew’s apartment,” Green added, claiming police violated state directives.
They also criticize the city for not entering into the ARRIVE Together mental health crisis interventionist program, as well as for failing to adopt a $4.2 million contract for similar services.
The 17-count lawsuit seeks damages for the violation of Mr. Washington’s federal and state constitutional rights, as well as discrimination claims under federal law, including the Americans with Disabilities Act.
The defendants in the complaint are Jersey City Police Officers Officers Stephen Gigante, Felix DeJesus, Andrew Alas, Jasmere L. Epps, Auronny de la Cruz, Christian E. Ortiz, Sergeant Ryan P. Friend, Captain Jason E. Field, Deputy Chief Joseph Santiago; EMT Juan Miranda, and EMT Hunter Jackman, in their individual capacities, the city, Hudson County, and the Jersey City Medical Center.
While not mentioned in the lawsuit, the city has recently taken heat for not getting any Community Crisis Response Team state funding made possible by the Seabrooks-Washington Community-Led Crisis Response Act.
Ward E Councilman James Solomon has said he will fire the city’s grant writing consultant, Millennium Strategies, due to the “unacceptable failure” of writing a sub-standard grant funding application.
City spokeswoman Kimberly Wallace-Scalcione did not remark on the substance of any of the allegations.
“Any loss of life saddens us. However, we cannot comment on active litigation,” she said in an email.
A spokesperson for the Jersey City Medical Center did not return an email seeking comment.
Editor’s note: This story was updated with a comment fro Jersey City spokeswoman Kimberly Wallace-Scalcione.
