A panel of state arbitrators investigating the paralysis of Richard "Randy" Cox is recommending that the New Haven police officer driving the van at the time of the incident be reinstated.
In their decision, the panel said the police union "did not have just cause" when it terminated Officer Diaz.
In a recollection of events that happened that day, the panel said that Cox sustained injuries at 8:36 p.m. He yelled that he was hurt and that he had broken his neck, but "there was no means of communication between the van and the area where prisoners were held in the van."
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The panel goes on to say that Diaz pulled over a few minutes later and opened the van door to see Cox lying on the floor in pain. Diaz then immediately called an ambulance, who said they'd meet Cox and the officer at the detention center.
Diaz and two other officers "believed Cox was an intoxicated person," and he was eventually dragged out of the van, despite telling officer he could not move, the panel states.
Following the internal affairs investigation, New Haven Police Chief Karl Jacobson recommended that Diaz be terminated. Then, the Board of Police Commissioners voted to fire him effective June 28, 2023.
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In their report, state arbitrators said, "Officer Diaz could have left the detention center once he turned over custody of Mr. Cox. Instead, Office Diaz twice assisted other officers with Mr. Cox."
They go on to say that "while Officer Diaz should not have 'put his hands on' Mr. Cox once he had turned over custody to the detention center personnel, it could be viewed as an effort to prevent injury."
State arbitrators said it was very difficult for Diaz to discern what Cox was saying because there is no communication mechanism between the cab and the back of the van.
"It was clear from the audio and video that Officer Diaz could not really hear what Mr. Cox was saying," the panel said.
In their decision, the panel said Diaz "did not commit all of the violations with which he was charged." They go on to say that the city did have just cause to suspend and subsequently fire Diaz.
The panel ruled that Diaz should be reinstated with full back pay following the 15-day unpaid suspension, less appropriate reduction for outside earnings.
In a statement released over the weekend, Mayor Justin Elicker and Jacobson released a statement saying they strongly disagrees with the ruling:
“We are incredibly disappointed and strongly disagree with the ruling by the Connecticut State Board of Mediation and Arbitration to overturn the decision by the Board of Police Commissioners to terminate Officer Diaz for his actions related to the incident involving Randy Cox and for his violations of the General Orders of the New Haven Police Department. 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.
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.
At this time, Officer Diaz will not be reinstated to his position, given the motion to vacate along with ongoing proceedings regarding his decertification and pending criminal charges.”
The mayor announced that the city plans to challenge the ruling.
Cox's attorney was not available to comment on Tuesday.
Diaz's attorney released a statement to NBC Connecticut on Tuesday.
"Obviously, Officer Diaz and I are very pleased with the panel’s decision. It analyzed the facts and both parties had every opportunity to present the evidence thought necessary. We are not surprised that the City is disappointed. However, with an unblemished 15 year career combined with the conclusion that the City did not meet its burden of proof, termination was not appropriate. Officer Diaz wishes Mr. Cox a continued recovery from his serious injuries," the statement says.
