Officer Involved In Deloatch Shooting Found To Be In Violation of Police Equipment Policies, Has Resigned

The New Brunswick Police Department has announced that it has finished its internal affairs investigation of the actions of the two officers involved in a fatal shooting of a city resident close to one year ago.

According to a press release issued from the department on Wednesday - one month shy of the one-year anniversary of the death of Barry Deloatch - an internal affairs investigation has determined that officer Daniel Mazan did not violate any rules or regulations in his handling of the pursuit of Deloatch, a New Brunswick man who fled from Mazan and officer Brad Berdel on Sept.22, 2011 and was fatally shot.

Berdel, the officer who fired the fatal shot that hit Deloatch in his left side, was found to be in violation of three policies governing the equipment that he was expected to be carrying at the time of the shooting, and was recommended to be disciplined by the department internal affairs unit.

"The three violations in question pertain to Officer Berdel’s failure to carry and maintain the Oleoresin Capiscum (O.C.) spray issued as required on-duty equipment," the release said.

On Sept. 22, 2011, Deloatch was fatally shot by Berdel following a pursuit by the two officers that ended in a Throop Avenue alley.

Mazan and Deloatch were reportedly struggling on the ground as the 46-year-old man tried to escape the officers, and was believed to have been with a large stick when Berdel fired the shot.

Deloatch was found to be unarmed at the time.

Cpt. J.T. Miller of the New Brunswick Police Department said that the recommended discipline for Berdel relating to the violations was not publicly available.

According to the release, Berdel has resigned from the police department, and had filed for a disability pension with the state.

Berdel and Mazan were both immediately placed on administrative leave with pay following the shooting, and had remained so until currently, Miller said.

Mazan will be returning to his beat on the patrol division, according to the release.

"Following the May 2012 Grand Jury decision, the New Brunswick Police Department’s Internal Affairs Unit examined the actions of Officers Brad Berdel and Daniel Mazan in relation to the policies and procedures set forth by the New Brunswick Police Department, and how they apply to the shooting incident," the release said. "In accordance with Middlesex County Prosecutor’s Office directives, this investigation was reviewed by the Prosecutor’s Office and they concurred with the police department’s findings."

Deloatch's death sparked a loud response from parts of the New Brunswick community, calling for the officers involved to be disciplined and more oversight at the police department.

The case went to a grand jury, which for the officers.