A state grand jury has voted not to file any criminal charges at the conclusion of its deliberations regarding the death of Rosita Diaz, 57, of Paterson, New Jersey, who died on February 18, 2022, while in custody at the Paterson Police Department.
Ms. Diaz’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, consistent with the directive.
The investigation included witness interviews, review of body-worn camera and surveillance footage, medical records, as well as autopsy and toxicology results from the state medical examiner. This evidence was presented to a state grand jury. After hearing the testimony and evidence, the grand jury finished deliberating on December 16, 2024, and voted “no bill,” meaning jurors concluded no criminal charges should be filed against any involved officers.
According to the investigation, Ms. Diaz was arrested February 17, 2022, for alleged possession of narcotics. Between February 17, 2022, and February 18, 2022, she was taken to a hospital several times for either medical issues or medical/psychological clearance for incarceration. After her last discharge from the hospital, and while awaiting transportation to the jail, she was found unresponsive in a Paterson Police Department holding cell on February 18, 2022 at approximately 5:55 p.m. After EMS were called, Ms. Diaz was pronounced deceased in the cell at approximately 6:16 p.m. Toxicological testing showed that Ms. Diaz had fentanyl, para-flouro-fentanyl, and cocaine in her system at the time of her death. The Medical Examiner determined Ms. Diaz’s death was an accident.
A 2019 law, 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 the officer’s official capacity or while the decedent is in custody. It requires that all such investigations be presented to a state grand jury to determine if the evidence supports the return of an indictment against the officer or officers involved. The grand jury is instructed on the elements of the potential criminal offenses, including criminal homicide offenses, that could be brought.
A conflicts check was conducted pursuant to the Independent Prosecutor Directive and no actual or potential conflict of interest was found involving any individual assigned to the investigation. Prior to presentation to the grand jury, the investigation was reviewed by OPIA Executive Director Drew Skinner in accordance with the policies and procedures established for these presentations in the SOPs.
At the conclusion of these investigations, pursuant to the Independent Prosecutor Directive and SOPs, OPIA determines whether any principal should be referred to the appropriate law enforcement agency for administrative review in accordance with the AG’s Internal Affairs Policy & Procedures. OPIA monitors any resulting review and takes such actions as are necessary to ensure that the review is completed in a timely fashion, and that appropriate actions are taken based on the results of the review.