No Charges Against Officers In Fatal 2019 Jersey City Kosher Deli Shootout

JERSEY CITY, NJ — No criminal charges will be pressed against the police officers who shot and killed the couple that attacked a kosher deli in 2019, leading to an hours-long shootout and killing three bystanders and a police officer.

The decision was made by a state grand jury after deliberations regarding the deaths of David N. Anderson, 47, and Francine Graham, 50. The couple was shot and killed by police after they shot and killed Jersey City Detective Joseph Seals, and then killed Mindy Ferencz, Douglas Miguel “Miguel” Rodriguez Barzola, and Moshe Deutsch inside a supermarket in Jersey City during a three-hour firefight with police on Dec. 10, 2019.

"The fatal police encounter was investigated by the Office of Public Integrity and Accountability and presented to 16 to 23 New Jersey residents called to serve on the grand jury in accordance with Directive 2019-4, the “Independent Prosecutor Directive” issued in 2019. In July 2021, OPIA issued standard operating procedures to ensure that these grand jury presentations are conducted in a neutral, objective manner, and with appropriate transparency regarding the process, consistent with the Independent Prosecutor Directive," the Office of the Attorney General said.

On Dec. 10, 2019, according to the investigation, Anderson and Graham saw and killed Jersey City Police Detective Joseph Seals in Bay View Cemetery in Jersey City. Shortly after, Anderson parked a white U-Haul van across the street from the JC Kosher Supermarket at 223 Martin Luther King Drive in Jersey City, Graham was a passenger in the van. According to the investigation, Anderson got out of the van with a rifle in his hand, walked toward the market and started shooting.

Anderson and Graham shot and killed three people in the store — one survivor was able to escape. The couple stayed inside the store during the entire incident, according to the investigation. Officers near the scene responded within minutes of the start of the shooting and took incoming gunfire from Anderson and Graham. Two officers suffered non-fatal gunshot wounds, several police officers exchanged gunfire in the store.

Around 3:25 p.m., the police armored car broke through the entryway of the supermarket. At approximately 3:47 p.m., the incident ended.

"After considering the facts, evidence, and testimony from the OPIA investigation, the state grand jury found the actions of the officers were justified. 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," the AG said.

The Independent Prosecutor Directive is posted on the Attorney General’s website at this link: https://www.nj.gov/oag/dcj/agguide/directives/ag-Directive-2019-4.pdf