NJ Police Officer Indicted After Man Dies From Pepper Spray Arrest: AG

TRENTON, NJ - A criminal charge has been filed against a Trenton police officer regarding his use of pepper spray during the 2020 arrest of Joseph Ahr Sr., who died weeks after the police encounter, state officials said.

Trenton Police Officer Nicholas Piotrowski was indicted on one count of official misconduct following a Tuesday grand jury vote, the New Jersey Office of the Attorney General announced Wednesday. The grand jury didn’t return charges directly related to the death of the 64-year-old Trenton resident, who was hospitalized for 18 days after he was struck and pepper-sprayed during an arrest on July 6, 2020 in the city.

If convicted, Officer Piotrowski could face up to 10 years in prison, state officials said.

“Police officers are required to be measured in their use of force in every encounter, even under challenging conditions,” New Jersey Attorney General Matthew J. Platkin said in a statement. “In New Jersey, we take this obligation seriously and my office thoroughly and independently investigates and presents to a grand jury every death that occurs during an encounter with law enforcement. This officer resorted to using pepper spray during a confrontation with a civilian in a manner that was unnecessary and contrary to his training, mishandling a situation that could have concluded so much differently.”

The incident was investigated by the New Jersey Office of Public Integrity and Accountability (OPIA) and presented to the grand jury after witness interviews, forensic evidence collection, video footage review and autopsy results from the medical examiner, the state attorney general’s office said. Per a 2019 law, the state attorney general’s office is required to investigate deaths during an encounter with a law enforcement officer acting in the officer’s official capacity or while the decedent is in custody. All investigations must also be presented to a grand jury to determine if an indictment is warranted.

According to investigators, Trenton police officers responded to Ahr’s home in the 700 block of Monmouth Street around 5:30 p.m. on July 6, 2020 following a call to police from Ahr’s son. While Trenton officers initially spoke to the son - who answered the front door - Joseph Ahr Sr. engaged in a verbal spat with the officers.

Though officers attempted to detain the senior Ahr, he pulled away, prompting officers to take Ahr to the ground, restrain and handcuff him, the state office said. During the arrest, Piotrowski struck Ahr and used pepper spray “at close range directly in his face on multiple occasions,” the attorney general’s office said.

“I can’t breathe,” Ahr is heard telling officers in video footage released by the attorney general’s office.

At no time during the encounter did Ahr “strike, attempt to strike, or intend to strike” any of the officers, a lawsuit filed by Ahr’s family reads. Related: Family Of Mercer Co. Man Who Died Days After Arrest Sues Police, City

After sitting up, Ahr also complained about other medical issues, though specifics haven’t been released by the state office. EMS personnel responded to the scene, treated Ahr with oxygen and transported him to Capital Health Regional Medical Center in Trenton, where he died weeks later on July 24, 2020.

The medical examiner later found that the manner of death was homicide, with the cause of death listed as “acute respiratory failure following the use of pepper spray during arrest of an individual with chronic pulmonary disease and COVID-19,” the attorney general’s office said, adding that a finding of “homicide” by the medical examiner indicates that another person or persons contributed to the death and does not establish criminal liability.

“Under the law and the Attorney General’s Use of Force Policy, officers are permitted to use only force which is reasonable and necessary,” Thomas J. Eicher, Executive Director of OPIA said in a statement. “The grand jury found that Officer Piotrowski should be indicted for official misconduct because his force did not meet that basic standard.”