BUFFALO, N.Y. — The trial is underway for the New York State trooper accused of shooting and killing a man after a high-speed chase that led from the Thruway into downtown Buffalo.

Trooper Anthony Nigro IV, a 16-year veteran, is facing two manslaughter charges in connection with the death of James Huber of Pennsylvania in February 2022.

State prosecutors said in their opening arguments that Nigro did not have to shoot Huber, essentially giving him the death penalty for failure to comply with police during and after the chase — one that saw Huber allegedly speeding well over 100 mph on I-90 and I-190 before exiting onto city streets.

They say Nigro did not follow proper procedures when he continued to follow Huber into downtown Buffalo after a superior called off the pursuit. 

They also say Nigro should have radioed for backup and pulled up behind Huber’s car instead of in front of it when he found it stopped. They say when he ran to Huber’s vehicle to demand he get out and tried to extract him from the vehicle, Nigro’s life was not in danger as Huber allegedly put the car in reverse with Nigro initially latched onto it.

The defense says Nigro is a decorated trooper who was doing exactly what he should have done and was justified in continuing his search patrol for the suspect and using deadly force to protect his life and that of the surrounding community.

The court heard from an eyewitness to the chase on I-190, who then was encountered by Huber while the witness was going to his apartment in downtown Buffalo. The witness testified that Huber pulled up in front of him and said “Merry Christmas, I love you” multiple times. Then he saw the confrontation that led to Huber’s death, saying Nigro was thrown from the vehicle back into the witness’s car.

Video from Nigro’s body-worn camera and security footage of the events from the Thruway and into downtown were also shown in court. 

Two other troopers involved in the chase also testified about the pursuit and subsequent events. They said it was normal practice to continue patrolling after the pursuit was called off.

Attorney John Elmore, himself a former state trooper and state prosecutor, — not involved in this case — believes Nigro will be acquitted.

“A police officer in the state of New York has the right to use deadly physical force when he believes that it’s necessary to save the life of himself or another person,” Elmore said after reviewing the case. “What was his state of mind? I think he’s going to take the stand and I think he’s going to say, ‘I pulled the trigger because I thought it was necessary to save pedestrians’ lives and other civilians’ lives.’”

Nigro faces up to 25 years in prison if convicted on both manslaughter charges. This is a non-jury trial, so Judge James Barngesi will decide the case.