UTICA - Utica Police Officer Thomas Lindsey was “assassinated” last April less than three minutes after calling in to report that he didn't need any help handling a traffic stop, a prosecutor said Tuesday.
Assistant District Attorney Laurie Lisi told an Oneida County Court jury on Tuesday that it was 24-year-old Wesley Molina-Cirino who ambushed Lindsey, a 32-year-old former Marine and six-year veteran policeman.
“It appeared to him (Lindsey) that the situation was under control,” Lisi said. “How quickly things can change.”
Molina-Cirino, of Utica, faces up to life in prison if convicted of aggravated murder in Lindsey's slaying. Lisi cautioned jurors that there would be no forensic evidence - no fingerprints, no weapon and no DNA - to link Molina-Cirino to the shooting. Instead, Lisi said prosecutors would build their case on testimony, including that of Sammy Rivera, the driver Lindsey pulled over the night he was shot.
“But the People's case doesn't rise and fall on the testimony of Sammy Rivera alone,” Lisi stressed, adding there was physical evidence and the testimony of others to corroborate Rivera's account.
Lisi said Lindsey was working his normal 4 p.m. to midnight shift last April 12 and was patrolling Utica's Cornhill neighborhood, a high-crime area.
Lindsey reported in at 9:16 p.m. that he had pulled over a red Dodge Neon for running a stop sign. He called it a “Code 4,” meaning the situation was under control, Lisi said.
Two minutes later, two other Utica police officers drove by to see if Lindsey needed assistance, but Lindsey waved them on.
Moments later, the city's 911 system was flooded with calls reporting “shots fired” and police radios began crackling with reports of “officer down.”
“In the blink of an eye, the world for every Utica police officer was changed forever,” Lisi said during her opening argument.
Responding police found the mortally wounded Lindsey, lying on his back in the middle of the road. His car was nearby, still running and with the spotlight shining.
Defense attorney Rebecca Wittman said there was no question Lindsey was intentionally gunned down, but she told the jury there were several holes in the prosecution's case, suggesting that authorities, misled by their emotions, rushed to judgment.
“If they can get you to believe that Wesley Molina-Cirino is a cold-blooded, diabolical executioner, then you might not notice that their case doesn't stand up,” Wittman said.
Wittman said she had doubts about Rivera's story.
“If Sammy Rivera is telling you the truth, how did the random traffic stop turn into an execution within 2 minutes?” Wittman asked. “Officer Lindsey was killed pulling Sammy Rivera over.”
Rivera said he fled after Lindsey was shot, fearing for his own life. He was arrested a few minutes later and was found holding marijuana and cocaine. Authorities later dropped the drug charges against Rivera in exchange for his cooperation.
Rivera said he did not identify Molina-Cirino as the gunman until nine days later because he feared retaliation. He said he recognized Molina-Cirino because they used to be friends until Rivera started dating Molina-Cirino's ex-girlfriend.
Rivera also claimed after Molina-Cirino's arrest that the suspect did not like Lindsey because of previous encounters they had with each other. But Wittman denied there was any animosity between Lindsey and Molina-Cirino.
Molina-Cirino initially told police he was visiting relatives at the time Lindsey was killed. Later, he changed his story, telling police he was riding in Rivera's car and saw another person shoot the officer.
Nearly two dozen Utica police officers, including Police Chief C. Allen Pylman, packed the small courtroom Tuesday for the start of the trial, which is expected to last into next week.
“It appeared to him (Lindsey) that the situation was under control,” Lisi said. “How quickly things can change.”
Molina-Cirino, of Utica, faces up to life in prison if convicted of aggravated murder in Lindsey's slaying. Lisi cautioned jurors that there would be no forensic evidence - no fingerprints, no weapon and no DNA - to link Molina-Cirino to the shooting. Instead, Lisi said prosecutors would build their case on testimony, including that of Sammy Rivera, the driver Lindsey pulled over the night he was shot.
“But the People's case doesn't rise and fall on the testimony of Sammy Rivera alone,” Lisi stressed, adding there was physical evidence and the testimony of others to corroborate Rivera's account.
Lisi said Lindsey was working his normal 4 p.m. to midnight shift last April 12 and was patrolling Utica's Cornhill neighborhood, a high-crime area.
Lindsey reported in at 9:16 p.m. that he had pulled over a red Dodge Neon for running a stop sign. He called it a “Code 4,” meaning the situation was under control, Lisi said.
Two minutes later, two other Utica police officers drove by to see if Lindsey needed assistance, but Lindsey waved them on.
Moments later, the city's 911 system was flooded with calls reporting “shots fired” and police radios began crackling with reports of “officer down.”
“In the blink of an eye, the world for every Utica police officer was changed forever,” Lisi said during her opening argument.
Responding police found the mortally wounded Lindsey, lying on his back in the middle of the road. His car was nearby, still running and with the spotlight shining.
Defense attorney Rebecca Wittman said there was no question Lindsey was intentionally gunned down, but she told the jury there were several holes in the prosecution's case, suggesting that authorities, misled by their emotions, rushed to judgment.
“If they can get you to believe that Wesley Molina-Cirino is a cold-blooded, diabolical executioner, then you might not notice that their case doesn't stand up,” Wittman said.
Wittman said she had doubts about Rivera's story.
“If Sammy Rivera is telling you the truth, how did the random traffic stop turn into an execution within 2 minutes?” Wittman asked. “Officer Lindsey was killed pulling Sammy Rivera over.”
Rivera said he fled after Lindsey was shot, fearing for his own life. He was arrested a few minutes later and was found holding marijuana and cocaine. Authorities later dropped the drug charges against Rivera in exchange for his cooperation.
Rivera said he did not identify Molina-Cirino as the gunman until nine days later because he feared retaliation. He said he recognized Molina-Cirino because they used to be friends until Rivera started dating Molina-Cirino's ex-girlfriend.
Rivera also claimed after Molina-Cirino's arrest that the suspect did not like Lindsey because of previous encounters they had with each other. But Wittman denied there was any animosity between Lindsey and Molina-Cirino.
Molina-Cirino initially told police he was visiting relatives at the time Lindsey was killed. Later, he changed his story, telling police he was riding in Rivera's car and saw another person shoot the officer.
Nearly two dozen Utica police officers, including Police Chief C. Allen Pylman, packed the small courtroom Tuesday for the start of the trial, which is expected to last into next week.
The Citizens' Say
There are No comments posted.