Kevin Allen, 36, of Stuyvesant Avenue, was shot nine times by two officers.
LYNDHURST - A Bergen County grand jury voted not to indict two Lyndhurst police officers who shot and killed a local man inside the township's public library 13 months ago. It was the second time in less than a year that a grand jury refused to indict Lyndhurst officers in a fatal shooting.
Kevin Allen (File photo) Kevin Allen, 36, of Stuyvesant Avenue, was shot nine times by two officers after refusing to drop a utility knife in a room on the top floor of the library, Acting Bergen County Prosecutor Gurbir S. Grewal said in a seven-page statement Wednesday.
Allen was a suspect in the theft of a PlayStation 4 gaming console when he walked past police and into the library about 1:38 p.m. on May 29, 2015, according to the prosecutor.
As an officer tried to handcuff him in the media room, Allen broke free and ran to the Young Adult Room, the prosecutor said.
When Allen refused to take his hands out of his pockets, the officers discharged their pepper spray, but to no avail.
"The pepper spray did not have any effect on Mr. Allen," Grewal said.
An officer also tackled Allen and both the officer and the suspect fell to the floor.
The prosecutor said Allen was armed with the utility knife and that he he shouted repeatedly at the officers, "You're not going to shoot me."
Man shot in library had knife, cops say
Allen used his thumb to extend the blade of the knife, the prosecutor said.
"Once Officer 2 observed the utility knife in Mr. Allen's left hand, Officer 2 dropped (the) can of O.C. spray, drew (the) weapon, and pointed it at Mr. Allen," Grewal said in the statement.
Allen continued to ignore commands to drop the weapon and at one point witnesses heard him yell, "I'm going to kill you! I am going to kill you!"
"Mr. Allen then charged towards Officer 1," the prosecutor said. "When Mr. Allen came within four to six feet of Officer 1, both officers fired their weapons."
One officer fired four rounds while the other fired five.
"As they discharged their weapons, Mr. Allen continued to move forward and brought both of his arms to his chest," the prosecutor said.
The officers stopped firing when Allen fell to the floor. He died later at Meadowlands Hospital Medical Center.
Allen's mother plans to sue over shooting
The Bergen County Prosecutor's Office Major Crimes Unit investigated the shooting.
Grewal said the investigation included 23 witness interviews, a three-dimensional rendering of the scene, ballistics, video and audio recordings and a review of training records of the officers involved in the shootings.
The officers have not been identified.
"After considering testimony and evidence, a Bergen County grand jury voted not to file criminal charges," Grewal said in the statement.
The grand jury's decision was handed up on Wednesday.
Last year, Allen's mother filed an intent to sue Lyndhurst police over the shooting.
Last September, a state grand jury declined to indict two Lyndhurst officers, one Rutherford officer and a state trooper in the shooting death of Kashad Ashford, 23, of Newark. Ashford, who was armed with a loaded gun, was shot after he crashed while fleeing police in a stolen SUV.
Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.