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CNN Live At Daybreak

Angry Residents Question Why Judge Released Police Officer Without Bail After He Mowed Down Family

Aired August 08, 2001 - 07:11   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: More to tell you this morning about that deadly car crash blamed on a New York City police officer. He is accused of mowing down a family while driving drunk.

Angry residents want to know why the judge released the police officer without bail.

CNN's Jason Carroll joins us now live.

Jason, when the judge made that release, did he give the court any reasons for his decision?

JASON CARROLL, CNN CORRESPONDENT: Well, first of all, let me back up a little bit, Colleen.

I can tell you that I checked with legal experts at Fordham University and the University of California, and basically everyone is telling me that when it comes to a situation like this in terms of setting bail, everything is left up to the judge's discretion.

Now, a judge will basically use three criteria. Let's take a look at what some of those are.

First, it would be risk of flight. And in this case, the judge said, he did not feel as though Officer Joseph Gray presented a risk of flight, because he had roots in the community. Second, as you see there, would be the seriousness of the crime. Officer Joseph Gray is charged with three counts of manslaughter, along with numerous other charges. And third would be a danger to the community. And because the officer had no history of any disciplinary action, the judge in this case felt as though he did not present a threat to the community, which is why he decided not to set any bail.

Now, Colleen, as you can imagine, this has angered a number of people in the community, including the victims' family. And on Monday night, they held a rally in front of the police precinct in question. Nearly 1,000 people gathered there. As you can see, it was a peaceful protest.

At this point, the family and a number of people in the community say they want justice, and at this point, they just don't feel as though they are getting it - Colleen.

MCEDWARDS: And, Jason, that's right. We talked to some of the people, who participated in that the other day. They are furious.

What are they planning to do to keep up this pressure?

CARROLL: Well, what they are doing is they are still speaking out and reaching out to people in the community. Yesterday, Mayor Giuliani met with the victims' family. He is offering his support. He has also gone on the record saying that he feels as though the judge made a mistake.

Officer Gray's next court appearance is going to be on Monday. They are planning on holding another protest outside the courthouse on Monday - excuse me - on Friday.

Also that we can tell you, later on today, there will be a wake for the victims in this case - those three victims being Maria Herrera, her sister, Dilcia, her son Andy. And also we should mention Maria's unborn child that was delivered by cesarean section also died in that accident. So there will be a wake for the victims today and also the funeral services will be held tomorrow.

So they are going to keep the pressure on - Colleen.

MCEDWARDS: CNN's Jason Carroll, thanks.

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