The Connecticut State Board of Mediation and Arbitration ruled Friday that the police officer fired after driving the van in which Randy Cox was paralyzed should be reinstated.
In a two-to-one vote, the board voted that the city of New Haven did not have just cause to fire Oscar Diaz. They determined that most of the alleged rule violations were not backed up by sufficient evidence that Diaz acted inappropriately.
Diaz was driving a police van transporting Cox, under arrest, to a police station in June 2022. When another driver ran a stop sign, Diaz slammed on the brakes to avoid a collision. Cox fell to the ground and shouted for help; Diaz did not immediately respond. Cox was later diagnosed with a broken neck, and he remains paralyzed from the neck down.
Over a year later, the New Haven Police Board of Commissioners voted unanimously to terminate Diaz, citing his failure to properly care for Cox while in custody, his violation of traffic laws, and the discovery of nude photographs on his government-issued cell phone.
The Board of Mediation and Arbitration only covers labor disputes and does not have the final say in Diaz’s reinstatement. New Haven Mayor Justin Elicker said in a statement Monday that due to a pending request to strip Diaz of his police certification and criminal charges of reckless endangerment and cruelty, Diaz will not be reinstated at this time. In addition to this, the city also plans to appeal the Board’s decision.
“When an officer deviates from these high standards like what occurred with Mr. Cox, there must be accountability and a clear message" that such actions will not be tolerated by the New Haven Police Department, the statement read.
While the board acknowledged that Diaz had been traveling at 11 miles per hour over the speed limit and was using his cell phone while driving, they ruled that there was no evidence presented to prove that, had Diaz not been speeding, Cox’s injuries would have been avoided.
Cox was in a transport van without seatbelts; the city has since stopped using these vans. They also determined that Diaz’s failure to immediately respond to Cox’s cries for help was due to factors outside Diaz’s control.
“It was clear from the audio and video that Officer Diaz could not really hear what Mr. Cox was saying,” their ruling said. “Officer Diaz treated Mr. Cox with respect.”
The ruling pointed to Diaz’s decision to call an ambulance and footage that showed Diaz discouraging other officers from moving Cox and assisting Cox even when he was no longer in Diaz’s custody.
The board determined that a 15-day unpaid suspension was the appropriate response given the lack of evidence that tied Diaz’s actions to Cox’s injuries, and ordered that the city should reimburse him for back pay after an “appropriate reduction for outside earnings.”
Three other officers were terminated after the Cox incident, and their cases with the board are still pending. Another officer who was involved in the incident retired before action was taken against the other four officers.
