Officer Nicholas Piotrowski was indicted for one count of official misconduct but was not indicted on charges directly related to Joseph Ahr Senior's death.
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"This officer resorted to using pepper spray during a confrontation with a civilian in a manner that was unnecessary and contrary to his training, mishandling a situation that could have concluded so much differently," said New Jersey Attorney General Matt Platkin.
Body camera footage released by the New Jersey Attorney General's Office from July 6, 2020, shows a conversation on the front porch between Trenton police officers and Ahr, 64, the man who lived there in the 700 block of Monmouth Street.
Trenton police say they received a call from Joseph Ahr's son.
A civil lawsuit says the 911 call made by Ahr's son was about an altercation with the mother of his child.
Ahr can be seen speaking with officers on his porch for about 10 minutes.
A struggle began when Ahr appeared to try to go back inside his home.
"Get your hands off me!" Ahr says in the video.
Police tried to handcuff Ahr, forcing him to the ground.
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Officer Nicholas Piotrowski used pepper spray in Ahr's face at close range.
After he was in cuffs and sitting up, according to the lawsuit, Ahr explained to police that he only has one working lung, and was struggling to breathe.
In the body-worn camera video, a woman is heard saying, "Are you ok? Breathe, Dad."
After this incident, authorities say Ahr was taken to Capital Health Regional Medical Center. He died 18 days later.
The medical examiner concluded that the manner of death was homicide, with the cause of death listed as "acute respiratory failure following the use of pepper spray during arrest of an individual with chronic pulmonary disease and COVID-19."
Last year, a wrongful death lawsuit was filed against all the officers at the scene and the city of Trenton.
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This week, the attorney general announced Piotrowski has been indicted by a grand jury for official misconduct.
Robin Lord, attorney for the Ahr family, said in a statement: "On behalf of the family of Joseph Ahr, we are extremely frustrated that it took two years to come to this. While we were disappointed that there was only one officer indicted. We're hopeful that this will be the beginning of some semblance of justice for the family."
An attorney representing Piotrowski says he plans to fight the charge.
"Officer Piotrowski was acting in the scope of his authority. And he was acting lawfully. I think that the grand jury either misconstrued or was given improper evidence," said Stuart Alterman.
Piotrowski could face up to 10 years in prison if convicted.
His attorney says Piotrowski is still employed by the Trenton Police Department, but with this indictment, he has been suspended.
Action News reached out to the Trenton Police Department and the mayor's office on Thursday but did not receive a response.