In the January 1, 2021 shooting involving Newark police that killed a man from South Orange, the grand jury decided not to bring charges.
NOVARK — After it investigated the death of Carl Dorsey III, 39, of South Orange, New Jersey, who was shot and killed by a Newark police detective shortly after midnight on January 1, 2021, a state grand jury decided not to bring any criminal charges.
By the Independent Prosecutor Directive of 2019, the Office of Public Integrity and Accountability (OPIA) of the Attorney General looked into Dorsey’s death. It provided information to New Jersey residents serving on the grand jury.
To guarantee that these grand jury presentations are performed in a fair, impartial way, with adequate transparency regarding the process, following the order, OPIA produced standard operating procedures (SOPs) in July 2021.
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The inquiry included witness interviews, gathering forensic evidence, video analysis, and the medical examiner’s postmortem findings. The grand jury concluded that no criminal charges should be brought against Detective Rod Simpkins of the Newark Police Department.
The officer who shot his service weapon, on Tuesday, January 24, 2023, after hearing the testimony and supporting documentation.
According to the inquiry, the incident occurred in Newark, New Jersey, just after midnight on South 11th Street close to Woodland Avenue. On New Year’s Eve, a squad of twelve (12) plainclothes detectives from the Criminal Intelligence Unit of the Newark Police Department responded to South 11th Street from Avon Avenue in different unmarked police vehicles after hearing gunshots.
Detective Simpkins was the rear-seat passenger of the lead police vehicle when they turned onto South 11th Street. The detectives said that some saw muzzle flashes and people firing and brandishing weapons as they drew closer in their cars.
As soon as he stopped his car, Detective Simpkins got out and drew his service weapon. According to Detective Simpkins, he was preparing to engage two gun-toting people who were standing to the north of him.
A person, later identified as Carl Dorsey, assaulted Detective Simpkins physically from the side, causing him to fall to the ground. Det. Simpkins’ service weapon fired once as he was tumbling to the ground, striking Mr. Dorsey, who was unarmed.
At the time of the incident, none of the detectives had body-worn cameras. But according to home security footage, Mr. Dorsey ran from the west side of the roadway to the east side and slammed into Detective Simpkins just as Simpkins got out of his car.
Until EMS personnel arrived, detectives provided Mr. Dorsey with medical care. After being taken to University Hospital, Mr. Dorsey was pronounced dead at 1:37 in the morning.
A person who police observed brandishing a gun shortly after Mr. Dorsey was shot was captured after leaving the weapon at the site on South 11th Street.
That person was charged with illegal firearms pointing in the fourth degree and entered a guilty plea. The gun found next to the arrested person had a shell casing that was also collected from the scene.
An inquiry of a person’s death during contact with a law enforcement officer operating in the course of their official duties or while the decedent is in custody must be carried out by the Attorney General’s Office per P.L. 2019, c. 1.
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A grand jury must review the results of all such investigations to decide whether there is sufficient evidence to recommend indicting the involved officer or officers.
According to the Independent Prosecutor Directive, a conflicts check was done, and no one assigned to the inquiry had any actual or prospective conflicts of interest.
OPIA Executive Director Thomas Eicher evaluated the investigation before presenting it to the grand jury per the guidelines and practices outlined for similar presentations in the SOPs.
After these investigations are complete, OPIA decides whether any principals need to be reported to the relevant law enforcement agency for administrative review in line with the AG’s Internal Affairs Policy & Procedures, in compliance with the Independent Prosecutor Directive and SOPs.
OPIA oversees any ensuing review and takes the necessary steps to ensure that it is finished on schedule and that the right decisions are made in light of the review’s findings.
