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A Monmouth County grand jury returned a 6-count indictment Monday against 20-year-old Dante Allen of Asbury Park, charged in the police involved November shooting that resulted in a little girl being grazed by bullet, Acting Monmouth County Prosecutor Christopher J. Gramiccioni announced in a written news statement.

Allen is charged with first degree attempted murder, second degree unlawful possession of a weapon, second degree possession of a weapon for an unlawful purpose, fourth degree possession of a prohibited weapon, third degree receiving stolen property, and third degree possession of a controlled dangerous substance [Cocaine].

From the news release:

The charges stem from a Nov. 4, 2015, incident after an Asbury Park police officer attempted to conduct a field stop of Allen around 7:15 p.m. at the intersection of Boston Way and Atkins Avenue. Allen pulled the hood of his hoodie over his head and covered his face as he walked away from the officer, while clutching something on his left side, under his sweatshirt.  The incident escalated when Allen fled the officer and began to run westbound on Springwood Avenue.  The officer chased after Allen and pulled out his service weapon.  As Allen ran into an open field nearby he turned and fired at the officer.  The officer immediately returned fire at Allen, striking him in the leg.

Allen was found in possession of a 9mm Smith & Wesson handgun. He was taken to a local hospital where he was treated and released to the custody of law enforcement.

As a result of the exchange of gunfire between the police officer and Allen, an 8-year-old child was shot at a house on Borden Avenue, a residence located on the far side of the open field where Allen was arrested.  The injured child was inside her house watching television when a shot came through the wall and grazed her forehead.  The child was transported to Jersey Shore University Medical Center, Neptune Township, where she was treated for a superficial wound to the forehead and was released the same night.

Although ballistic test results to determine if the bullet that grazed the child came from Allen or the officer’s gun proved inconclusive, Gramiccioni said the bullet most likely came from the police officer’s gun.

“The ballistics examination by the New Jersey State Police Forensic Investigations Bureau Ballistics Unit was inconclusive in determining which projectile struck the victim, but the opinion of the forensics lab and the investigatory opinion of this Office have determined the projectile came from the weapon of the police officer,” Gramiccioni said in a Jan. 22, 2016 statement.

Allen currently remains at Monmouth County Jail in lieu of $1,337,500 bail, as set by Monmouth County Superior Court Judge Anthony J. Mellaci, Jr.

He faces up to 20 years if convicted of the attempted murder, with the No Early Release Act [NERA] provision requiring him to serve 85 percent of the sentence imposed before being eligible for parole. Under the mandate, Allen would remain under parole supervision for five years following release.

If convicted of the second degree weapons charges, Allen faces five to ten years for each count. Each of the third degree offenses carry a three to five year sentence and the fourth degree charge of possession of a prohibited weapon carries an additional sentence of up to 18 months.

Monmouth County Assistant Prosecutor and Senior Litigation Counsel Thomas Huth heads the case against Allen.

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