Mercer Times

A state grand jury has decided not to bring criminal charges against officers involved in the death of Rosita Diaz, who died while in custody at the Paterson Police Department on February 18, 2022. The decision followed an investigation by the Office of Public Integrity and Accountability (OPIA), which presented its findings to New Jersey residents serving on the grand jury.

The investigation adhered to standard operating procedures established by OPIA in July 2021. These procedures aim to ensure neutrality and transparency during grand jury presentations, as mandated by the Independent Prosecutor Directive of 2019.

The evidence considered included witness interviews, body-worn camera footage, surveillance videos, medical records, and autopsy and toxicology reports from the state medical examiner. After reviewing this evidence, the grand jury concluded deliberations on December 16, 2024, deciding that no criminal charges should be filed against any officers involved.

Ms. Diaz was arrested on February 17, 2022, for alleged narcotics possession. She was taken to a hospital multiple times for medical issues or clearance for incarceration between February 17 and February 18. After her final discharge from the hospital and while awaiting transportation to jail, she was found unresponsive in a holding cell at approximately 5:55 p.m. Emergency services were called but pronounced her dead at around 6:16 p.m. Toxicology tests revealed fentanyl, para-flouro-fentanyl, and cocaine in her system at her time of death. The Medical Examiner ruled her death an accident.

Under a law enacted in 2019 (N.J.S.A. 52:17B-107(a)(2)), the Attorney General’s Office must investigate deaths occurring during encounters with law enforcement or while individuals are in custody. These investigations are presented to a state grand jury to determine if there is sufficient evidence for an indictment against involved officers.

No conflicts of interest were found among those assigned to Ms. Diaz's case following a conflicts check under the Independent Prosecutor Directive. OPIA Executive Director Drew Skinner reviewed the investigation before it was presented to the grand jury according to established policies and procedures.

At the conclusion of such investigations under SOPs and directives like these, OPIA decides whether any principal should be referred for administrative review per AG’s Internal Affairs Policy & Procedures. OPIA oversees any resulting reviews ensuring timely completion and appropriate actions based on review outcomes.