New York Daily News

June 15, 2011


 

Manslaughter conviction of ex-cop Rafael Lora overturned by appeals court

BY JOE KEMP
DAILY NEWS STAFF WRITER

    Patrick Lynch ran un-opposed for his seat as president of the Patrolmen's Benevolent Association. Rob Bennet for News
 
Anthony DelMundo for News
Rafael Lora, 41, should not have been convicted for his off-duty shooting of Fermin Arzu, an appeals court ruled.

An ex-cop convicted of manslaughter two years ago for shooting a Bronx man to death had the case tossed and his conviction voided Tuesday.

An appeals court ruled Rafael Lora, 41, should not have been convicted for his off-duty shooting of Fermin Arzu, 41, near the veteran officer's Longwood home on May 18, 2007.

Lora was sentenced to one to three years behind bars after his June 2009 conviction for shooting the unarmed, drunken Arzu as he tried to speed away from an accident.

Lora, armed with a Glock 26, ran toward the minivan after the driver crashed and tried to drive away. Lora said he latched on to the vehicle after Arzu ignored his orders to stop. He said he shot the driver five times in self-defense.

The Appellate Division of state Supreme Court found that Lora didn't act recklessly and dismissed the case.Bronx District Attorney Robert Johnson said his office may appeal the decision.