Cop Won't Be Charged For 2020 Fatal Shooting In Passaic County

BLOOMINGDALE, NJ — A state grand jury voted not to file charges against an officer who fatally shot a man two years ago during a police encounter in Passaic County. The Jan. 23, 2020, incident put Riverdale Police Officer Andrew Duffy under investigation for the shooting of Michael Rivera in Bloomingdale.

The encounter culminated with Rivera driving his vehicle into Duffy's police car while the officer exited, with the collision pinning Duffy's foot in the door, according to the New Jersey Office of Attorney General. Duffy fired multiple rounds, one of which killed Rivera, according to authorities.

Officials brought Rivera, 32, to Chilton Medical Center, where the Newark resident was pronounced dead. Duffy was treated for a foot injury and later released.

What Led to the Fatal Encounter

Earlier, Duffy tried to stop Rivera in the parking lot of a Riverdale business in connection with a theft investigation. In the parking lot, Rivera jumped into a vehicle and started it, the attorney general's office said.

Duffy tried unsuccessfully to remove the keys from the vehicle, so he withdrew from it to avoid being dragged, authorities said. Police were alerted to look out for Rivera's vehicle, which officers from local police agencies later spotted and pursued.

Duffy and several officers followed Rivera onto Mathews Drive — a cul de sac in Bloomingdale. Rivera drove over an unpaved, raised busy area between two driveways in an apparent effort to evade police, the attorney general's office said.

Rivera drove toward Duffy's marked police vehicle while the officer exited, striking the car and trapping Duffy's foot in the door.

After Duffy fired multiple rounds and shot Rivera, police and emergency services personnel administered first aid. He was later pronounced dead at the hospital.

The Investigation

A 2019 New Jersey law requires the attorney general's office to conduct investigations into deaths that occur during encounters with law enforcement or while in custody. The office must present each investigation to a grand jury, which determines if the evidence supports the return of an indictment.

The investigation into Rivera's death included interviews of witnesses, collection of forensic evidence, review of video footage and a review of autopsy results from the medical examiner.

After hearing testimony and evidence of the case, the grand jury concluded deliberations Monday. The grand jury voted "no bill," meaning the majority found Duffy's actions should not result in charges against him.

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