No Criminal Charges For Newark Cop Who Shot Unarmed NJ Man, Jury Rules

ESSEX COUNTY, NJ — A state grand jury has declined to file criminal charges against a police officer who shot and killed an unarmed South Orange man in Newark on New Year’s Day two years ago, prosecutors announced Thursday.

According to the New Jersey attorney general’s office, Detective Rod Simpkins of the Newark Police Department fatally shot Carl Dorsey III, 39, just after midnight on Jan. 1 in 2021.

After hearing the testimony and evidence, the grand jury concluded its deliberations on Tuesday and voted “no bill,” meaning that the jury concluded no criminal charges should be filed against Simpkins. Read More: Newark Launches Its Own Probe Into Police Shooting After Jury Decision

Prosecutors released the following statement about the shooting:

“Based on the investigation, the shooting occurred shortly after midnight on South 11th Street near Woodland Avenue in Newark. A group of 12 plainclothes detectives assigned to the Newark Police Department’s Criminal Intelligence Unit, who were on patrol detail for New Year’s Eve, responded in separate unmarked police vehicles to South 11th Street from Avon Avenue after hearing gunshots in that area. Detective Simpkins was the rear seat passenger of the lead police vehicle as they turned onto South 11th Street. According to the detectives, as they approached in their vehicles, some of them observed muzzle flashes and individuals discharging and holding handguns. Detective Simpkins immediately exited his vehicle with his service weapon drawn. According to Detective Simpkins, his focus was on two individuals with guns located north of him with whom he was about to engage. Detective Simpkins was physically struck from the side by an individual, later identified as Carl Dorsey, which caused Simpkins to fall to the ground. As Det. Simpkins was falling to the ground, his service weapon discharged once, striking Mr. Dorsey, who was not armed with a weapon.”

Prosecutors continued:

“None of the detectives were equipped with body-worn cameras at the time of the incident. However, home surveillance footage captured Mr. Dorsey running across the street from the west side to the east side and colliding with Detective Simpkins just after Simpkins exited his vehicle. Detectives rendered medical aid to Mr. Dorsey until EMS personnel arrived. Mr. Dorsey was transported to University Hospital where he was pronounced deceased at 1:37 a.m.”

Prosecutors added:

“Shortly after Mr. Dorsey was shot, an individual whom officers saw pointing a gun was apprehended after discarding the gun at the scene on South 11th Street. That individual was prosecuted and pleaded guilty to 4th degree pointing a firearm. A shell casing recovered from the scene matched the gun that was recovered near the person who was arrested.”

In the wake of the shooting, New Jersey Attorney General’s Office released video surveillance footage taken at the scene. The footage – which comes from a nearby security camera – shows a chaotic scene, with several people running in panic after apparently hearing a gunshot. It can be seen here.

An ensuing investigation of the shooting included interviews of witnesses, collection of forensic evidence, review of video and autopsy results from the medical examiner. After hearing the testimony and evidence, the grand jury concluded its deliberations on Tuesday and voted “no bill,” prosecutors said.

The grand jury’s decision comes more than two years after the shooting took place. Family members and advocates have been pushing officials for an update and demanding action on the case.

Last summer, Dorsey’s family filed a lawsuit against the officer who shot him, several other unnamed officers, the local police department and the city. The civil lawsuit is seeking punitive damages, costs and attorney fees. It accuses police of committing excessive force during the encounter, and accuses the city of failing to train officers properly.

• See related: NJ Family Files Lawsuit After Fatal Police Shooting In Newark
• See related: Fatal Police Shooting In Newark 2 Years Ago Hasn't Been Forgotten

The week prior to the shooting, the Newark Public Safety Department said that no local police officer had fired a shot in 2020, which some experts lauded as a major accomplishment and a sign that reforms in the department are working. Read More: Violent Crime Up In Newark For 2021, But Down Over 3-Year Period

After reviewing video footage of the shooting last year, Mayor Ras Baraka said he found it to be “tragic and disturbing,” but also “incomplete.” Baraka added that the city and its police department would be looking into expanding the use of body cameras to include plainclothes units. Read More: Newark Mayor On Police Shooting: 'Tragic, Disturbing, Incomplete'

That new policy took effect in January 2021. Read More: Newark Now Requires Most Plainclothes Cops To Wear Body Cameras

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