Jury Decides NJ Cop’s Fate After Fatal Moped Collision

PASSAIC COUNTY, NJ — A Totowa police officer was brought before a grand jury that determined whether he should be held criminally responsible for a 2023 collision that killed one man and put another in the hospital, the NJ Attorney General's office said.

After deliberations, the jury found that Officer Damiano DiIorio should not be criminally charged in the death of 28-year-old Paterson man David Lucero.

The incident that prompted the deliberations happened on Sept. 20, 2023, when DiIorio attempted to pull over Lucero, who was riding a moped with a passenger without a helmet in Totowa.

According to police radio, Lucero was “weaving in and out of traffic” and exceeding the speed limit.

When Lucero did not stop, a chase ensued, and several police officers joined the pursuit. The chase eventually made its way into Paterson.

Surveillance footage shows Lucero driving fast and ignoring stop signs.

It was around 7:15 p.m. near McBride and Murray avenues when Lucero smashed into a civilian’s car, throwing both him and his passenger from the scooter. Footage shows one of the riders being thrown several feet into the air.

Both of the scooter riders were rushed to the hospital, and Lucero was pronounced dead overnight.

An investigation into Lucero’s death was conducted by the Office of Public Integrity and Accountability (OPIA). Evidence collected during the course of the investigation, including body-cam and surveillance video, police radio transmissions, medical records, and autopsy results, was presented to a grand jury.

Third-party surveillance footage and the police radio transmissions can be viewed here. (Editor’s note: The footage and transmissions contain content that some readers may find upsetting.)

It was Monday when the jury decided that DiIorio was cleared of any criminal charges.