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.
Footage from police body-worn cameras and third-party cameras was previously released and is available here:
https://njoag.box.com/s/kyqx7tkjifnq9nom5bcfr4xse9q8fqrx
A 2019 law, N.J.S.A. 52:17B-107(a)(2), requires the Attorney General’s Office to conduct investigations of a person’s death that occurs during an encounter with a law enforcement officer acting in the officer’s official capacity or while the decedent is in custody. It requires that all such investigations be presented to a grand jury to determine if the evidence supports the return of an indictment against the officer or officers involved. The grand jury is instructed on the elements of the potential criminal offenses, including criminal homicide offenses, that could be brought and, as required by statutes, the grand jury is instructed on self-defense and other forms of legal justification.
A conflicts check was conducted pursuant to the Independent Prosecutor Directive and no actual or potential conflict of interest was found involving any individual assigned to the investigation. Prior to presentation to the grand jury, the investigation was reviewed by the OPIA Executive Director in accordance with the policies and procedures established for these presentations in the SOPs.
At the conclusion of these investigations, pursuant to the Independent Prosecutor Directive and SOPs, OPIA determines whether any principal should be referred to the appropriate law enforcement agency for administrative review in accordance with the AG’s Internal Affairs Policy & Procedures. OPIA monitors any resulting review and takes such actions as are necessary to ensure that the review is completed in a timely fashion, and that appropriate actions are taken based on the results of the review.
Further information about how fatal police encounters are investigated in New Jersey under the Independent Prosecutor Directive can be found here:
www.nj.gov/oag/dcj/agguide/directives/ag-Directive-2019-4.pdf
Note: Members of the press can email the Communications Office to obtain a link to download video recordings of the encounter.
