Man Shot by Police to Get Probation for Possession of Fake Gun

A young man shot by police officers for firing a fake gun into the air on Seaman Street will be sentenced to five years probation. 

Victor Rodriguez, 21, and his cousin, Anthony Rodriguez, 23, both of New Brunswick, have pleaded guilty to charges of possessing an imitation firearm for the replica 9 mm Beretta that fired blanks. 

On Jan. 31, 2012, Victor Rodriguez was on Seaman Street near Remsen Avenue when he fired blank rounds into the air in the vicinity of people on the street. He was subsequently shot by two officers on patrol. 

At a Jan. 6 hearing before a Superior Court judge, the two men told the court that the replica looked like a real gun and said that anyone who saw it would believe it to be a real handgun, according to a press release from the Middlesex County Prosecutor's Office. 

Both men will be placed on probation for up to five years as part of a plea agreement with the Middlesex County Prosecutor's Office. 

They were indicted on Nov. 7, 2012 by a grand jury in New Brunswick, and will be sentenced on March 10, according to the release.

The grand jury also reviewed evidence and "Found no basis to file charges" against the two officers who shot and wounded Rodriguez. 

Rodriguez's family has said that the shooting paralyzed him from the waist down, and that they intended to sue the city.

The Middlesex County Prosecutor's Office has handled the investigation.