State of New Jersey v. Dominic A. Lloyd

── State of New Jersey v. Dominic A. Lloyd ── Court: New Jersey Superior Court Appellate Division Date: May 14, 2026 Category: General RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3908-24 STATE OF NEW JERSEY, Plaintiff-Appellant, v. DOMINIC A. LLOYD, Defendant-Respondent. ________________________ Submitted April 21, 2026 – Decided May 14, 2026 Before Judges Gooden Brown and Rosero. On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Indictment No. 23-12- 0866. Andrew B. Johns, Gloucester County Prosecutor, attorney (Jonathan Gilmore, Assistant Prosecutor, on the brief). Stephen J. Buividas, attorney for respondent. PER CURIAM The State appeals from the August 4, 2025 Law Division order admitting defendant Dominic Lloyd into the Pretrial Intervention Program (PTI) over the prosecutor's objection. Based on our review of the record, we reverse the trial judge's order and remand for further proceedings. I. Defendant was charged in a three-count Gloucester County indictment with second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b)(1) and 2C:58-4; second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1); and third-degree terroristic threats, N.J.S.A. 2C:12- 3(b). The charges stemmed from a verbal altercation that escalated into a fistfight between defendant and Antonio Dickerson after a basketball game at a gymnasium in Turnersville at about 4:30 p.m. on October 23, 2022. Video surveillance captured defendant striking Dickerson in the face after the verbal altercation. Dickerson left the basketball court for a short time, allegedly telling defendant, "I'll be right back, I'm going to kill you[,] MF'er." When Dickerson returned, defendant took a firearm out of his gym bag, "racked" it openly, and handed it to a friend. Defendant was licensed to carry a firearm in Pennsylvania but not in New Jersey. After the fight, defendant retrieved the firearm and left the gymnasium before the police arrived. After speaking with eyewitnesses and Dickerson, the police identified defendant and issued a A-3908-24 2 warrant for his arrest. Pursuant to Rule 3:28-3(b)(1), governing PTI applications requiring prosecutor's consent "based on the nature of the crime charged," defendant sought admission to the PTI program. In support, defendant submitted letters from his pastor, supervisor, and childhood friend attesting to his character and asserting he was a "respected" member of a "church community," an "exemplary employee," and "a mentor for troubled youth." In a supporting brief, defendant also argued he met the criteria to overcome the presumption against admission into the PTI program under the Attorney General's 2014 Graves Act Directive because he "ha[d] no prior involvement with the criminal justice system, . . . lawfully acquired and possessed the firearm in a different state[,] and . . . [his] presence in New Jersey was incident to lawful travel." See Off. of the Att'y Gen., Clarification of 'Graves Act' 2008 Directive with Respect to Offenses Committed by Out-of- State Visitors From States Where Their Gun-Possession Conduct Wou