Massive investigation into 21-year-old's Death

A massive investigation into the fatal shooting of a motorist by a Denville policeman includes dozens of investigators and attorneys.

But Morris County authorities who detailed their efforts Monday again declined to release any preliminary findings other than that 21-year-old Ruben Martinez’s Mustang had been stopped for speeding and reckless driving. And the Martinez family attorney counseled patience in allowing the police work to continue, and the family to grieve.

Speaking on behalf of county Prosecutor Robert Bianchi, Capt. Jeffrey Paul said at a press conference in Morristown that investigators had reviewed or were in the process of reviewing several records, files and video from the patrol car involved.

“Prosecutor Bianchi will only issue conclusions when all the facts are secured and only after all the witnesses have been interviewed,” Paul said. “This ensures the integrity of the investigation by ensuring the witnesses are not tainted by reports leaked to the public and allows the Martinez family the opportunity to ask questions [and] concerns before the matter becomes public.”

The investigation includes about 20 detectives and about six attorneys from the prosecutors’ office with assistance from sheriff’s staff and Denville police.

Police Officer Richard Byrne killed Martinez, of Laredo, Texas, and formerly of Rockaway Township, with five shots during the incident early Thursday morning.

Paul said the Martinez’s attorney, Darryl Saunders of East Brunswick, had a “extensive meeting” with Bianchi on Monday and was aware of the details and nature of the investigation.

In an e-mail Monday, Saunders said Bianchi has been in daily contact with the family and thanked his office for a professional and competent investigation.

Saunders also said, “We should allow the Prosecutor’s Office the time to conduct its investigation and the family some space to deal with this tragedy.”

A woman who answered the phone at the Rockaway Township home of Martinez’s mother, Maureen Miles, declined comment Monday evening. On Friday and Sunday, family members told Record reporters that they had not been told what led to the incident. One relative said the family intends to bury Martinez this week.

Byrne’s status remained unclear Monday. Paul referred questions about the officer to Denville Police Chief Christopher Wagner, who could not be reached for comment.

Martinez’s brother, Mark, told a Record reporter Friday that his brother, home for Mark’s graduation from Morris Knolls High School later that day, had gone out to get a pack of cigarettes.

Authorities have said Martinez, driving his Mustang GT, was stopped by Byrne around 2:14 a.m. at the parking lot of a Charlie Brown’s Steakhouse on Route 46 East near Franklin Road. At Monday’s press conference, Paul said the stop was related to speeding and reckless driving.

Martinez then tried to leave the scene, according to police. A brief chase ensued, ending with Martinez crashing his car through a concrete retaining wall and into the side of an above-ground pool near Franklin Road and Geraldine Court.

At some point Byrne fired five shots, all of which struck Martinez.

Martinez was taken to St. Clare’s Hospital in Denville, where he was pronounced dead at 2:55 a.m. Byrne also was brought there for treatment of an injured shoulder and was later released.

Paul said the team of investigators are focusing on five areas: the facts of the shooting, evaluation of the crime scene, state law and guidelines from the state Attorney General’s Office on the use of force by a police officer, records from the Denville Police Department and forensic evaluation by experts.

Once final reports are complete, they will be sent to the state Attorney General’s Office, Paul said.

He said releasing information about the case prematurely would be a “disservice to the Martinez family as well as Officer Byrne, both of whom are entitlted to an investigation that is untainted accurate and fair.”