BUFFALO, N.Y. — A New York State Trooper is facing charges in connection with a police-involved shooting last year in Buffalo.
The shooting resulted in the death of James Huber, 38, after an incident in downtown Buffalo. A trooper also suffered minor injuries.
The Trooper, Anthony Nigro, IV, is charged with Manslaughter in the First Degree and Second Degree. He was arraigned in Erie County Supreme Court Monday. Nigro pleaded not guilty. He was released on his own recognizance.
According to New York State Police, on February 12, 2022 troopers were contacted about an erratic driver on the New York State Thruway (I-90). State police say the vehicle was spotted traveling at an excess of 100 mph in the Town of Brant.
During a pursuit that followed, the alleged driver, Huber, struck a New York State Police vehicle. That driver allegedly continued to drive erratically and exited onto the I-190 heading northbound into the City of Buffalo.
State Police said Huber then exited into downtown Buffalo and the chase was called off.
While troopers were patrolling, they located Huber, who had pulled over and was talking to bystanders, while parked on East Eagle Street, near Washington Street.
Body cam footage was released a month after the incident by the New York State Attorney General's Office which investigated the shooting.
The New York State Troopers Police Benevolent Association (NYSTPBA) President Charles W. Murphy issued this statement after the indictment was unsealed.
The New York State Troopers Police Benevolent Association supports Trooper Anthony Nigro and we do not believe that he should have been criminally charged. We respect the legal process and are prepared for the next steps. We believe that, at the conclusion of this matter, Trooper Nigro will be exonerated of any misconduct and the charges against him will be dismissed. Our understanding and review of the facts, in this case, confirm that, while the outcome was tragic, Trooper Nigro’s actions were in accordance with his training and the law, and that he was justified in his use of force. As this case makes its way through the legal system, we look forward to a review and public release of the facts, including the dangerous actions of the driver that threatened the safety of innocent motorists on the Thruway and in the city of Buffalo, which justified Trooper Nigro’s actions.
We will continue to support Trooper Nigro, who has proudly served as a New York State Trooper for nearly 16 years and has been bestowed the “Troop T Trooper of the Year” and “Troop T Zone 4 Trooper of the Year” awards, as well as numerous letters of commendation. Trooper Nigro has also bravely and selflessly served in the U.S. Marine Corps Reserves for 22 years, including active-duty combat deployments to Iraq and Afghanistan. In his service with the Marine Corps, Trooper Nigro has been awarded 14 service medals and ribbons – including a combat action ribbon – as well as multiple certificates and letters of appreciation. His service to the New York State Police and the U.S. Marine Corps has been exemplary.
"A police officer can use deadly physical force when he believes that deadly physical force is necessary to defend himself, or a third person, from the use of deadly physical force, or from a serious physical injury," explained attorney John Elmore when reached for analysis on Monday.
Attorney John Elmore, who is a former State Trooper, says a jury will now determine what was on Nigro's mind that day.
"If the State Trooper had a reasonable belief that deadly physical force was necessary for his own safety, and for the safety of the public, then he was justified," said John Elmore.
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