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CNN Live At Daybreak
Family Conducts Protest Against Police Officer Who Killed Their Family Members while Driving Drunk
Aired August 07, 2001 - 07:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
COLLEEN MCEDWARDS, CNN ANCHOR: Well, a tragic car accident that killed three people has stirred community anger in Brooklyn, New York. The wreck involves an off-duty cop who allegedly ran a red light while driving drunk.
CNN's Jason Carroll has the story.
(BEGIN VIDEOTAPE)
JASON CARROLL, CNN CORRESPONDENT (voice-over): This intersection in Brooklyn is marked with flowers, candles and pictures of the family that was killed here over the weekend. It was a peaceful but vocal demonstration.
CROWD: We want justice.
CARROLL: Nearly a thousand people gathered in front of a police precinct in Brooklyn to protest against an officer who they say should never have been behind the wheel.
UNIDENTIFIED MALE: I want justice. I want justice.
CARROLL: Officer Joseph Gray was arraigned on manslaughter charges for his role in what happened on Saturday night. Gray was off duty, on his way to work when he ran a red light while Maria Herrera, her 4-year-old son, Andy, and her sister, Dilcia, were crossing. All of them were killed. Herrera was eight months pregnant and doctors tried, but were unable to save her infant child. Prosecutors said officer Gray's blood alcohol was twice the legal limit.
LIZETTE PENA, VICTIM'S COUSIN: Our family is very angry. We have grief, we have sorrow, but at the same time we're very angry. This guy just got away with it. They basically did this, and that's it. He went home.
CARROLL: The family is outraged over Judge David Schmidt's decision on Sunday to release Gray on his own recognizance, even though the district attorney had asked for a half a million dollars bail.
KATHY PENA, VICTIM'S COUSIN: Now let me ask you a question: If I was driving down the road and I killed three people intoxicated -- let's say I was not intoxicated -- would I still be in jail right now? Yes.
CARROLL: Gray had no disciplinary record and Judge Schmidt said because he is an officer he's not likely to skip town.
ANDREA SHEPARD, SKETCH ARTIST: In general, it's not unusual for people with roots in the community to be released without bail.
CARROLL (on camera): The judge's decision is, in part, at odds with a city that has taken a tough stand on drunk drivers. If you're arrested, the city seizes your car. If you're convicted, you have to forfeit it. New York City is the first city to use forfeiture laws in dealing with drunk drivers.
(voice-over): Mayor Rudy Giuliani pushed for this city's law.
RUDY GIULIANI, MAYOR OF NEW YORK CITY: The judge made the decision to release him without bail which, I believe, and I think I speak for the police commissioner and the deputy police commissioner and others, was a mistake.
CARROLL: Herrera's family says they've been victimized twice: once by the man who killed, and then by the man who let him go.
Jason Carroll, CNN, New York.
(END VIDEOTAPE)
MCEDWARDS: All right. For more on this, we're joined now from New York by protest organizer David Galarza and Marilys Perez who is a sister of one of the victims.
Thank you both for being here this morning.
David, if I could start with you, we heard in Jason Carroll's piece there about the issue of the officer being released without bail. One person saying this does happen from time to time. What's wrong with it in your view?
DAVID GALARZA, FAMILY PROTEST ORGANIZER: What's wrong with it in my point of view, not only my point of view but in the family's point of view and in the community's point of view, is that consistently we see preferential treatment for police officers who break the same laws that civilians do. There should be one standard -- one set of laws applied equally and unequivocally to all citizens and anyone who breaks the law. Anyone caught drunk driving, especially police officers, in lieu of the fact that NYDP - NYPD policy dictates, and I can quote this - "that an officer be fit for duty at all times." This officer, who was going to work drunk at the time, was obviously not fit for duty and that's why we're outraged.
MCEDWARDS: Mr. Galarza, do you think if he weren't a police officer he would have been released without bail with such serious charges facing him?
GALARZA: Unequivocally. I think even the mayor agrees to that. Unequivocally. We know from past history that cops have always gotten preferential treatment and the department and sometimes - and oftentimes the judicial system will look the other way in cases such as this. They should have imposed a bail. They should have imposed that half a million dollars bail that the prosecutor wanted. I think it's a big slap in the face to the family, and especially to the community, that this guy was able to basically walk free without even having to post a bail less than 24 hours after this incident while the family was still grieving and the baby that this woman had - was carrying in her belly, we didn't even know the fate of the baby yet at that point.
MCEDWARDS: Yes, that fourth victim.
Marilys Perez, first of all, let me say I'm very, very sorry for your loss, and I wonder how your family is doing today?
MARILYS PEREZ, VICTIM'S RELATIVE: Thank you. My family, they are very sad because of this accident and...
MCEDWARDS: Marilys,...
PEREZ: So (INAUDIBLE) - yes.
MCEDWARDS: Go ahead, you can continue.
GALARZA: Go ahead, continue on.
PEREZ: My mom - my mom - excuse me - my mom, she just feels, you know -- express how she feels but she said last night that she loves her two daughters and...
MCEDWARDS: Yes, I know it's very, very difficult, Marilys.
PEREZ: Yes.
MCEDWARDS: We certainly wish you the best.
David, if we could talk a little bit more just about the issue here, the protest you held, the vigil you held last night. You marched to a police precinct. What do you plan to continue to do to draw attention to this case?
GALARZA: Well, first and foremost, we want to help the family bury their family - bury their family members. That's first and foremost. Obviously we're going to stay on top of this in terms of pursuing it through the legal channels that need to be taken. And even the mayor, like I said before, and everyone else's agreement that it was a travesty and an outrage that this officer was allowed to leave, you know, the criminal justice system without so much as posting bail.
MCEDWARDS: You know one of the...
GALARZA: There's a...
MCEDWARDS: One of the arguments...
GALARZA: I'm sorry.
MCEDWARDS: One of the arguments made in the piece we heard is that, you know, people who have ties to the community, people who aren't at a risk of flight sometimes don't need to either post bail or post a great deal of bail. Do you have any reason to believe that this officer will not - will not remain in place and face those charges?
GALARZA: Due to the severity of the crime, the judge in these cases, I understand he wasn't your everyday common criminal court judge. It was a civil court judge that happened to be taking this case at the particular time. Due to the severity of the crime, the justice on hand has discretion to met out punishment and met out the conditions of bail. And we believe this is obviously a severe crime was committed and just in lieu of the fact of the severity, be it a cop, be it an outstanding member of the community, be it a congressman who - or be it any kind of public or elected official, the crime and the time should be linked or the severity of the crime should not - should not be applied unequally to two people whether they be police officers or your common citizens.
MCEDWARDS: Understood. David Galarza, we'll have to leave it there. And, Marilys Perez, thank you both for your time this morning.
GALARZA: You're welcome.
MCEDWARDS: I should also say that CNN did contact the New York Police Department to hear their side of this issue and they declined to appear.
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