Police Officer Rafael Lora, who is facing manslaughter charges for allegedly fatally shooting unarmed man in 2007, waived his right to a jury on Monday.
Fermin Arzu's family and friends were at Bronx Supreme Court Monday -- in their words -- to see justice served.
They say the absence of the 41-year-old father of six has been difficult, even as the second anniversary of his death approaches.
"My life has been hard without my dad. He always has been there for me. I miss him and everything. I hope that justice can be made for him so he can rest in peace," said Katherine Arzu, Fermin's daughter.
On the first day of his trial, police officer Rafael Lora waived his right to a jury. A Bronx grand jury indicted him in late 2007 on first degree manslaughter for shooting Arzu.
Arzu family attorneys expressed some concern over the prospect of a trial by judge.
"It means the citizens of this county won't decide this case. A judge will decide this case," said Michael Hardy, Arzu Family Attorney.
"We look for the judge, after the evidence is in, to do justice," said Sanford Rubenstein, Arzu Family Attorney.
The judge also heard from two witnesses who responded to the scene the night in May 2007 when Arzu died. The investigation showed Arzu had been driving with a blood alcohol level higher than the legal limit.
Driving on the wrong side of the road in Longwood, he crashed into a parked car, a crash that Lora -- who was off duty at the time -- heard from his home.
With his gun and his shield, Lora came out to investigate but soon got into a fight with Arzu.
There were five shots, one hit Arzu in his back.
An officer testified she spoke to Lora soon after the incident, saying he seemed shocked and traumatized. Lora's lawyer has said his client fired shots to protect himself from being dragged underneath Arzu's car.
There is still some dispute whether the shots rang out before or after the car started to move.
"Obviously the case is a tragedy because there's a life lost but Officer Lora committed no misconduct," said Stuart London, Defense Attorney.
The witnesses testified as part of a hearing Monday to determine which statements made to the grand jury will be allowed in the trial.
Although prosecutors did call their first witnesses on Monday, opening arguments aren't scheduled to begin until Wednesday.
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http://www.nydailynews.com/news/ny_crime/2009/02/23/2009-02-23_bronx_cop_waives_jury_trial_in_shooting_.html
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