TRENTON — A state grand jury has voted not to file any criminal charges against an Elizabeth police officer at the conclusion of its deliberations regarding a December 10, 2023 fatal motor vehicle crash in Elizabeth, New Jersey. The crash victims have been identified as Juan Carlos Alvear, 54, and Ysabel Gonzalez, 63, both of Elizabeth, New Jersey.

Mr. Alvear’s and Ms. Gonzalez’s deaths were 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, which was issued following the enactment of a state law requiring the Office of the Attorney General to investigate deaths that occur during an encounter with law enforcement. OPIA issued standard operating procedures (SOPs) in July 2021 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, photographs, review of surveillance video footage, 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 January 27, 2025, and voted “no bill,” concluding no criminal charges should be filed against Elizabeth Police Officer Michael White.

According to the investigation, on December 10, 2023, officers from the Elizabeth Police Department responded to a call received at approximately 5:42 a.m., reporting the sound of gunfire in the area of Fourth Avenue and Centre Street in Elizabeth. Officer White was one of the responding officers, and he followed a vehicle of interest in his patrol car through various streets in Elizabeth and onto Routes 1&9. It was later determined that the vehicle of interest was being driven by Jamie Fernandez, 21, from Elizabeth.  At the intersection of Grand Street and Routes 1&9, Mr.  Fernandez’s vehicle drove through a red light and collided with a taxi. Officer White’s vehicle was not involved in the crash. The taxi driver, Mr. Alvear, and the sole passenger of the taxi, Ms. Gonzalez, were killed. Two of the three occupants of Mr. Fernandez’s vehicle were arrested and later hospitalized with non-life-threatening injuries. The third individual exited the car and left the scene on foot.

The Union County Prosecutor’s Office handled the investigation and prosecution of the driver who collided with Mr. Alvear’s taxi, Mr. Fernandez, and his passenger Joel Pieretti, 19, both from Elizabeth, New Jersey. Both defendants entered guilty pleas on October 21, 2024. Fernandez pleaded guilty to two counts of death by auto and one count of unlawful possession of a weapon. He was sentenced to two consecutive four-year New Jersey state prison terms, a total of eight years, and must serve 85 percent of the sentence before becoming eligible for parole. He was also sentenced to a concurrent five-year prison term on the charge of unlawful possession of a weapon. Pieretti pleaded guilty to joyriding, with a time-served sentence.

Today video footage from several surveillance cameras and audio from police radio communications relating to this fatal crash are being released, pursuant to policies established by the Attorney General’s Office in 2019 to promote the fair, impartial, and transparent investigation of fatal police encounters. Investigators provided an opportunity to representatives of both Mr. Alvear’s and Ms. Gonzalez’s families to review the recordings before their public release.

Those recordings are posted online: https://njoag.box.com/s/jhex78a40b5b31pbw8ke9b8oo4ao57zu

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 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 and, as required by statutes, the grand jury is instructed on self-defense and other forms of legal justification.

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.

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