Bergen County Prosecutor=s Office

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ACTING PROSECUTOR GURBIR S. GREWAL
AUGUST 4, 2016
MAUREEN PARENTA
(201) 226-5509 [OFFICE]
PUBLIC INFORMATION OFFICER
(551) 265-8567 [CELL]
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STATEMENT OF ACTING BERGEN COUNTY PROSECUTOR

GURBIR S. GREWAL ON THE POLICE SHOOTING DEATH OF ELVIN DIAZ
After considering testimony and evidence, a Bergen County Grand Jury voted not to file
criminal charges against two Hackensack Police Department (HPD) officers involved in the fatal
shooting of Elvin Diaz at approximately 1:30 p.m. on May 21, 2015 at 10 Temple Avenue,
Hackensack, New Jersey. The Grand Jurys decision was handed up to the Court and made public
earlier today.
Overview of Investigative Measures Undertaken
The Bergen County Prosecutors Office (BCPO), Major Crimes Unit investigated the
shooting death of Mr. Diaz. The investigation included, among other things: 16 witness interviews;
a review, measurement, and three-dimensional rendering of the scene; the collection and review of
forensic evidence collected at the scene; review of ballistics reports; the collection and review of all
available audio and video recordings; active consultation with the Bergen County Medical Examiner
(BCME) and critical review of the BCMEs report on Mr. Diazs death; review of all HPD reports
related to the May 21, 2015 incident; and a review of training records related to the two HPD officers
Officer 1 and Officer 2 involved in the shooting. The 16 witness interviews included interviews
of: Officers 1 and 2; three HPD officers who responded to the shooting; the Bergen County
Probation Department Officer who had been supervising Mr. Diaz; three civilian witnesses who were
at or near the residence of 10 Temple Avenue at the time of the shooting; and seven civilian
witnesses who knew Mr. Diaz.
Summary of Evidence Presented to the Grand Jury
Based on the investigative measures outlined above, the BCPO Major Crimes Unit collected
the following evidence, which was presented to a Bergen County Grand Jury for its determination:

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On May 21, 2015, a Bergen County Probation Officer contacted the HPD and requested that
they conduct a welfare check on Elvin Diaz, a probationer under his/her supervision who had missed
several appointments. During this phone call, the probation officer alerted the HPD that Mr. Diaz
suffered from schizoaffective disorder. Shortly thereafter, Officer 2 was dispatched to Mr. Diazs
residence at 10 Temple Avenue, Hackensack, New Jersey to perform the welfare check. Officer 1,
the post supervisor, and Officer 3 were also dispatched to respond to the location. Officers 1, 2, and
3 were all in uniform.
In addition, Officer 1 knew Mr. Diaz prior to May 21, 2015 because Officer 1 had previously
dated Mr. Diazs mother. In fact, Officer 1 had exchanged text messages with her earlier that
morning. Those text messages did not concern Mr. Diaz. Officer 2 also knew Mr. Diaz prior to May
21, 2015 as they were distant relatives.
Upon arriving at 10 Temple Avenue at approximately 1:30 p.m., Officers 1 and 2 proceeded
to the second-floor apartment where they were met by a family member of Mr. Diaz. Officer 3
entered the residence shortly thereafter. Following a brief discussion between Officers 1 and 2 and
the family member, Mr. Diaz came to the hall area and the two uniformed officers advised him that
they had been asked to check on his welfare on behalf of the Probation Department. Upon seeing the
two uniformed officers, Mr. Diaz backed up into a small kitchen area, which was approximately 6
feet 6 inches wide and 12 feet 7 inches long. Mr. Diaz then grabbed a meat cleaver, which he held
over his head. Thereafter, Officers 1 and 2 drew their service weapons and gave a series of verbal
commands for Mr. Diaz to put down the weapon and to remain calm.
Shortly after the arrival of Officers 1, 2, and 3, another family member of Mr. Diaz returned
to the residence at 10 Temple Avenue. Officer 3 remained in the hallway of the residence and kept
Mr. Diazs two family members in a separate bedroom, preventing them from entering the kitchen
area.
In response to verbal commands from the police officers, Mr. Diaz stated: What the fuck
you talking about? Who the fuck is looking for me? I aint going nowhere. You better fucking kill
me before I fucking kill you. The officers again commanded Mr. Diaz to drop the meat cleaver, and
Mr. Diaz responded, I know how this works. Bullet to the head. Bullet to the head. Come on.
Fucking kill me boy, before I fucking kill you. Mr. Diaz remained in the kitchen, rocking back and
forth, while holding the meat cleaver over his head. During this standoff, Officer 2 called to Officer
3, who was positioned outside the kitchen in the hallway, and asked Officer 3 to call the S.W.A.T.
team for assistance. Immediately thereafter, Mr. Diaz, who was within approximately ten feet from
the officers in the kitchen, lunged forward at them with the meat cleaver.
In response, both officers fired their weapons. Officer 1 fired nine rounds and Officer 2 fired
one round. Three rounds hit Mr. Diaz in the arm and shoulder area, where he was holding the meat
cleaver up over his head. Both officers stopped firing their weapons after they saw Mr. Diaz fall to
the ground.

