Ex-policeman not guilty in death of NY immigrant

A former policeman was found not guilty Tuesday in the death of a homeless illegal immigrant who had a long history of arrests in the officer's jurisdiction.

Former Mount Kisco Officer George Bubaris, 31, closed his eyes and bit his lip as he was acquitted of second-degree manslaughter and criminally negligent homicide. He could have faced up to 15 years in prison if convicted.

The case has brought attention to the relationship between officers and immigrants as police departments nationwide consider whether to take on increased deportation duties.

Prosecutors claimed Bubaris killed Rene Perez, 42, with a blow to the abdomen soon after the Guatemalan immigrant called 911 from a coin laundry complaining of stomach pain. Bubaris has since left the force.

The defense said Perez's drunken, homeless lifestyle led to his injury on April 28, 2007.

Jurors deliberated for about four hours. When the forewoman read the second of the "not guilty" verdicts, muted cries of "Yes!" and a few sobs could be heard from Bubaris' family and friends in the gallery.

Outside court, jurors noted a lack of forensic evidence and conflicting medical testimony.

No bias crime was alleged, and no clear motive was offered. Fernando Mateo, president of Hispanics Across America, called for federal prosecution, and U.S. Attorney Michael Garcia said federal investigators would review whether civil-rights laws were violated.

"This is exactly what we were afraid of," Mateo said. "Apparently the rights that we hold so dear as Americans did not apply to Rene Perez and to Hispanics in general."

Perez, 42, left a wife and child in Guatemala when he came to Mount Kisco a decade ago. He became well known to police as a vagrant, a drunk and a frequent 911 caller.

The Westchester County Court jurors had heard a fellow officer testify that Bubaris told him — on the night Perez died — that he'd gone out "hunting" or "looking" for the immigrant. And when word of the death spread, the officer testified, Bubaris told him, "You're the only one that knows, bro."

The officer acknowledged on cross-examination that he didn't tell anyone about those statements until he had been granted immunity.

Medical experts gave conflicting testimony about when the injury that killed Perez — a tear in the mesentery, which carries blood to the intestines — could have happened. Prosecution witnesses said it had to have happened after the 911 call that Bubaris answered, but defense witnesses disputed that.

District Attorney Janet DiFiore issued a statement saying, "We accept and respect the jury's verdict."

A friend, Mauricio Arriga, said the Perez family remains convinced that Bubaris "had something to do with this killing."

Bubaris did not speak to reporters as he left the courthouse. Defense attorney Andrew Quinn said Bubaris spent the first 15 minutes after the verdict "just hugging his wife."