State Grand Jury Declines to Criminally Charge Officers in Connection with a September 20, 2023 Civilian Death in Paterson Following Police Encounter

TRENTON — A state grand jury has voted not to file any criminal charges against Totowa police officers at the conclusion of its deliberations regarding the death of a Paterson man during an encounter with officers on September 20, 2023. The decedent was previously identified as David Lucero, 28, of Paterson, New Jersey.

Mr. Lucero’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, which was issued following the enactment of a state law requiring the Office of the Attorney General to investigate deaths that occur during an encounter with law enforcement. OPIA issued standard operating procedures (SOPs) in July 2021 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 a review of body-worn camera video, surveillance video footage, police radio transmissions, medical records, 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 finished its deliberations on November 3, 2025, and voted “no bill,” concluding no criminal charges should be filed against Totowa Police Officer Damiano DiIorio.

According to the investigation, Patrolman DiIorio was in a marked patrol vehicle following a motorized scooter, operated by Mr. Lucero, who had a single male passenger aboard. Other Totowa police vehicles then began following Officer DiIorio’s vehicle. The route of travel began in Totowa on Union Boulevard, then continued to Totowa Road, and ultimately went into Paterson on McBride Avenue. There, in the area of McBride and Murray Avenues, at approximately 7:19 p.m., the motorized scooter collided with a civilian vehicle. During the collision, Mr. Lucero and his passenger were ejected from the moped. The two men were transported to St. Joseph’s University Medical Center in Paterson, where Mr. Lucero was pronounced deceased at approximately 2:06 a.m. on September 21, 2023. The other civilians involved in the collision sustained non-life-threatening injuries.

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