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Mr. Diaz landed face down with the meat cleaver tucked under his chest area. As he was on
the ground, the officers continued to command him to release the meat cleaver from his hand. Mr.
Diaz was handcuffed and the meat cleaver was located after his body was turned to the side.
Back-up officers requested an ambulance and members of the Hackensack Fire Department
arrived shortly thereafter and began to render First Aid. Within minutes, Mr. Diaz was removed
from the residence by ambulance and taken to Hackensack University Medical Center, where he was
pronounced dead at approximately 2:48 p.m.
Although neither of the family members who were present in the residence witnessed the
shooting, one family member explicitly corroborated hearing the police officers repeatedly
commanding Mr. Diaz to drop the weapon. A portion of these commands were also recorded when
Officer 3 called headquarters for additional assistance. When interviewed by BCPO detectives
shortly after the incident, the other family member present at the residence also stated that the police
officers instructed Mr. Diaz to calm down and to drop it.
The autopsy performed on Mr. Diaz established that he sustained nine bullet wounds: (1) a
gunshot to the right side of the chest; (2) a second gunshot wound to the right side of the chest; (3) a
gunshot wound to the left shoulder, which subsequent ballistics testing revealed was fired from
Officer 1s duty weapon; (4) a gunshot wound of the left arm, which subsequent ballistics testing
revealed was fired from Officer 1s duty weapon; (5) a gunshot wound to the left forearm; (6) a
gunshot wound to the left thigh; (7) a second gunshot wound to the left thigh; (8) a gunshot wound to
the left leg; and (9) a gunshot wound to the right thigh. Five of the ten bullets fired by the officers
were recovered from Mr. Diazs body at autopsy; three of those five projectiles were deemed
unsuitable for comparison purposes due to damage sustained on impact. Three discharged projectiles
were recovered in the kitchen area including two that passed through the refrigerator door and lodged
in a wall behind it; they too were deemed unsuitable for comparison purposes due to damage
sustained on impact. Two projectiles were not recovered.
During the investigation of the scene, a total of ten shell casings were collected from the
scene. In addition, the meat cleaver used by Mr. Diaz was recovered. Subsequent ballistics testing
determined that nine of those shell casings were discharged from the duty weapon of Officer 1 and
one shell casing was discharged from the duty weapon of Officer 2. The locations of these shell
casings in the kitchen area were consistent with the position of each officer as described by them.
Further, inspection of both officers duty weapons revealed that nine cartridges were missing from
the duty weapon of Officer 1 and one cartridge was missing from the duty weapon of Officer 2. The
inspection of the duty weapons was, therefore, consistent with the findings at the crime scene.
Based on a review of the scene, forensic analysis, and ballistics analysis, Mr. Diazs position,
as well as the respective positions of each officer at the time of the shooting, it appears that as Mr.
Diaz moved towards the officers with the meat cleaver in his hand, both his front and his left side
would have been presented to the officers as they discharged their weapons.

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The entire incident, from the time that Officer 1 first radioed headquarters that he/she had
arrived at 10 Temple Avenue until the time other officers radioed headquarters that shots had been
fired, took approximately 6 minutes.
On May 21, 2015, there was no video camera in the residence at 10 Temple Avenue, and the
HPD officers did not carry conducted energy devices, which are also known as CEDs or Tasers.
Nor did HPD officers wear body worn cameras at the time.
The Grand Jurys Findings
The information gathered during the course of the investigation, which is outlined above, was
presented to a Bergen County Grand Jury pursuant to the terms of the Supplemental Law
Enforcement Directive issued by the Office of the Attorney General on July 28, 2015 Regarding
Uniform Statewide Procedures and Best Practices for Conducting Police Use of Force Investigations
(Attorney Generals Directive). The Grand Jury was instructed on potential criminal charges
against the two officers, as well as on the law of justification the use of force in protection of self
and others. After hearing evidence and being instructed on the law, the Grand Jury did not return
criminal charges against either officer.
Compliance with the Attorney Generals Directive
Acting Bergen County Prosecutor Gurbir S. Grewal has reviewed this matter. In this regard,
the BCPOs investigation and the presentation of this matter to the Grand Jury was conducted in
compliance with all relevant provisions of the Attorney Generals Directive. In addition, a
comprehensive conflicts inquiry was conducted to ensure that no actual or potential conflict of
interest existed for Acting Prosecutor Grewal, former Prosecutor John L. Molinelli, or any of the
supervisors or detectives assigned to the investigation.

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