Cops’ use of deadly force against Diahlo Grant ‘justified,’ prosecutor says

FRANKLIN TOWNSHIP — Prosecutors have deemed justified two officers' use of deadly force against 27-year-old Dihalo Grant, who authorities say first fired a black revolver at the police.

On April 9, Grant was shot multiple times by two Franklin Township Police officers who chased him from Somerset County to Middlesex County. According to the Middlesex County Prosecutor's Office, the officers first encountered Grant on Home Street in Franklin Township. They recognized him as a suspect in a Feb. 15 shooting, and knew that he had outstanding warrants, the prosecutor's office said.

When police approached Grant, he fled on foot, leading police on a chase that ended on the border of Franklin and New Brunswick. At one point, the prosecutor's office says, the officers lost sight of Grant when he went into a creek near a home. Police saw a motion sensor light activate and saw Grant attempting to get into the house, at which time they ordered him to stop and get on the ground, the prosecutor's office said.

Police say Grant then fired one shot at the officers with a black revolver. One officer then returned fire, discharging his weapon six times, the prosecutor's office said. Grant was struck multiple times. The officers attempted CPR on Grant, who was transported to a hospital where he died of his injuries, the prosecutor's office said.

The black revolver he fired at the officers was recovered near his body, prosecutors said.

An investigation confirmed that one bullet was missing and the weapon had been fired. Detectives later discovered a hole in the wall of a nearby house, behind the area where the officer who discharged his gun was standing, the prosecutor's office said.

The prosecutor's office also said Grant's cell phone was recovered and included multiple pictures of him brandishing what appeared to be the same gun used in the incident.

"A review of all the evidence, including the statements of independent witnesses, corroborates the facts provided by the officers involved," the prosecutor's office said in a statement.

The investigation was handled by the Middlesex County Prosecutor's Office once it was discovered that the actual shooting took place in New Brunswick.

Authorities say the officer who discharged his weapon had completed all of the mandatory training regarding use of force.

"The investigation concerning the use of deadly force in this matter determined that the level of force utilized was justifiable," the prosecutor's office said in a statement. "Specifically, Diahlo Grant, who had outstanding warrants for his arrest, was armed with a handgun and fired the handgun at the officer. Based on these facts, the Officer had a reasonable belief that in the absence of such level of force, he and other officers present at the scene were in jeopardy of incurring serious bodily injury or death."

Prior to the conclusion of the investigation, Grant's family filed a tort notice, indicating that it was considering a $5 million lawsuit against the town as a result of the fatal shooting.

The tort notice, filed July 6 in Somerset County Superior Court, said that if the family decided to lodge a wrongful death lawsuit against the town, it would seek damages for lost futures wages, pain and suffering, punitive damages, and loss of companionship and parenting, NJ Advance Media reported.

Friends and family had previously said they doubt Grant would run or fire at police, and that they don't believe he carried a gun. Civil rights activist the Rev. DeForest "Buster" Soaries Jr., senior pastor of First Baptist Church of Lincoln Gardens in Somerset, had reportedly been in touch with authorities about the case.

A video below was also posted to Youtube under the name "Melanated Media Solutions," asking for "Justice for Diahlo Grant" and asking "How long will the police continue to gun down our men and women?"

Toniann Antonelli is a social content producer for NJ 101.5. She can be reached at toniann.antonelli@townsquaremedia.com, or on Twitter @ToniRadio1015.

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