TRENTON – A state grand jury has voted not to file any criminal charges at the conclusion of its deliberations regarding the death of Daniel Nevius, 55, of Sicklerville, New Jersey.

The 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, photographs, review of body-worn and other camera 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 March 4, 2024, and voted “no bill,” meaning the grand jury concluded no criminal charges should be filed against Deptford Police Officer Luke Ivey.

According to the investigation, officers from the Deptford Police Department responded to a residence on Fox Run Road in Deptford, Gloucester County, following a 9-1-1 call. The caller stated Mr. Nevius was pointing a firearm at civilians at the scene. Officers approached the residence on foot, and reported that Mr. Nevius pointed his rifle toward the officers. Officer Ivey fired his service weapon once at 1:21 p.m., striking Mr. Nevius. Emergency medical personnel responded to render aid to Mr. Nevius, who was pronounced deceased on scene at 1:55 p.m. Mr. Nevius’ rifle was recovered.

The Attorney General’s Office previously released video footage from this incident, which can be viewed here: https://njoag.box.com/s/qpqrq19bly6stwxvwdwnnjjd6jypfnbf

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 Thomas Eicher 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.

The Independent Prosecutor Directive is posted on the Attorney General’s website and is available here: Independent Prosecutor Directive

OPIA’s standard operating procedures for grand jury presentations of investigations involving fatal police encounters are also posted on the Attorney General’s website, and are available here: OPIA Grand Jury SOPs 

###