Attorney General Gurbir S. Grewal announced that an officer of the Chesilhurst Police Department has been charged with aggravated assault for firing a Taser at the operator of a moving all-terrain vehicle (ATV) while arresting him. The civilian, a 23-year-old man, crashed the ATV and suffered significant injuries.

Police Officer Tyquan McIntosh, 28, of Minotola, N.J., was charged yesterday, March 15, by complaint-summons with third-degree aggravated assault. It is alleged that McIntosh purposely, knowingly, or recklessly caused significant bodily injury to the victim by using excessive force against him during an arrest— specifically, by firing his department-issued conducted energy device (CED), an Axon X2 Taser, at the victim while he was operating a moving vehicle.

Shortly after 11:00 p.m. on Aug. 12, 2020, Officer McIntosh was on patrol when he saw the victim operating an unregistered ATV on public streets. McIntosh followed the victim in his patrol vehicle until the ATV stalled. McIntosh then exited his vehicle and attempted to approach the victim, ordering him to get off of the ATV. At that point, the victim managed to restart the ATV and began driving away. It is alleged that McIntosh then discharged the Taser, striking the victim in the back and causing him to flip and crash the ATV. The victim was taken to Cooper University Hospital in Camden, where he was treated for a fractured vertebra, a fractured collar bone, and a concussion.

The statewide CED policy in place at the time expressly prohibited a police officer from discharging a CED against the operator of a moving vehicle, including an ATV, unless use of deadly force against the vehicle operator would be authorized. In December 2020, Attorney General Grewal issued a new Policy on Conducted Energy Devices and Other Less-Lethal Devices and Ammunition as part of the first revised statewide “Use of Force Policy” in two decades. The new policy continues that prohibition against firing a CED at the operator of a moving vehicle.

Third-degree charges carry a sentence of three to five years in state prison and a criminal fine of up to $15,000. The charges are merely accusations and the defendant is presumed innocent unless and until proven guilty in a court of law.

Deputy Attorney General Brian Uzdavinis is prosecuting the case for the Corruption Bureau of the Office of Public Integrity and Accountability. Attorney General Grewal thanked Acting Prosecutor Jill Mayer and the Camden County Prosecutor’s Office for their assistance in the investigation.

Defense Attorney: Timothy Quinlan, Esq., Collingswood, N.J.