JAN. 2025. Blues Vol 41 No. 1

GUEST COMENTARYpolice

GUEST COMENTARYpolice law newsDaniel CarrOfficer Involved: Salvatore OldratiHow could this happen?The criminal case againstpolice officer Salvatore Oldraticould be one of the weakestlegal cases ever filed against alaw enforcement officer for anOfficer-Involved-Shooting (OIS).Officer Oldrati was initially“cleared” by the State and hisagency. He returned to work.Then two years later he wasindicted.HOW COULD THIS HAPPEN?After you read this articlecheck out The Antihero Podcastand The Comm Center Podcastwhere Officer Oldrati’s parents(Barbara and Drew) tell theirstory, fill in the gaps not privyto the media, and answer questionsabout what their family hasgone through.WHAT HAPPENEDOn September 14, 2021 around0130 hrs Officer Salvatore Oldratiwas working a shift as a policeofficer for Mantua Township inNew Jersey.Officer Oldrati and CorporalLayton were dispatched to a calland were given the followinginformation:• A homeowner reported a burglaryin progress (to a shed anda truck).• One of the offenders wasarmed with a gun.• The homeowner threw dynamite/fireworksat the offender(s).The officers wereclose and arrived onscene within a fewminutes. They hadno idea what waswaiting for them.NOT AS IT SEEMSCorporal Laytonpulled up to thescene and observeda man (later identifiedas CharlesSharpe III (the caller))standing in the front yard.As Corporal Layton slowed downto make contact - Mr. Sharpeextended his arm and pointeda gun right at Corporal Layton.Corporal Layton immediatelyaccelerated and drove off.Officer Oldrati was a littlebehind and observed CorporalLayton’s vehicle slow. He observedMr. Sharpe extend hisarm towards the driver’s windowof Corporal Layton’s car andthought that it was the caller- pointing out where the offender(s)ran. Officer Oldrati was notable to see that Mr. Sharpe waspointing a gun.Corporal Layton pulled forwardand then stopped and OfficerOldrati stopped behind him. AsOfficer Oldrati exited his vehicleCorporal Layton yelled, “He’sgot a handgun on him!” OfficerOldrati responded, “Where”?”Corporal Layton said “Rightthere! Put the gun down!” It wasthen that Officer Oldrati saw thatMr. Sharpe was pointing a gundirectly at him.USE OF FORCEOfficer Oldrati responded tothe immediate deadly threatwith deadly force and fired multiplerounds at Mr. Sharpe. Mr.Sharpe fell to the ground andreached for the gun that he haddropped. Officer Oldrati thenfired more rounds. Mr. Sharpesustained a fatal injury. *Mr.Sharpe had been armed with areplica .45 handgun.CHARGESAfter two years Officer Oldratiwas indicted on reckless manslaughtercharges (2C:11-4). UnderNew Jersey law that is, “Theactor recklessly causes deathunder circumstances manifestingextreme indifference to22 The BLUES - JANUARY ‘25

human life.”ANALYSISAccording to New Jersey lawfor police officers (NJ Rev Stat §2C:3-7) “The use of deadly forceis not justifiable under this sectionunless…There is an imminent threat ofdeadly force to himself or a thirdparty”.So, the relevant legal questionis - at the time of the use ofdeadly force - was there an imminentdeadly threat present?• Officer Oldrati responded toa burglary call with an armedoffender.• As he arrived on scene a manpointed a gun at him.• He responded with deadly force.Pointing a gun is not only animminent deadly threat but isuniversally classified as an “immediate”deadly threat.Also, according to the Use ofForce policy established by theNew Jersey Office of the AttorneyGeneral (the Office prosecutingOfficer Oldrati) a policeofficer is only required to give averbal warning prior to the useof deadly force “when feasible”.There was an imminent deadlythreat. It was not feasible to givea verbal warning.The use of deadly force wasobjectively reasonable and withinthe confines of New Jersey lawand Use of Force policy.*Also, the notion that thiswas “reckless manslaughter”is absurb. There was nothing“reckless” about Officer Oldrati’sactions.RELEVANT, SUPPRESSED IN-FORMATIONThe parents of Officer Oldrati(Barbara and Drew Oldrati)have appeared on The AntiheroPodcast and the Comm. CenterPodcast. In those appearancesBarbara and Drew stated thatthe information provided to thepublic about this case has beenlimited and that relevant informationhas been suppressed.Since the NJ AG’s Office haspossession and control of thisunreleased information - wehave not been able to independentlyverify. However, Barbaraand Drew make a very compellingcase and objectively theirstatements are in line with theknown facts.HERE IS A LIST OF SOME OFTHE ISSUES:1. There was no burglary.a. Barbara and Drew stated thatthe investigation found that therewas no evidence of a burglary.They claimed that there werenever any burglars/suspiciouspersons on the property and thiswas essentially a phony call to911.2. This was a su1c1de-by-cop.a. Barbara and Drew stated thatMr. Sharpe suffered from mentalillness, was depressed, andsu1c1dal.3. Mr. Sharpe had illegaldrugs (methamphetamine, amphetamine,and cocaine) in his system.The BLUES - JANUARY ‘25 23