The retired NYPD detective accused of fatally shooting a beloved father and Con Edison worker during a road-rage confrontation on the George Washington Bridge was likely charged with manslaughter rather than murder because prosecutors may not be able to show the attack was planned, legal experts said.
Koran Irvine’s relatives questioned why former NYPD detective Victor Romero faces first-degree manslaughter charges in connection with Tuesday evening’s deadly clash on the New Jersey-bound side of the bridge, which began after the two vehicles nearly collided.
Defense attorney Michael Bachner, who is not involved in the case, said the charge did not surprise him because prosecutors could have difficulty proving that Romero intended to kill Irvine.
“The District Attorney’s office was under the theory that this arose out of an altercation with some lack of premeditation, lack of planning,” Bachner said.
“It was a road rage incident where the guy went to get his gun without an intention to kill. There was no proof there was an intention to kill the guy.”
According to prosecutors, Romero, 62, allegedly followed Irvine, 46, closely before pulling alongside the father of two and firing a gun into his vehicle.
Irvine’s car then came to an abrupt stop, triggering a traffic backup, before moving across several lanes and crashing into a median about 40 seconds later, according to the criminal complaint.
Romero allegedly left the scene and was arrested later, prosecutors said.
Bachner said a second-degree murder case would require prosecutors to establish that Romero acted with depraved indifference to human life—an elevated legal standard. For first-degree manslaughter, prosecutors instead must prove that he intended to cause physical injury and that the injury led to Irvine’s death.
“It sounds to me, it smells to me, more like he consciously disregarded a risk rather than he acted with a depraved indifference to human life,” Bachner said.
“I see why [Manhattan DA Alvin] Bragg made this decision,” the attorney added.
CHECK THIS OUT: Man Accused of Decapitating Iwo Jima Statue With Sledgehammer
“I understand the outrage over it, but I think it really does fit more into the manslaughter mold than it does into the murder charge.”
Still, veteran New York defense lawyer Robert Gottlieb said he was “surprised” by Bragg’s decision.
“Just relying on what’s alleged in the complaint, there is more than enough to have charged him with murder,” Gottlieb said.
“I have seen people charged with murder under less powerful evidence of depraved indifference murder.”
Irvine’s aunt, Gale Ford, angrily criticized the charge outside court after Romero appeared for the first time Thursday.
“You had a retired police officer intentionally fire a bullet and kill him,” Ford said. “Instead of being murder, it’s called manslaughter? But again, in God we will trust.”
Irvine’s family members wept during the hearing as prosecutors detailed their allegations, including claims that Romero neither called 911 nor surrendered after the shooting.
“He tailgated him closely and at times aggressively,” prosecutor Matt Sears told the court. “The defendant’s gunshot entered the back passenger window and struck the victim in his right shoulder, killing him.”
Romero left the NYPD 25 years ago and, according to police sources, had been working as a driver and private security guard for a Manhattan investment fund.
Sources said Romero attempted to turn himself in but went to the wrong stationhouse and was eventually cuffed later.
He was ordered held on $1 million bail before his lawyer, Alan Abramson, asked for a lower amount, saying, “My client was a hero police officer.”
Abramson didn’t return a request for comment Thursday afternoon.
