Fired New Haven Cop, Van Driver In Randy Cox Case, Is Back On The Job

NEW HAVEN, CT —Earlier this month, New Haven's mayor and police chief said in a joint statement they were "incredibly disappointed and strongly disagree" with a state board ruling that overturned the city and department's decision to fire an officer involved in the Randy Cox case and the city filed an appeal.

"We lost," New Haven Police Department Chief Karl Jacobson said at a news briefing Wednesday. "(Diaz) is back in the police department, but still has to do numerous tests and police trainings." The chief said Diaz has been off the beat for 2 and 1/2 years. Jacobson noted that prior to the Cox incident, Diaz was an "exemplary officer, so we'll do everything to support him."

Diaz was a Motor Unit officer for the department.

Cox, who was arrested while attending a Juneteenth block party in 2022, was paralyzed following a ride in a police van where he was violently thrown about and had his neck broken. Officer Oscar Diaz was the driver. The van did not have seatbelts and that was not Diaz' fault, a state board ruled.

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Read the full story from Patch here.

The New Haven police union brought the case to the labor board not long after Diaz' June 2023 firing, claiming he was ousted without cause. Hearings were held in October, November, and December 2023 with the Arbitration and Mediation panel's decision made Jan. 19, 2024.

On Friday, Jan. 19, the State Board of Mediation and Arbitration ruled two-to-one to overturn the recommendation of Jacobson and the five-to-zero vote by the New Haven Board of Police Commissioners in June 2023 to terminate Diaz for violating police general orders.

"Overwhelmingly, our police officers hold themselves to the highest standards of professionalism and put their lives on the line every day to protect and serve our residents and keep our community safe. However, when an officer deviates from these high standards like what occurred with Mr. Cox, there must be accountability and a clear message that those actions will not tolerated by the New Haven Police Department."

The statement from Elicker and Jacobson went on to say both were "incredibly disappointed and strongly disagree with the ruling."

"We strongly believe the decision to terminate Officer Diaz was the right one, and the city will challenge the ruling by submitting a motion to vacate to the Connecticut Superior Court," they said.

At the time, Elicker and Jacobson noted in the statement issued Jan. 21 that Diaz "will not be reinstated to his position, given the motion to vacate along with ongoing proceedings regarding his decertification and pending criminal charges."

But Diaz is back on the job.

Elicker said Wednesday that while the city "stands by" the firing, "It is what it is. We have to abide by the decision."

The mayor added that he spoke to Cox's sister who said, "Randy is doing well, but at the same time, the family is frustrated."

The highest police misconduct settlement in U.S. history

Cox was arrested for a variety of charges while at a 2021 Juneteenth block party. It was Diaz' job to drive him to the jail.

That journey paralyzed Cox. And, it was in part what led the city to fire Diaz and four other cops and ended up costing New Haven $45 million in a settled lawsuit, called the highest police misconduct settlement in U.S. history.

En route, Diaz, a longtime officer, stopped short driving, while 11 miles per hour over the posted 25 MPH speed limit, to avoid a red-light-running car. It was then that an unsecured Cox went flying into the metal walls of the van head-first. Cox screamed out that he thought his neck was broken. Diaz stopped, and told Cox an ambulance would meet them, radioed it in and continued on to the Union Avenue jail.

Once there, Diaz told supervisor Sgt. Betsy Sequi that Cox may have broken his neck and should not be moved until medical care arrived, but Sequi and others cops at the jail contended Cox was drunk and noncompliant. So Diaz joined in with other officers, who began to manhandle and recklessly move the paralyzed man.

But, the Labor arbitration panel noted in its award that it was not Diaz' fault there were no seatbelts in the van, that he'd radioed in the man was hurt, and that he'd shown "respect" for Cox when he loosened his handcuffs.

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The five New Haven cops were charged with second-degree reckless endangerment and cruelty to persons after Connecticut State Police completed its investigation in November 2022. The State’s Attorney brought charges against Diaz, then 54, Sgt. Betsy Segui, 40, officer Jocelyn Lavandier, 35, and officer Luis Rivera, 40 and officer Ronald Pressley, 56.

They were fired by the Police Commission after Jacobson's recommendation following an internal affairs investigation.

Pressley retired during the internal affairs investigation, and Jacobson said he would have faced the same fate but "would not see me for discipline." He did receive his pension, Jacobson said.

"If we'd treated him with dignity," Jacobson said of Richard "Randy" Cox, "We might not be here today. This community has gone through a lot, this department has gone through a lot. We will be transparent. We will be accountable. We will hold officers accountable."

Cox sued the officers and the city for $100 million. The city settled for $45 million.

Read more about the Richard "Randy" Cox case from Patch here >>

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