Trooper charged with killing an unarmed man after a high-speed chase
A state agent was charged Monday by the New York Attorney General’s office with killing an unarmed man in downtown Buffalo by shooting him after a high-speed chase on the freeway.
The trooper, Anthony Nigro IV, a 15-year veteran of the state police, was charged with first and second degree manslaughter in the death of James Huber, 38, on Feb. 12, 2022, the Attorney General, Letitia James, said in a press release.
Trooper Nigro, 39, pleaded not guilty during an arraignment in the Erie County Supreme Court, Ms. James said. Judge M. William Boller, denying prosecutors’ request to set bail at $250,000, released Trooper Nigro under his own authority. He faces up to 25 years in prison if convicted of first-degree manslaughter, Ms James said.
Charles W. Murphy, the president of the Police Benevolent Association of the New York State Troopers, said that Trooper Nigro should not have faced criminal charges and was “justified in his use of force” and that Mr. Huber’s had “dangerous actions” threatened the safety of innocent motorists on the Thruway and in the city of Buffalo.”
Andrew Quinn, a lawyer for Trooper Nigro, declined to comment further.
Mr Huber’s sister, Nicole Frye, said in a brief telephone interview that she and other members of his family were still processing the news that Trooper Nigro had been charged. She challenged the idea that the shooting was justified in any way.
“We are happy that someone is being held responsible for my brother’s death and hope that justice will be done,” said Ms. Frye.
A state police spokeswoman said the agency had cooperated with the attorney general’s office during the investigation and would continue to do so.
The events leading up to the fatal shooting began with New York State troopers chasing Mr. Huber after seeing him speeding and erratically on Interstate 90 near Buffalo, Ms. James said. State police said at the time that Mr. Huber was driving more than 100 miles per hour, That reports Buffalo News.
Troopers gave up the chase when Mr. Huber exited the highway, Ms. James said. A short time later, she said, Mr. Huber stopped his car at the intersection of Washington and East Eagle Streets in Buffalo and Trooper Nigro also stopped.
At that time, if shown in footage captured by Trooper Nigro’s body camera and released by the Attorney General’s office as part of its investigation, the trooper got out of his vehicle and approached the brown sedan in which Mr. Huber, of North East, Pennsylvania, was driving.
The interaction that followed only lasted about 10 seconds. (Other footage released by Mrs. James’ office shows the inside of Trooper Nigro’s car with him at the wheel during the chase.)
The body camera footage shows trooper Nigro walking towards Mr. Huber’s car, his right arm outstretched, pointing his gun at Mr. Huber. He orders Mr. Huber to get out of the car, using a vulgarity for emphasis. Mr. Huber responds by muttering something and doesn’t move.
“Out! Out!” Trooper Nigro continues, his gun still aimed at Mr. Huber.
“Go away,” Mr. Huber says.
“Out!” the trooper repeats.
“No,” says Mr. Huber. He turns away from trooper Nigro and reaches for the car’s center console with his right hand. “No.”
Continuing to insist that Mr. Huber “get out”, the trooper reaches into the car, grabs the hood of Mr. Huber’s sweatshirt with one hand, and holds his gun to the back of Mr. Huber’s head with the other hand.
“Get the -,” he says again before shooting twice and then appearing to fall. Mr. Huber’s car appears to back up and a few seconds later a loud noise is heard – the sound of the car crashing and landing on its side.
Mr. Huber was pronounced dead at the scene. He was unarmed, Mrs. James said.
The Attorney General’s Office of Special Investigation is prosecuting the case under a 2015 executive order that gives it the authority to investigate any incident where a police officer may have caused the death of a civilian.
The case announced Monday against Trooper Nigro makes him the second member of the state police to face criminal charges in recent years as a result of a death from a highway chase.
Trooper Christopher Baldner awaits trial on manslaughter and other charges in the December 2020 death of an 11-year-old Brooklyn girl. He is accused of ramging her family’s minivan during a high-speed chase near Kingston, NY, causing it to crash.
Trooper Baldner was originally charged with second-degree murder. A judge rejected the murder count in February, and Ms. James’ office has appealed to have it reinstated.