Fired Cox Cop Van Driver Wins Arbitration

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Ofc. Diaz, Sgt. Betsy Segui, and Ofc. Ronald Pressley lifting Cox into wheelchair on June 19, 2022.

(Updated with union comment) State arbitrators have overturned the firing of the police officer who transported Richard Randy” Cox on a fateful ride that ended up paralyzing Cox and costing New Haven $45 million.

The Connecticut State Board of Mediation and Arbitration voted 2 – 1 to overturn the June 28 firing of the officer, Oscar Diaz, for his role in the Cox case. It ruled instead that Diaz should receive a 15-day unpaid suspension and collect back pay for the rest of the time missed.

The board publicly released the decision on Friday. (Read it here.)

The city responded by saying it will file a motion in state Superior Court to vacate the ruling rather than reinstate Diaz at this point.

Diaz drove Cox to the 1 Union Ave. detention center on June 19, 2022, after police arrested Cox on a weapons charge.

Diaz slammed on the brakes at an intersection that day to avoid a collision while driving above the speed limit. Cox’s head slammed a wall in the back of the van, which had no seat belts. Cox informed Diaz he’d been hurt. Diaz radioed in the report but instead of waiting for an ambulance crew to arrive took Cox to 1 Union Ave.; a supervisor there accused Cox of lying, demanded he stand up, then pulled him out of the van, placed him in a wheelchair, and dragged him across the floor into a cell. Cox ended up partially paralyzed. The case sparked national outrage.

The city subsequently agreed to a record $45 million settlement of a civil court case brought by Cox. The police arrested five officers involved on misdemeanor charges of cruelty and reckless endangerment. And the Board of Police Commissioners fired four of the five officers.

Including Diaz. (The fifth officer retired before the firings.)

The police union grieved Diaz’s firing. The grievance went to the labor mediation board, which issued its finding Friday.

Diaz did not commit all of the violations with which he was charged, including the most serious ones charged,” the decision states. It also notes that Diaz had not had previous discipline problems over his 15-year career.

Yes, Cox should have received immediate medical treatment at the scene, the arbitration panel’s statement noted. And Diaz did misuse” his phone by texting and taking a photograph of the arrest ticket while driving and maintaining a few nude photographs” on it.

But the city never proved that Diaz’s actions were what caused Cox’s severe injuries, the panel ruled.

The report pins major responsibility on others: A supervisor (Sgt. Steven Spofford) who should have heard Diaz’s report over the police radio about Cox needing immediate medical treatment.” The detention center supervisor (Sgt. Betsy Segui) who decided Cox was drunk and lying and oversaw his mistreatment.

Diaz was also fired on the basis of having committed a criminal act. But the criminal case against him is still pending, so that hasn’t been proved at this point, the arbitration panel concluded. Diaz has pleaded not guilty in the case.

It’s not Diaz’s fault that the van had no seat belts or that he had trouble discern[ing] what Mr. Cox was saying in the back of the van,” the report states.

Further, the report credits Diaz for treat[ing] Mr. Cox with respect” by adjusting his handcuffs to be more comfortable; and telling Segui, If he really fell, I would not even move him. I would not even move him until the ambulance gets here, just in case.”

True, Diaz did participate in Cox’s mishandling at the detention center by putting his hand” on him at one point, the report states. But that just as easily be seen as an effort to prevent injury to Mr. Cox,” the panel concluded.

Panel Chair Linda Yelmini and Labor Arbitrator Donald Sevas voted for the reinstatement. The panel’s management arbitrator, Richard A. Podurgiel, dissented.

Reached Sunday, Officer Diaz declined to comment on the decision. Police union President Florencio Cotto did not return a message seeking comment.

This is the second time in two months that the arbitration panel has voted to overturn a police firing. On Nov. 22, the panel voted to reinstate Sgt. Shayna Kendall to the force in a separate incident.

The police department has another avenue to end the careers of the officers involved: pursuing their state decertification. That process is currently underway.

Mayor Justin Elicker and Police Chief Karl Jacobson were quoted in a joint statement Sunday saying they are incredibly disappointed” in the ruling and strongly disagree with it.

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,” the pair was quoted stating.

We are prepared to fight back and welcome Officer Diaz back to the New Haven Police Department,” New Haven Police Union President Florencio Cotto stated in a comment emailed Monday to the Independent. He said the union is very pleased” with the arbitration panel’s decision.

Key moments of the police arrest, transport, and detention of Richard Cox.

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