Two N.J. Cops Who Shot, Killed Man With Meat Cleaver Cleared

Two police officers won't be charged in the fatal shooting of New Jersey man who suffered from schizoaffective disorder threatened them with a meat cleaver, according to authorities.

After considering testimony and evidence, a grand jury voted not to file criminal charges against the two police officers involved in the fatal shooting of Elvin Diaz.

The fatal shooting happened at approximately 1:30 p.m. on May 21, 2015 at 10 Temple Ave. in Hackensack.

Based on several investigative measures outlined above, the Bergen County Prosecutor's Office Major Crimes Unit collected the following evidence, which was presented to a Bergen County Grand Jury for its determination:

On May 21, 2015, a Bergen County Probation Officer contacted the Hackensack Police Department and requested that they conduct a welfare check on Diaz, who was serving probation and who had missed several appointments.

During this phone call, the probation officer alerted the HPD that Diaz suffered from schizoaffective disorder. Shortly thereafter, one officer was dispatched to Diaz’s residence at 10 Temple Ave. in Hackensack to perform the welfare check.

Both officers who were subjects in the shooting investigation were eventually dispatched to the location. One officer had previously dated Diaz’s mother, and had exchanged text messages with her earlier that morning, according to the BCPO.

Upon arriving at 10 Temple Ave. at approximately 1:30 p.m., the two officers proceeded to the second-floor apartment where they were met by a family member of Diaz. Following a brief discussion, Diaz came to the hall area, and the two uniformed officers advised him that they had been asked to check on his welfare on behalf of the Probation Department.

Upon seeing the two uniformed officers, Diaz backed up into a small kitchen area, which was approximately 6 feet, 6 inches wide and 12 feet, 7 inches long, and then grabbed a meat cleaver and held it over his head, according to the BCPO.

The two officers drew their service weapons and gave a series of verbal commands for Diaz to put down the weapon and to remain calm.

In response to verbal commands from the police officers, Diaz stated: “What the f--- you talking about? Who the f--- is looking for me? I ain’t going nowhere. You better f-----g killme before I f-----g kill you.”

The officers again commanded Diaz to drop the meat cleaver, but Diaz responded, “I know how this works. Bullet to the head. Bullet to the head. Come on. F-----g kill me boy, before I f-----g kill you,” according to the BCPO.

Diaz remained in the kitchen, rocking back and forth, while holding the meat cleaver over his head. During this standoff, Diaz, who was within approximately 10 feet from the officers in the kitchen, eventually lunged forward at them with the meat cleaver, according to the BCPO.

In response, both officers fired their weapons. Three rounds hit Diaz in the arm and shoulder area, where he was holding the meat cleaver up over his head. Both officers stopped firing their weapons after they saw Diaz fall to the ground.

Diaz landed face down with the meat cleaver tucked under his chest area. As he was on the ground, the officers continued to command him to release the meat cleaver from his hand.

Diaz was handcuffed and the meat cleaver was located after his body was turned to the side.

Backup officers requested an ambulance, and members of the Hackensack Fire Department arrived shortly thereafter and began to render first aid.

Within minutes, Diaz was removed from the residence by ambulance and taken to Hackensack University Medical Center, where he was pronounced dead at approximately 2:48 p.m.

Although neither of the family members who were present in the residence witnessed the shooting, one family member explicitly corroborated hearing the police officers repeatedly commanding Diaz to drop the weapon, according to the BCPO.

The Bergen County Prosecutor’s Office Major Crimes Unit investigated the shooting death of Diaz and conducted the following: 16 witness interviews; a review, measurement, and three-dimensional rendering of the scene; the collection and review of forensic evidence collected at the scene; review of ballistics reports; among other steps.

The 16 witness interviews included interviews of: the two officers; three HPD officers who responded to the shooting; the Bergen County Probation Department Officer who had been supervising Diaz; three civilian witnesses who were at or near the residence of 10 Temple Ave. at the time of the shooting; and seven civilian witnesses who knew Diaz.