STATE OF NEW JERSEY VS. JAMAAL CAMPBELLÂ (14-12-3442, ATLANTIC COUNTY AND STATEWIDE), A-4398-14T1

Background

Defendant Jamaal Campbell, 17 at the time, was arrested June 23, 2013, and charged as a juvenile with unlawful possession of a handgun and possession for an unlawful purpose; prosecutor sought waiver to adult court under N.J.S.A. 2A:4A-26(a).
Police investigation established a nightlong series of gang-related shootings and robberies attributed to two Dirty Blok members (Austin Clark and Abdul Bailey); Clark and Bailey were pursued and later arrested near a Robinson Avenue residence.
Defendant was found in the perimeter near Bailey and arrested after police recovered a cocked, loaded .45 handgun from defendant’s waistband; one live .45 round was found on the rear patio of Bailey’s residence and a .380 handgun with a malfunctioning round was recovered where Clark was apprehended.
An expert testified about Dirty Blok’s gang structure, membership/associate indicators, and how associates support violent enterprise; testimony linked defendant to the gang by proximity to senior members, his possession of an accessible loaded handgun, and his conduct (nodding in response to Bailey’s instruction to stay silent).
The Family Part (Judge Marczyk) found probable cause that defendant possessed the handgun for an unlawful purpose (to further gang violence), and that the prosecutor did not abuse discretion in seeking waiver; defendant pleaded guilty in adult court to unlawful possession of a handgun and appealed.

Issues

Issue	State's Argument	Campbell's Argument	Held
Whether probable cause existed that Campbell possessed the handgun for an unlawful purpose (Chart 1 offense)	Facts and inferences (loaded, cocked, accessible firearm; proximity to known gang members during violent spree; physical and circumstantial links) support a well-grounded suspicion he possessed the gun to further gang violence	There was no proof he acted with an unlawful purpose—he was not identified at earlier crimes, not observed participating, and ammunition/color discrepancies undermined the connection	Probable cause existed; court affirmed Family Part’s finding that evidence and reasonable inferences supported a suspicion of unlawful purpose
Whether the prosecutor abused discretion in seeking waiver under the Attorney General Juvenile Waiver Guidelines	Prosecutor provided a detailed, individualized written statement addressing applicable guideline factors (nature of offense, deterrence, community impact, defendant’s association, etc.)	Prosecutor abused discretion by relying on generalized or insufficient considerations; defendant’s lack of adjudicated prior delinquency and non-participation in earlier incidents weighed against waiver	No abuse of discretion; court found the statement of reasons adequate and the waiver decision reasonable
Whether charging Campbell with possession for an unlawful purpose violated due process or was a tactical measure to preclude rehabilitation arguments	Charging was justified by evidence and proper prosecutorial discretion; not undertaken to deny rehabilitation consideration	State charged the Chart 1 offense tactically to prevent defendant from asserting potential rehabilitation in Family Part	Due process claim rejected; court found no evidence of improper motive or arbitrary charging

Key Cases Cited

In re State ex rel. A.D., 212 N.J. 200 (standard for appellate review of waiver decisions and abuse of discretion)
State v. J.M., 182 N.J. 402 (probable cause standard for juvenile waiver proceedings)
State v. Moore, 181 N.J. 40 (probable cause and related standards)
State in Interest of B.G., 247 N.J. Super. 403 (probable cause may be established on hearsay at waiver stage)
Gerstein v. Pugh, 420 U.S. 103 (probable cause threshold and limits of pretrial determinations)
State in re V.A., 212 N.J. 1 (requirements for prosecutor’s written statement of reasons under waiver guidelines)
State v. R.G.D., 108 N.J. 1 (review standard: factual findings must be grounded and legal principles correctly applied)