BUFFALO, N.Y. — “Go be a trooper."
Those were the words of New York State Trooper Anthony Nigro’s former supervisor on the witness stand Friday as he explained he trusted Nigro to handle the situation after a chase that led from the Thruway onto Buffalo city streets a little more than two years ago.
Nigro is facing two counts of manslaughter in the death of Pennsylvania man, James Huber. Nigro is accused of shooting and killing Huber while trying to remove him from his vehicle after a pursuit with speeds allegedly well over 100 mph. Huber’s vehicle allegedly went in reverse as Nigro tried to pull him out, throwing the trooper away from the car as he allegedly shot Huber.
Nigro’s former sergeant in the state police, David Schwing, said Nigro is a decorated, veteran law enforcement officer and one of his “go-to troopers" to deal with difficult situations. Schwing spoke to the trooper on the phone in the moments before Nigro spotted Huber’s vehicle on city streets after the pursuit was terminated. Nigro then continued to follow Huber.
Schwing was the one who ordered an end to the pursuit once it reached the city, but he said that doesn’t mean troopers stop looking for the suspect. Instead, they should continue the investigation and patrol in a safe manner.
State prosecutors allege Nigro did not follow proper procedures that day, along with failing to communicate his location or asking for backup before trying to arrest Huber.
Nigro’s defense argues that he did what troopers normally would do and was expected of him, and he was justified in using deadly force when he felt his life was in danger as Huber's car allegedly went into reverse.
The court also heard from two other troopers involved in the incident, as well as another state police sergeant working that day.
A state police forensics investigator and a crash reconstruction investigator also testified about their findings.
Huber's autopsy photos, along with photos of the reconstruction, accident scene and data recovered from Huber's vehicle, were also presented as evidence.
Nigro faces up to 25 years in prison if convicted. This a non-jury trial, so Erie County Court Judge James Bargnesi will decide the case. The trial continues on Monday.