2 Providence Officers Cleared Of Use Of Force Charges On Teen

PROVIDENCE, RI — Two Providence police officers were cleared from accusations they used excessive force when arresting a teen who led officers on a high-speed chase and shot people with BB guns, Attorney General Peter Neronha said Wednesday.

Neither Officer Domingo Diaz nor Officer Mitchel Voyer will face charges. Voyer had already been cleared, but Diaz was the subject of an investigation from a Providence County grand jury.

The 23-member jury declined to charge Diaz with simple assault against one of the teens involved after three days of listening to evidence.

Details leading up to the arrests

On July 9, 2021, Providence and Pawtucket police responded to numerous reports of a group of teens shooting at people from a BMW.

Victims told officers they were shot in the head, face and body with BB guns. Authorities said there were also reports of property damage.

Rhode Island State Police told Providence officers the BMW bolted when troopers tried to stop the teens near Potters Avenue. Police officers in pursuit were told to assume that the weapons involved might be actual guns, given the uncertainty based on public reports regarding the nature of the weapons involved, the Attorney General's office said.

After a 40-minute pursuit through numerous cities and towns, the driver crashed into a fire hydrant on King Street, authorities said.

Body-worn camera footage showed the driver and rear passenger surrendered to police, but the front passenger did not. The teen fought with officers for about a minute before being placed under arrest, authorities said.

The suspect was wearing a fanny pack, and at various times during the struggle, his hands and arms were unsecured and beneath his body near the fanny pack, officials said.

Body-worn camera footage showed Diaz and others striking the teen several times in the head and neck area and torso. Diaz's use of force lasted about 20 seconds, the Attorney General's Office said.

Other officers said they used force during the arrest, but their actions were not visible on video.

Each of the teenagers, two 15-year-olds and a 16-year-old, were charged with two counts of felony assault with a deadly weapon and conspiracy. The driver was also charged with reckless driving and eluding police. The teen who authorities said struggled with police was also charged with resisting arrest.

The investigation

The Attorney General's Office had two separate use-of-force experts review the actions of the officers involved. One of the experts found that the officers acted reasonably based upon the circumstances they were facing. A second expert found that some initial strikes were excessive and unreasonable, but could not render a conclusive opinion as to all the strikes delivered.

The jury used the witness experts to help determine their ruling regarding Diaz, as well as witness testimony and body camera footage.

To determine if an officer's use of force is reasonable, the jury is not allowed to look at intent. The Supreme Court says the factors that determine if force is reasonable are the severity of the crime, whether the suspect poses an immediate threat to officers or the public and if the suspect is resisting arrest.

In this case, one aspect of the case the jury took into account was the suspect's fanny pack. Officers are trained that fanny packs are often used to conceal weapons.

"The grand jury is a critical part of our criminal justice system," Neronha said in a statement. "The grand jurors in this matter worked hard to carefully sort through all the testimony and evidence that was presented to them — including body-worn camera footage, use-of-force expert testimony, witness accounts, and reports from both the Providence Police Department and Rhode Island State Police. The legal and factual issues involved in this case were complex and not easy ones for the grand jurors to grapple with. As with all members of the public who give their time to perform this important criminal justice function, I am grateful to them for their service."