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Eric McNeil, 23
Trenton, New Jersey
August 15, 2013

Agencies: Mercer County Sheriff’s Office New Jersey | Trenton Police Department New Jersey

Last updated: 8 months ago

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After being shot, Rios scrambled to his vehicle and radioed for assistance. Letts fell after being shot, but he returned gunfire from the ground, striking McNeil as he stood on the sidewalk pointing his gun at him. The prosecutor’s report says McNeil fell after initially being shot, but then tried to stand and continued holding his gun, so Letts fired again, killing McNeil. Letts then stood and handcuffed McNeil, according to the report.

Letts was shot in his right shoulder and the right side of his abdomen. Rios was shot once in the side of his torso and once in his back. McNeil was killed in the shootout and pronounced dead at the scene. Miller, who was nearby collecting his camera gear when he heard the first shot, never fired his weapon and was not struck by gunfire.

Prosecutors say a Smith and Wesson .38 caliber revolver with five spent shell casings in the cylinder was found lying on the ground where McNeil fell. That gun, prosecutors say, was reported stolen during a 2012 burglary in Trenton. Detectives also recovered four .40 caliber shell casings that were from Letts’ service weapon: three were found in the street and one was found in the nearby grass.

Investigators concluded that Letts used an acceptable level of force in the incident, and Acting Mercer County Prosecutor Angelo Onofri determined the case did not require examination by a grand jury. The report released Wednesday says the Attorney General agreed the matter did not need to be presented to a grand jury based on undisputed facts of the shooting.