NEW YORK CITY POLICE OFFICER CONVICTED OF MANSLAUGHTER IN OFF DUTY SHOOTING DEATH OF HONDURAN IMMIGRANT
Bronx District Attorney Robert T. Johnson announced today that New York City Police Officer Raphael Lora has been convicted of manslaughter in the shooting death of an unarmed civilian.
Lora was found guilty on one count of Manslaughter in the 2nd degree in the death of Fermin Arzu, 41, in May 2007. Lora was convicted by State Supreme Court Justice Margaret Clancy following a non-jury trial.
Justice Clancy found that Lora “recklessly caused the death” of Arzu when he shot and killed the victim, who was driving near the intersection of Longwood Avenue and Hewitt Place shortly before midnight on May 18, 2007. The defendant was acquitted of the more serious charge of Manslaughter in the 1st degree which alleged that he had acted with “intent to cause serious physical injury” to the victim and thereby caused his death.
Justice Clancy set sentencing for Thursday, May 14, 2009 in State Supreme Court, Part T6. Although Lora is facing a maximum term of up to 15 years imprisonment, by law the sentencing range available to the judge at her Honor’s discretion includes probation.
District Attorney Johnson said: “This is a tragedy that cannot be undone regardless of the verdict or sentence however we will continue to seek some measure of justice for the bereaved family of Fermin Arzu. Our recommendation to the judge on an appropriate punishment will be subject to one final review of the facts in this case, the background of the defendant, and the impact of Mr. Arzu’s death on his family.”
After the verdict was announced, the People asked that Lora’s bail be raised to $250,000 pending sentencing; however the judge continued bail at $50,000 in the form of a personal recognizance bond.
Lora was indicted by a grand jury in December 2007 following an exhaustive six-month investigation into the facts and circumstances that led to the fatal shooting. The process involved interviews with numerous witnesses, the examination and analysis of physical evidence, and the assessment of that information in the context of the applicable statutes. The evidence included Officer Lora’s own testimony before the grand jury that the victim, when asked to produce identification, never removed anything of a threatening nature from the glove compartment of his vehicle, and never pointed a weapon at Lora.
The case is being prosecuted by Senior Investigative Assistant District Attorney Larry Hartstein and Supervising Assistant District Attorney James Goward of the Investigations Division.
|