No charges for officers seen punching, spitting at teen suspects

A grand jury has declined to charge Providence Police Officer Domingo Diaz with simple assault over an incident captured on video last July where he was seen punching and spitting at a teenage suspect, Attorney General Peter Neronha’s office announced Wednesday.

A second officer who was under criminal investigation for repeatedly striking a teen, Mitchel Voyer, also will not be charged, according to the attorney general.

The incident occurred as officers were making an arrest following an hours-long police chase through the city on July 9, where three teens were accused of pointing BB guns at police and bystanders. At the time, Public Safety Commissioner Steven Paré and Mayor Jorge Elorza both called the force used by the officers “appalling,” and the two officers were suspended.

Body camera footage of the incident was released the following month, showing Diaz clearly spitting in the direction of one of the teenage suspects, and repeatedly punching him until a sergeant physically removed him. (The teens were arrested, but not identified because they are underage.)

Voyer, who was wearing one of the body cameras in the video that was released, is seen striking the teen on his right shoulder multiple times.

Following a nine-month investigation, Neronha declined to charge Voyer or bring the case against him before the grand jury. In announcing the decision Wednesday, Neronha’s office also released a trove of more than 1,000 documents including witness statements, 911 transcripts, police reports and findings by use-of-force experts hired to review the case.

The attorney general’s office could have charged either individual without going a grand jury. But Neronha said he decided to present the evidence against Diaz to the jurors because it was a close call.

“If I know that conduct is plainly criminal or not, then I don’t feel like I need to go there,” Neronha told Target 12 in an interview Wednesday. “But if it’s a close case, I think it’s the right thing to do.”

Specifically, he noted that two separate use-of-force experts hired by his office to review the case came to opposite conclusions about whether the force used was justified.

“So now you’re in a situation where you have one expert who says the use of force is appropriate, the other doesn’t,” Neronha said. “Under that circumstance, this is no longer anything other than a close case.”

One expert, Middletown Lt. David Bissonette, determined both officers were justified in their use of force, though he slammed Diaz’s behavior as “reckless” and “dangerous.”

“Although the actions of Officer Diaz are not criminal, I found them to be inexcusable,” Bissonnette wrote in his report to prosecutors. “The incident was done and the suspects were in custody. Officer Diaz had plenty of time to remove himself from the situation … Instead, Officer Diaz makes the choice to return to where [the teen] is handcuffed and seated on the ground and spit at him.”

“Not only was this unprofessional, it was extremely dangerous,” Bissonette wrote, noting Diaz could have “antagonized an already angry mob” at the scene.

“Officer Diaz put the safety and well being of every officer at the scene at risk,” Bissonette wrote.

He ultimately determined the punches thrown by both officers were permitted by the Providence Police use-of-force policy.

“Often times a use-of-force incident is disturbing to watch and serious injury and sometimes death can result,” Bissonnette wrote. “Unfortunately, the use of physical force is sometimes required in this profession and it is usually the result of the officers reacting to the suspect’s aggressions.”

The other expert, Seth Stoughton, found that at least some of the strikes by Diaz and Voyer were “excessive, unreasonable and inconsistent with generally accepted police practices.”

Stoughton is a national expert who testified in the case against Derek Chauvin, the police officer convicted of murdering George Floyd in Minneapolis.

Paré said Wednesday Diaz is currently on military leave, while Voyer was returned to active duty “several months ago” following the initial review of the case.

While no criminal charges have been filed, the two officers could face administrative discipline. Paré said that part of the internal affairs investigation is still ongoing.
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