BUFFALO, N.Y. — A New York State trooper is on trial for manslaughter in connection with the death of a man following a high-speed chase more than two years ago, took the stand in his defense Tuesday.
After four days of testimony, prosecutors from the New York State Attorney General's Office rested its case against Trooper Anthony Nigro, who faces up to 25 years in prison if convicted following the non-jury trial.
The 16-year state police veteran was asked about his actions during a high-speed chase that started in the Town of Brant, ran along the I-90 and I-190, and ended in downtown Buffalo with a deadly altercation between Trooper Nigro and the driver that was captured on body camera video.
Nigro testified Tuesday that when he spotted the suspect vehicle stopped near the intersection of East Eagle Street and Washington Street he saw his chance to "end the chaos."
He testified that he reached into the vehicle to try and unlock the door, which didn't work, so then he tried to pull the driver, later identified as James Huber of Pennsylvania out of the car but that didn't work either.
Then through tears, the Trooper said when the car began accelerating backward: "I felt like I was going to get sucked underneath the vehicle, this man was going to kill me."
Nigro then testified he made the conscious decision to fire two shots and "terminate the threat."
The prosecution has noted that Huber never hurt anyone during the high-speed car chase, nor did he show a weapon at any time. They've also noted that Trooper Nigro's attempt to stop the driver happened after the chase had been terminated.
Fellow Troopers testified that the termination of a chase doesn't preclude a member of state police from continuing to patrol an area for a suspect.
Trooper Andrew Lipuma testified on Day one of the trial that Huber repeatedly swerved in between cars, split traffic at speeds consistently over 100 mph, and at one point hit Trooper Nigro's state police cruiser when he attempted to get into the left lane.
State Police Investigator Sherron Jones has also testified that Huber missed him by an estimated 7 feet when he swerved to avoid a tire deflating device that Jones was deploying.
Trooper Nigro Tuesday said: "He was using the vehicle in a way that could cause serious harm or death, his vehicle was the weapon. My intent was to apprehend him and take him into custody."
Prosecutors have called Nigro's actions unnecessary and fueled by anger and frustration, not fear.
After being shot Huber's car traveled backward into a guardrail and flipped into a degraded parking ramp at One M&T Plaza.
When asked by his defense attorney why he did not render aid to Huber after he had shot him, Trooper Nigro testified he immediately went to the vehicle, looked through the front windshield, but saw the driver lifeless in the front seat.
The trial is on the calendar for 10 days but it's possible it could end sooner. The defense has the right to call additional witnesses.
This case is a non-jury trial, meaning Judge James Bargnesi judge will be the only one to rule whether Nigro is guilty of manslaughter or not.