Cop Found Guilty Of Manslaughter In Off-Duty Shooting

2009_03_lorar.jpg Police officer Rafael Lora faces up to 15 years in prison after a judge found him guilty of second-degree manslaughter for a 2007 shooting. Lora was off-duty when he confronted a driver who crashed his minivan into other cars on a Bronx Street. Believing that Fermin Arzu was reaching for a gun—and claiming that Arzu hit him and that he was being dragged by the vehicle— Lora shot Arzu, who later died. The cop had opted for a bench trial, instead of a jury trial; his lawyer had said he "acted professionally and was justified on the night in question."

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Wow, surprising, since it was basically a "he said, dead-guy said" situation. I wonder how the prosecution managed to beat his self-defense scenario.

There were witnesses, saying things like this:

"But two witnesses told The Post the van was moving slowly when Lora started firing.

"The guy just opened fire, and then he just started running after the car," said a witness who asked not to be identified."

He claimed that he was trapped halfway in the van, being dragged, and had to fire to save his life. Prosecution, backed by witnesses, said he was standing outside the van when he fired.

There were also inconsistencies in his story. In his grand jury testimony he said that he was first pinned by the door and "Somehow, I broke loose and I fired the weapon."

OK thanks. The Times coverage is strangely heavy on the defense's arguments, which just begs the question of how he was convicted.

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