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Updated 03/12/2009 09:28 PM

Judge To Deliberate Fate Of Off-Duty Officer Charged With Manslaughter

By: NY1 News

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Following closing arguments today, a judge is now deliberating the fate of Officer Rafael Lora, who was off-duty in May 2007 when he shot Fermin Arzu in the Bronx.

The next court date is scheduled for April 3rd, at which point a decision could be made.

While on the stand Wednesday during the nonjury trial, Lora explained he was home on the night of May 18, 2007 when he heard a big bang from outside.

He said at first, he thought it was a shotgun blast. It turned out to be the sound of Arzu's mini van crashing into several cars. Police say the 41-year-old Arzu was intoxicated and driving the wrong way on a one way street.

Lora said when he came outside, he intended to help the driver, but that when he reached into the van, a slumped over Arzu threw something in his face and tried to drive off.

"It was all about was he dragged by the car. The forensic evidence shows that he was," said defense attorney Stuart London. "I think his words were sincere and honest that he only discharged his weapon when he thought his life was in danger."

But the prosecution argued the off duty police officer actually broke free from the van's door and then fired five shots. One struck Arzu in the back.

Lora faces charges of manslaughter in the first degree, manslaughter in the second degree, and criminally-negligent homicide.