BUFFALO, N.Y. — A judge found a New York State trooper accused of manslaughter not guilty in the shooting death of a Pennsylvania man after a high-speed chase in February 2022. 

State Trooper Anthony Nigro had a clear expression of relief on his face moments after Erie County Court Judge James Bargnesi gave his decision in the non-jury trial.

What You Need To Know

  • A judge acquitted New York State Trooper Anthony Nigro of manslaughter  

  • Nigro shot James Huber after a high-speed pursuit in February 2022

  • The trooper testified he thought he was going to die as he tried to apprehend Huber in downtown Buffalo

Nigro was accused of two counts of manslaughter after he shot and killed James Huber following a pursuit at speeds of more than 100 mph went from the Thruway into downtown Buffalo streets.

Nigro hugged several of his family members and friends after the not guilty verdict.

It came following four days of testimony from a civilian witness, New York State police troopers and instructors, and an expert witness on generally-accepted police practices and procedures.

About 45 minutes after closing statements from the prosecution and defense, the judge gave his decision.  

The New York State Attorney General's Office alleged Nigro did not have to shoot Huber, and a series of tactical errors and policy violations led to the confrontation and ultimately the shooting. They also argued that Nigro's life was not in danger and he acted recklessly. They said he should've used his radio to call for backup and wait for help before trying to make the arrest.

The defense argued Nigro was doing what he had to do to save his own life and protect others in the community when he ran up to Huber's vehicle and tried to pull him out and arrest him after the pursuit was called off once it left I-190 and entered downtown Buffalo city streets.

Nigro testified that Huber was using his vehicle as a weapon that day and he needed to take immediate action.

While Nigro was trying to apprehend him, Huber put his car in reverse. Through tears on the witness stand, Nigro said he thought he was going to die being dragged by Huber's car in the moment before firing two shots — one killing Huber instantly. 

Nigro was thrown some 30 feet back, and Huber's vehicle hit a parking ramp and came to a stop after flipping on its side.

After the verdict, Nigro declined to comment but his attorney said this case never should have gone to trial. 

"Anthony Nigro acted appropriately. He acted as we expect New York State troopers to act. He acted heroically. He saved his own life and he prevented danger to the community," defense attorney John D'Alessando said. "It's been hell. He lost the last year and a half of his life. Hopefully he can put it all back together."

In a statement, Charles Murphy, president of the state troopers union, applauded the verdict:

"The New York State Troopers Police Benevolent Association (NYSTPBA) is pleased that an Erie County Court judge has found Trooper Anthony Nigro IV not guilty of the criminal charges brought against him. We commend the judge for his decision, as it is clear the charges were not applicable to this case. Furthermore, we thank the judge for his careful consideration of the facts and his recognition that Trooper Nigro’s actions were in accordance with his training and the law, and he was justified in his use of force. This is also a victory for law enforcement professionals, who are facing increasingly violent suspects and are forced to make split-second, life-and-death decisions to protect themselves and the public."

Prosecutors declined to comment, but a spokesperson for the New York State Attorney General office wrote:

"The Office of Special Investigation remains committed to conducting thorough and transparent investigations of every case, following the facts, and pursuing justice. We offer our sincerest condolences to Mr. Huber's loved ones."

The sister of James Huber was too distraught to speak with reporters after the trial, leaving the courthouse in tears. 

Nigro's attorney expects the trooper will be reinstated from suspension after this verdict.