For Immediate Release: March 4, 2025
Office of The Attorney General
– Matthew J. Platkin, Attorney General
Office of Public Integrity and Accountability
– Drew Skinner, Executive Director
For Further Information:
Media Inquiries-
Dan Prochilo
OAGpress@njoag.gov
Mr. 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 review of surveillance and body-worn camera video, radio transmissions, a fatal motor vehicle crash report, photographs, and autopsy 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 February 24, 2025 and voted “no bill,” concluding no criminal charges should be filed against Sergeant First Class Kesene Grier of the NJSP.
According to the investigation, on February 5, 2024, shortly after 6:00 a.m., Sergeant Grier was driving an unmarked NJSP SUV when she collided with a man riding an electric bike, later identified as Mr. Diaz.
The collision happened before sunrise at the intersection of Willow Grove Street and Brook Hollow Drive in Hackettstown. While travelling west on Brook Hollow Drive, Sergeant Grier stopped at a stop sign and turned left onto Willow Grove Street. Mr. Diaz, who was travelling northbound on Willow Grove Street, abruptly applied the brakes to his electric bike with heavy front brake application, causing the rear of the e-bike to become elevated, and he overturned. Mr. Diaz and his e-bike were impacted by the left side and undercarriage of the NJSP vehicle.
Sergeant Grier remained on scene, contacted dispatch to report the collision, and attended to Mr. Diaz while awaiting the arrival of additional officers and emergency medical personnel. Mr. Diaz was transported to Hackettstown Medical Center, where he was pronounced deceased at 7:17 a.m.
Surveillance-camera footage and police radio transmissions relating to this fatal crash were previously released. Those recordings are posted online: https://njoag.box.com/s/oh6su6jcoysxg7009mlapaad7vd3ldbe
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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