A state grand jury has voted not to file criminal charges against any Essex County correctional police officers after its deliberations regarding the death in custody of Daniel Gelin, 27, of Elizabeth, New Jersey.
Gelin, who was born in Carice, Haiti, moved to the United States of America in 2007 for a better life. He died on December 3, 2021, from injuries he received in an altercation with another inmate at the Essex County Correctional Facility in Newark.
Gelin’s death was investigated by the Office of Public Integrity and Accountability (OPIA) and presented to New Jersey residents serving on the grand jury, under the Independent Prosecutor Directive of 2019.
The investigation included witness interviews, photographs, video footage, and autopsy results from the medical examiner.
This evidence, including video of the incident, was presented to a state grand jury. After hearing the testimony and evidence, the grand jury concluded its deliberations on August 4, 2025, and voted “no bill,” determining that no criminal charges should be filed against any Essex County correctional police officer involved in this incident.
According to the investigation, a physical altercation occurred between Gelin and another inmate in the Essex County Correctional Facility on December 2, 2021, at approximately 8:26 p.m.
During the incident, the other inmate appeared to have a weapon and made stabbing motions at Gelin. Essex County correctional police officers approached and intervened.
Custody and medical staff placed Gelin on a stretcher and escorted him to the medical unit of the facility.
After evaluating and treating Gelin, the medical staff determined that he did not require medical treatment at an outside facility.
Gelin was then cleared to return to the jail population. Essex County correctional police officers escorted Gelin to a housing unit where he was placed in a cell with another inmate.
During the overnight hours, neither correctional staff nor Gelin’s cellmate reported a medical emergency.
The following morning at approximately 7:10 a.m., Gelin prepared for a shower.
Shortly thereafter, he conveyed to officers that he no longer wanted to shower, was having difficulty walking, and wanted to return to the medical unit. A corrections officer advised him to speak with the nurse when she arrived to perform her morning medication rounds shortly after breakfast.
At approximately 7:34 a.m., while performing breakfast duties, corrections officers found Gelin on the cell floor and called for a sergeant, who responded to conduct a wellness check. A code was called, indicating a medical emergency was occurring, and medical staff arrived thereafter.
At about 8:04 a.m., medical staff called 911 to report a possible cardiac arrest. An ambulance responded and transported Gelin to the hospital, where he was pronounced deceased at 9:03 a.m.
In March of 2022, the Essex County Prosecutor’s Office obtained a grand jury indictment of Ashton Barthelus, the inmate who had allegedly stabbed Gelin during the fight on charges of murder (1st degree), possession of a weapon for an unlawful purpose (3rd degree), and possession of a weapon (4th degree).
The matter is pending trial. These charges and allegations are merely accusations, and the defendant is presumed innocent unless and until proven guilty in a court of law.
Barthelus pleaded guilty on July 8, 2022, to aggravated manslaughter, a first-degree crime, in connection with a fatal 2020 shooting in Union County, in exchange for a 22-year sentence.
Around 3:30 p.m. Oct. 26, 2020, Linden police responded to the 1600 block of East St. Georges Avenue, where they found Andy Rozelien with multiple gunshot wounds, who was transported to Trinitas Regional Medical Center in Elizabeth and pronounced dead.
At the time of the December 2021 killing of Dan Milford Gelin, 27, of Elizabeth, Barthelus was reported as a Carteret resident, but the information released when he was sentenced for killing Rozelien said Linden was his home city.
A 2019 law requires the Attorney General’s Office to conduct investigations of a person’s death that occurs during an encounter with a law enforcement officer acting in the officer’s official capacity or while the decedent is in custody.
It requires that all such investigations be presented to a grand jury to determine if the evidence supports the return of an indictment against the officer or officers involved. The grand jury is instructed on the elements of the potential criminal offenses, including criminal homicide offenses, that could be brought.
A conflicts check was conducted pursuant to the Independent Prosecutor Directive and no actual or potential conflict of interest was found involving any individual assigned to the investigation. Prior to presentation to the grand jury, the investigation was reviewed by OPIA Executive Director Drew Skinner in accordance with the policies and procedures established for these presentations in the SOPs.
After these investigations, according to the Independent Prosecutor Directive and SOPs, OPIA determines whether any principal should be referred to the appropriate law enforcement agency for administrative review following the AG’s Internal Affairs Policy & Procedures.
OPIA monitors any resulting review and takes such actions as are necessary to ensure that the review is completed in a timely fashion and that appropriate actions are taken based on the results of the review.