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"The BCPO has determined that it is not necessary to present this matter to the Grand Jury because there are no material facts in dispute," Bergen County Prosecutor Gurbir S. Grewal said.
The entire investigation was conducted in accordance with the July 28, 2015 Attorney General Supplemental Law Enforcement Directive Regarding Uniform Statewide Procedures and Best Practices for Conducting Police Use of Force Investigations ("Attorney General’s Directive" or the "Directive").
Pursuant to the Directive, the Attorney General’s Office independently reviewed and concurred with the BCPO’s determination that there are no material facts in dispute and that the use of deadly force by "Officers 1 and 2" in this case was legally justified.
As such, the Attorney General’s Office concurred with the BCPO that it is not necessary to present this matter to a Grand Jury.
In June 2016, Cesar Rosario, 31, conspired with Ismael Miranda to hold up two people in the early morning hours of June 24, Grewal said.
The victims pulled up in a 2004 Honda Odyssey to meet with both men in the area of Summer and Cedar streets when Miranda pulled out a handgun and demanded cash and drugs, Grewal said.
As the vehicle sped off, Miranda fired but missed, he said.
Two plainclothes Paterson police officers on patrol in the area heard the commotion, went to investigate and ordered Miranda to drop the gun when they saw him, the prosecutor said.
"When Miranda did not comply, both officers fired their weapons, striking Miranda," who "was subsequently pronounced dead at the scene," Grewal said.
A .380 caliber handgun was recovered next to him, the prosecutor said.
Members of Grewal's Major Crimes Unit tracked down the vehicle after he posted a surveillance photo of it and arrested Rosario at his home on Tuesday, the prosecutor said.
Rosario was being held on $250,000 bail in the Passaic County Jail after being arraigned on armed robbery and conspiracy charges.
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