STATE OF NEW JERSEY VS. DARNELL REED(13-08-1920, ESSEX COUNTY AND STATEWIDE), A-1529-15T2

On April 1, 2013 Newark plainclothes officers Weber and Souto stopped Darnell Reed after following his vehicle; officers alleged Reed held and dropped a "brick" of heroin and then fled.
Reed was indicted on eight counts including possession and distribution of heroin, aggravated assault on officers, attempt to disarm an officer, and resisting arrest by physical force; at trial he was acquitted of seven counts and convicted only of third-degree resisting arrest (N.J.S.A. 2C:29-2(a)(3)(a)).
The jury was not given a self-defense instruction and the resisting-arrest charge repeatedly used the phrase "Officer Souto and/or Officer Weber;" the verdict sheet did not identify which officer was the victim.
At sentencing the trial court imposed a discretionary extended nine-year term with 4.5 years parole ineligibility, consecutive to a 364-day sentence; the court awarded 12 days credit but no gap-time credit.
Reed did not object to the jury charge at trial and raised the instructional issues for the first time on appeal, invoking the plain-error standard.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Reed)	Held
Failure to give self-defense instruction for resisting arrest	Jury was properly instructed that unlawful arrest is not a defense when officer acts under color of authority; no error	Omission of self-defense charge was plain error because evidence supported that officers used excessive force and Reed could have lawfully resisted with reasonable force	Reversed conviction; plain error — self-defense instruction required on retrial
Use of "and/or" and failure to identify victim (unanimity)	Charge was adequate; conduct likely directed at both officers	"And/or" wording and verdict sheet risk a non‑unanimous patchwork verdict because jurors may disagree which officer was resisted	Court declined to reverse on this ground now but warned trial court to avoid "and/or" and to identify victim(s) on verdict sheet on remand
Sentence manifestly excessive (extended term + parole disqualifier)	State supported extended term; sentence was discretionary and lawful	Reed argued extended term and parole disqualifier were excessive	Not reached — remand for new trial on guilt; sentencing issue not decided at this stage
Gap-time credit entitlement	State ultimately conceded error on gap time	Reed argued he was entitled to 115 days gap-time credit between the first sentence and the later sentence	State conceded Reed is entitled to 115 days gap-time credit if reconvicted; court ordered credit on retrial

State v. McKinney, 223 N.J. 475 (discusses importance of correct jury instructions)
State v. Kelly, 97 N.J. 178 (self-defense instruction required when evidence raises the issue)
State v. Mulvihill, 57 N.J. 151 (citizen must submit to arrest but may use reasonable force if officer uses excessive force)
State v. Simms, 369 N.J. Super. 466 (failure to instruct on self-defense in resisting-arrest context is plain error)
State v. Gentry, 183 N.J. 30 (unanimity rule: jury must agree on which acts were committed against which victim)
State v. Baum, 224 N.J. 147 (trial court's duty to give accurate jury instructions)