Police say Franklin man had a gun and fired first.
NEW BRUNSWICK -- An investigation into the fatal shooting of a Franklin Township man in April revealed that he fired at officers first and his death from return fire was justified, according to a report released Monday by the Middlesex County Prosecutor's Office.
Law enforcement authorities determined that Diahlo Grant, 27, was killed on April 9 when he encountered two uniformed Franklin Township police officers at Somerset and Home streets and exchanged gunfire at 1:30 a.m., the report said. Grant fired one shot at the officers and was killed when one of the officers fired six shots at him, the report said.
Grant's family has said they didn't believe he had a gun and staged a protest march with Black Lives Matter in downtown New Brunswick on July 21 that attracted more than 200 marchers. They've also threatened a $5 million wrongful death lawsuit.
Camille O'Sullivan, Grant's sister, wasn't immediately available for comment.
According to a report, two Franklin Township police officers recognized Grant at approximately 1:30 a.m. on Home Street. They knew he was a suspect in a shooting in Franklin Township on February 15, 2016, in which a male victim was shot and survived his injuries, the report said.
As officers approached Grant, he fled on foot, and a pursuit that ended up on the border of Franklin Township New Brunswick, the report said. While fleeing from the officers, Grant went into a creek, and the officers lost sight of him as they pursued him in their vehicle, the report said.
Family waits for answers in fatal shooting
Upon arriving in the area of Somerset Street in New Brunswick, officers observed a motion sensor light activate, heard the rattle of a chain link fence near a private residence, and approached the home, the report said.
Officers then observed Grant trying to gain entry into a door at that residence, the report said. When officers gave him verbal commands to get on the ground, Grant turned toward them, holding a black revolver, the report said.
Grant fired one shot at the officers, resulting in one officer returning fire, discharging his weapon six times, the report said. Grant was struck multiple times. Officers immediately administered CPR until Grant was taken to the hospital, where he succumbed to his injuries, the report said.
A black revolver with a brown grip was recovered next to Grant's body and the weapon was subsequently identified as the same one involved in the shooting of a man on Feb. 15, 2016, the report said.
During the investigation, several photographs of Grant were recovered from his cellular phone, including multiple photographs where he brandishes a handgun, which appeared to be the same one recovered that the scene on April 9, 2016, the report said.
The training records of the officer who discharged his weapon were reviewed and showed he had received and successfully completed all annual mandatory firearms and Use of Force training prior to the shooting. The officer has been cleared of any wrongdoing, the report said.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.