Trooper acquitted of murder of unarmed man he shot after high-speed chase

An upstate New York police officer was acquitted Wednesday of manslaughter in the killing of an unarmed man in downtown Buffalo after a high-speed chase.

The soldier, Anthony Nigro IV, was found not guilty of first- and second-degree manslaughter charges by Erie County Court Judge James Bargnesi after a trial.

New York Attorney General Letitia James charged Trooper Nigro last June in the fatal shooting of the man, James Huber, 38, of North East, Pa., in February 2022. Trooper Nigro, 40, of Eden, N.Y. , had faced up to 25 years in prison if convicted.

Charles W. Murphy, president of the New York State Troopers Police Benevolent Association, said in a statement that the union was pleased with the ruling.

“We commend the judge for his decision because it is clear that the charge did not apply to this case,” Mr. Murphy said, adding: “Trooper Nigro’s actions were consistent with his training and the law , and he was justified in his use of the power.”

Andrew Quinn, an attorney for Trooper Nigro, declined further comment.

A spokeswoman for Ms. James said in a statement that the office “remains committed to conducting thorough and transparent investigations into each case, following the facts and pursuing justice.”

“We extend our sincere condolences to Mr. Huber’s loved ones,” the spokeswoman added.

Nicole Frye, Mr. Huber’s sister, said in a brief telephone interview that the trial had been difficult and the verdict was difficult to accept.

“My brother didn’t deserve to die that way,” Ms. Frye said, adding of Trooper Nigro, “I just hope he knows he can do better.”

The events leading up to the fatal shooting began when troopers pursued Mr. Huber after seeing him driving too fast and erratically on Interstate 90 near Buffalo, Ms. James said last year in announcing the charges. State police said Mr. Huber was driving more than 100 miles per hour. This is reported by the Buffalo News.

Troopers abandoned the pursuit when Mr. Huber left the highway, Ms. James said. A short time later, she said, Mr. Huber stopped his car at an intersection in downtown Buffalo, and Trooper Nigro, then a veteran of the state police, also stopped.

At that moment, if shown in footage captured by Trooper Nigro’s body-worn camera and released by Ms. James’ office, the officer exited his vehicle and approached Mr. Huber’s.

The subsequent interaction lasted only about 10 seconds, the footage shows. Trooper Nigro walked up to Mr. Huber’s car, his right arm extended and his gun pointed at Mr. Huber. He ordered Mr. Huber to get out of the car.

Mr. Huber mumbled in response and didn’t move. The conversation between them continued until Mr. Huber turned and reached for the center console of the car.

The officer reached into the car, grabbed the hood of Mr. Huber’s sweatshirt with one hand and held his gun to the back of Mr. Huber’s head with the other. He again ordered Mr Huber out of the car before shooting twice and then appearing to fall.

Mr. Huber’s car appeared to be reversing, and a few seconds later the sound of the car crashing can be heard. He was pronounced dead at the scene.

An assistant attorney general who prosecuted the case said during his closing argument that Trooper Nigro’s actions were not reasonable and that he did not have to shoot Mr. Huber.

But Trooper Nigro testified that he feared for his life when he fired his weapon, The Associated Press reported.

“I felt like I was going to be sucked under the vehicle; this man was going to kill me,” he said.

The Attorney General’s Office of Special Investigation prosecuted Trooper Nigro under a 2015 executive order that gives him the authority to investigate any incident in which a police officer may have caused the death of a civilian.

The case against Trooper Nigro was the second brought by the office against a state trooper in recent years as a result of a highway death.

Trooper Christopher Baldner is awaiting trial on manslaughter and other charges in connection with the December 2020 death of an 11-year-old Brooklyn girl. He is accused of ramming her family’s minivan during a high-speed chase near Kingston, N.Y. which caused it to crash.

Trooper Baldner was originally charged with second-degree murder. A judge later dismissed the murder charge, and Ms. James’ office appealed to reinstate the killing.