Mercer Times

A state grand jury has voted not to file any criminal charges at the conclusion of its deliberations regarding the death of Christofe “Christopher” Wita, 44, of Berlin, New Jersey. Wita was fatally struck by a police vehicle driven by an on-duty sergeant in the Atco section of Waterford, New Jersey, on November 23, 2023.

Mr. Wita’s death was investigated by the Office of Public Integrity and Accountability (OPIA) and presented to New Jersey residents serving on the grand jury in accordance with the Independent Prosecutor Directive of 2019. In July 2021, OPIA issued standard operating procedures (SOPs) to ensure these grand jury presentations are conducted in a neutral, objective manner, with appropriate transparency regarding the process.

The investigation included witness interviews, radio transmissions, photographs, review of video footage, police reports, and autopsy results from the medical examiner. This evidence was presented to a state grand jury. After hearing the testimony and evidence, the grand jury concluded its deliberations on August 5, 2024, and voted “no bill,” meaning jurors concluded no criminal charges should be filed against Sgt. Richard Sbarra of the Waterford Township Police Department.

According to the investigation, Sgt. Sbarra was on duty driving a department vehicle when his vehicle struck a pedestrian later identified as Mr. Wita. The fatal accident occurred on White Horse Pike (Route 30) in Atco. The investigation revealed that at 2:09 a.m., Mr. Wita was crossing Route 30 on foot in a poorly lit area and was not within a crosswalk when he was struck by Sgt. Sbarra. The sergeant was traveling less than the posted speed limit at the time of the accident. Officers on-scene rendered medical aid but Mr. Wita was pronounced deceased at 2:19 a.m.

Footage from a police body-worn camera and audio of police radio communications relating to the collision were previously released online.

N.J.S.A. 52:17B-107(a)(2) requires the Attorney General’s Office to conduct investigations of a person’s death that occurs during an encounter with a law enforcement officer acting in their official capacity or while the decedent is in custody. It requires that all such investigations be presented to a grand jury to determine if the evidence supports returning an indictment against the officer or officers involved. The grand jury is instructed on potential criminal offenses including criminal homicide offenses that could be brought and is instructed on self-defense and other forms of legal justification as required by statutes.

A conflicts check conducted pursuant to the Independent Prosecutor Directive found no actual or potential conflict of interest involving any individual assigned to the investigation. Prior to presentation to the grand jury, OPIA Executive Director Drew Skinner reviewed the investigation following policies and procedures established for these presentations in SOPs.

At these investigations' conclusion, pursuant to Independent Prosecutor Directive and SOPs, OPIA determines whether any principal should be referred for administrative review according to AG’s Internal Affairs Policy & Procedures. OPIA monitors any resulting review ensuring it is completed timely and appropriate actions are taken based on review results.