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State Grand Jury Clears Newark Officers in Foot Chase Incident Leading to Man's Death
No Criminal Charges in Raul L. DeJesus Case Following Comprehensive Investigation
NEWARK, NJ - A state grand jury has concluded its investigation into the death of 43-year-old Raul L. DeJesus of Newark, deciding against filing criminal charges against the involved Newark police officers. The incident, which led to Mr. DeJesus's death following a foot chase and arrest on January 5, 2023, was closely scrutinized, with the final deliberations ending on January 22, 2024.
The Office of Public Integrity and Accountability (OPIA) conducted a thorough investigation into Mr. DeJesus's death, adhering to the 2019 Independent Prosecutor Directive's guidelines. The process, governed by standard operating procedures issued by OPIA in July 2021, aimed at ensuring neutral, objective grand jury presentations with due transparency.
The investigation encompassed witness interviews, photographic evidence, surveillance, body-worn camera footage, and autopsy results from the medical examiner. This comprehensive body of evidence was presented to the state grand jury, which, after careful consideration, voted not to file criminal charges against Officers Alberto Vera and Nicholas Miller of the Newark Police Department.
According to the investigation details, Officer Vera, on January 5, 2023, approached Mr. DeJesus, who was exiting a vehicle linked to a Paterson homicide investigation. The encounter occurred near Orange Street and South 11th Street in Newark. Mr. DeJesus fled, leading to a chase that ended with his arrest by Officers Miller and Vera near Route 280.
Following the arrest, the officers, adhering to the Attorney General’s Use of Force Policy, ensured Mr. DeJesus was seated upright to avoid positional asphyxiation. After noticing Mr. DeJesus appeared lethargic and had breathing difficulties, they summoned EMS and provided aid. Mr. DeJesus was transported to University Hospital, where he was pronounced dead at 4:41 p.m. The State Medical Examiner determined his death resulted from coronary artery disease with acute methamphetamine toxicity.
Footage from the incident, captured on body-worn and surveillance cameras, was made available online as part of the investigation's transparency efforts.
Under N.J.S.A. 52:17B-107, the Attorney General’s Office is mandated to investigate deaths occurring during law enforcement encounters or while in custody. These cases are required to be presented to a grand jury to assess the need for criminal indictments. The grand jury is instructed on potential criminal offenses, including homicide, self-defense, and legal justifications.
A conflicts check, as per the Independent Prosecutor Directive, revealed no conflict of interest in the investigation. OPIA Executive Director Thomas Eicher reviewed the case before its presentation to the grand jury, in line with established SOPs.
Upon concluding such investigations, OPIA assesses if any principal should undergo administrative review as per the AG’s Internal Affairs Policy & Procedures. OPIA ensures timely completion of these reviews and appropriate action based on their outcomes.
The Independent Prosecutor Directive and OPIA’s SOPs for grand jury presentations in fatal police encounter cases are available on the Attorney General’s website.
