TRENTON — A state grand jury has voted not to file any criminal charges at the conclusion of its deliberations regarding the death of Christofe “Christopher” Wita, 44, of Berlin, New Jersey, who was fatally struck by a police vehicle driven by an on-duty sergeant in the Atco section of Waterford, New Jersey, on November 23, 2023.

Mr. Wita’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 witness interviews, radio transmissions, photographs, review of video footage, police reports, 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 August 5, 2024, and voted “no bill,” meaning jurors concluded no criminal charges should be filed against Sgt. Richard Sbarra, of the Waterford Township Police Department.

According to the investigation, Sgt. Sbarra was on duty, driving a department vehicle, when his vehicle struck a pedestrian, later identified as Mr. Wita. The fatal accident occurred on the White Horse Pike (Route 30) in Atco. The investigation revealed that, at 2:09 a.m., Mr. Wita was crossing Route 30 on foot in a poorly lit area and was not within a crosswalk when he was struck by Sgt. Sbarra. The sergeant was traveling less than the posted speed limit at the time of the accident. Officers on-scene rendered medical aid, but Mr. Wita was pronounced deceased at 2:19 a.m.

Footage from a police body-worn camera and audio of police radio communications relating to the collision were previously released. Those recordings are posted online: https://njoag.box.com/s/x7uzvywowy712nadb1q2db72xt0wuggs

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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