Data: Officer who killed Alfred Toe in 2016 was TPD’s most aggressive force user
TRENTON » The cop who shot and killed 34-yearold Alfred Toe in August 2016 is notorious for using force.
Officer Sheehan Miles of the Trenton Police Department has been involved in 43 use-of-force incidents from 2012 through 2016, more than any other TPD officer over that five-year period, according to a database on force.nj.com.
Trenton cops Joseph D’Ambrosio had 39 useof-force incidents over that five-year period and Aaron Bernstein had 25, according to the online database.
Most officers rarely use documented force.
In his deadly use of force, Miles shot and killed Alfred Toe about 9:50 p.m. Saturday, Aug. 27, 2016, in the 500 block of Roosevelt Street in Trenton’s West Ward, where the off-duty officer was attending a post-funeral gathering, officials said at the time.
The Mercer County Prosecutor’s Office officially concluded that Miles was legally justified in using deadly force, as “he was acting to protect himself and others from imminent danger of death or serious bodily harm.”
The report says that conclusion is based upon statements from officers and witnesses, radio transmissions, body camera footage, photographs and physical evidence gathered at the scene.
During a physical altercation between brothers Alfred Toe and Constantine Toe, a gunshot was fired and Miles responded to the scene in his off-duty capacity. Meanwhile, Constantine Toe was shot in the hand while trying to successfully disarm Alfred Toe, authorities said.
Miles intervened and ordered Alfred Toe to stand down, but the city man refused to comply and “persisted in his attempt to disarm” the officer, according to the prosecutor’s office report, which says Miles “felt that he was losing his grip on the loaded firearm and fired one round,” striking Alfred Toe in the chest and killing him.
The state Attorney General’s Office reviewed the prosecutor’s investigation and agreed with the conclusion of justified deadly force, therefore the case was never presented to a grand jury.
Miles has since returned to the streets, but the City of Trenton remains locked in litigation over Toe’s death.
Patrick J. Whalen, an attorney who represents the Toe estate, on June 4 sent a letter to the Mercer County Counsel Paul Adezio and state Attorney General Gurbir Grewal saying the “family left behind feels that this matter was not meaningfully investigated.”
Whalen also attached witness statements from individuals who were not interviewed by the Mercer County Homicide Task Force.
In a sworn statement dated Sept. 9, 2019, Shawn M. Watson said that “Alfred Toe never had a chance to even touch Officer Miles. It appeared to me that Officer Miles panicked and just shot and killed Alfred Toe for no legitimate reason. Officer Miles had plenty of time to identify himself as a police officer to Alfred Toe, but he failed to do that.”
In another sworn statement dated Sept. 9, 2019, James Alpha said he had witnessed the incident and suggested that “Alfred Toe did not grab the gun from Officer Miles.
Alfred Toe did not struggle with Officer Miles at all. I saw Officer Miles shoot Alfred Toe. I was shocked at what happened. There was absolutely no reason for Officer Miles to shoot and kill Alfred Toe that night.”
In a lawsuit filed by Alfred Toe’s estate, the family alleges that Miles drank alcohol and “possibly” smoked marijuana prior to shooting Alfred Toe in the chest.
“There was no struggle between Miles and Alfred Toe,” according to the wrongful death lawsuit filed by Toe’s estate. The family seeks monetary damages.
The matter of Toe v. Sheehan Miles remains pending and could potentially be resolved with a monetary settlement, according to documents obtained by The Trentonian.