By Matt Bean
Court TV
NEW YORK A man whose backyard overlooks the street where a Brooklyn cop killed four with his minivan last August testified Tuesday in the cop's manslaughter trial that the officer "seemed like he was drunk."
"I kind of grabbed him and told him 'Look at what you did, look at what you did,'" testified Freddie Roman, 53, who ran from his home after hearing the accident to find the officer, Joseph Gray, standing in shock.
"He said, 'Come on, man, we all have a few beers once and a while.'" Roman said. "I told him 'You're crazy.'"
Gray, who faces up to 15 years in prison for killing Maria Herrera, 23, her son Andy Herrera, 4, her sister, Dilcia Pena, 16, and a son that was delivered by emergency caesarian section to Herrera the night of accident, sat stonefaced and locked his gaze on his lawyers papers as Roman described the accident scene.
Herrera had just returned from a shopping trip with her family when Gray met them at the intersection of 46th street and Third Avenue, police say. Their bodies were flung into the air and came to rest on the pavement.
| 'Come on, man, we all have a few beers once and a while' ex-Officer Joseph Gray allegedly said. |
Roman, a large man who stands 6 feet, 2 inches, told the court that he was walking his dog when he first heard the crash. "It sounded like two cars had collided," he said. "I didn't hear any screeching of tires."
Gray, admits spending the day drinking with fellow officers in the parking lot at the 72nd Precinct in Brooklyn and later at a strip club called the "Wild, Wild West," claims the crash was an unavoidable accident.
Prosecutors contend that Gray had been drinking and was speeding on that night, Aug. 4, 2001, when he barreled through a red light and struck the family as they crossed in a crosswalk.
Police officer Jack Conway, a two-year veteran of the force, testified Tuesday that he spent part of the day drinking with Gray after both finished working the graveyard midnight to 8 a.m. shift.
The binge began shortly after 8 a.m., Conway said, in the officer parking lot near the 72nd precinct. There, Conway, Gray, and about eight other officers sat drinking beers from a cooler in the parking lot, celebrating the impending engagement of a sergeant with the force.
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| Police investigators examine the accident scene. |
After noon, the group splintered, and about five officers including Conway and Gray moved to the Wild Wild West strip club, which offers a free lunch. Conway testified that he didn't notice Gray drinking at the strip club, but when Conway left, Gray stayed behind with another officer.
Conway, who was one of 17 officers disciplined after Gray's collision made the daylong binge public, received a 32-day suspension and is now with 76th precinct, also in Brooklyn.
Captain Bryan White, the duty captain in charge of Brooklyn on the night of the accident, also took the stand Tuesday to testify about a conversation he had with Gray moments after the crash.
White, a high school classmate and acquaintance of Gray's for 25 years and now the executive officer of the 69th Precinct in Brooklyn, met with the officer in a squad car 30 minutes after the accident. "I said 'Joe, it's you.'"
"He said 'Bryan, I'm glad it's you. At least I know I'll get a fair shake. I had [green lights] all the way. I was drinking but it was earlier. I didn't see them coming.'"
White testified that Gray was sucking on Altoids, a breath mint, throughout their conversation.
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| A funeral for the victims. |
White said that he eventually asked Sergeant Michael Siciliano, of the 72nd Precinct, the first officer on the scene, to arrest Gray. Siliciano also testified Tuesday telling the court how he brought Gray to the 78th Precinct for a Breathalyzer exam, which he refused to take.
He said he then brought Gray to the nearby Long Island College Hospital for blood tests, four hours after the accident at about 1 a.m., after a warrant had been issued.
Gray's blood alcohol content at that time was .16, more than the legal limit of .10 in New York.
After court Tuesday family members of the victims said they have no doubt Gray was drinking right up to before the accident.
"It's disgusting," said Ramona Hernandez, Maria Herrera's aunt. "He was drunk. He didn't know the difference between red [light] or green [light]."
Another officer who drank with Gray the day of the collision is expected to take the stand on Wednesday.
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