New York Breaking News

BRONX (CBS) ― A New York City police officer said he shot a drunk driver to save his own life, but a judge didn't buy it.

On Friday, the judge found officer Rafael Lora guilty, and he now faces hard time behind bars.

The extended family of victim Fermin Arzu and community activists in the Bronx said they were happy and relieved that Judge Margaret Clancy found the off-duty police officer Raphael Lora guilty of manslaughter in the second degree.

"I'm happy that he was convicted, and I thank my family and God for being there for me and helping me," daughter Katherine Arzu said.

It was almost two years ago that the off-duty officer ran out of his home in Longwood after the minivan Arzu was driving crashed into a car on the street. Officer Lora chased the minivan.

The officer testified that he thought Arzu was reaching for a weapon, when the van lurched forward and knocked the officer to the ground. Lora testified that he opened fire, killing Arzu, in a desperate effort to save his own life.

"This verdict is devastatingly wrong," PBA President Patrick Lynch says. "This sends a message to every New York City police officer.

"When they hang their uniform in that locker, it sends a message of 'walk on by'," Lynch says. "It sends a message that if you see something going wrong, someone is in need, walk on by."

Lora's lawyer says the police officer is loved in his community because he was always looking out to protect his neighbors.

"There was no forensic evidence indicating his actions were reckless at all," Stuart London, Lora's attorney, says. "We are obviously disappointed by the verdict."

Lora took the stand last month and claimed he called 9-1-1 the night he killed Arzu. Arzu was drunk when he crashed his van outside Lora's home. The off-duty cop grabbed his gun and ran to the vehicle. Lora said Arzu was incoherent, then suddenly Arzu threw something in Lora's face and started driving away.

Lora said his arm was stuck in the door. "My main intention was to extract myself from the car and that's when I fired my weapon," he said.

There were five shots. One hit Arzu in the back, killing him. 

Steve London, a Patrolmen's Benevolent Association attorney who represents Lora, said his client "acted professionally and was justified on the night in question."

But the Arzu family said the cop's story didn't hang together. There was nothing in the EMT report to support Lora's claim that his tooth was chipped when Arzu threw something at his face. Lora has also told different accounts of when he fired his weapon, saying he fired in order to break free of the moving van versus another version where he said he broke free first and then fired.

"Frankly rather than acting like a heroic officer to render aid, he acted with a chicken heart," said Arzu family attorney Michael Hardy.

Arzu had a son, Jeyson, and a fiancee, Thomasa Sabia, whom he had planned to marry in October 2007.

Lora is an eight-year veteran of the NYPD assigned to traffic duty, a father of one and a Marine Veteran of the first Gulf War. He has no previous record of civilian complaints.

Sentencing is set for May 15, and Judge Clancy says it'll be very difficult because of the wide range of possibilities – from no prison time to 15 years in prison.

Officer Lora has been on modified duty for two years on highway patrol. He still faces departmental manslaughter charges.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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