Cop arrested in death of immigrant in WC

(White Plains - WABC, September 6, 2007) (WABC) -- A Mount Kisco police officer pleaded not guilty Thursday in the death of homeless immigrant found on a desolate Bedford road in April.

Officer George Bubaris, 30, of South Salem, was arraigned in Westchester County Court and pleaded not guilty second-degree manslaughter, unlawful imprisonment and official misconduct.

The manslaughter count is punishable by up to 15 years in prison.

Westchester County Asistant District Attorney Michael Hughes said the crimes were "all the more heinous and troubling and disturbing because they occurred while he was a police officer on duty."

He said the crimes amounted to "a violation of this officer's public trust."

No bias crime was alleged, but federal authorities who had taken an interest in the case said they would observe Westchester County's prosecution and determine afterward whether a civil rights case was warranted.

State Supreme Court Justice Lester Adler gave him a day to raise $100,000 bail. His lawyer, Edward Hayes, said outside court, "They'll never get him for manslaughter."

Hayes said the lack of an indictment for first-degree manslaughter or murder showed the weakness of the prosecution's evidence. He called the indictment "political."

A grand jury, sitting in White Plains, had been hearing evidence against Bubaris in the death of 42-year-old Rene Javier Perez.

Perez was found dying on Byram Lake Road in Bedford on April 28, less than an hour after the three Mount Kisco officers responded to his drunken 911 call at a village laundry.

He died early the next morning at Westchester Medical Center. The case was ruled a homicide by the medical examiner.

District Attorney Janet DiFiore said only that Bubaris "restrained Rene Perez and exposed him to a risk of serious physical injury and recklessly caused his death."

Hayes said that because Perez was a longtime alcoholic who slept outdoors and often became sick, "How are they going to be able to show that my client caused his death? He died. His body was a mass of abuse from alcohol." As to the lesser charges, Hayes said, "They want to make sure they convict him of something."

Bubaris and two other Mount Kisco police officers were named as subjects of the probe and have been on restricted duty since early May.

The friction created by large influxes of immigrants in Westchester County has led to recent court cases alleging police bias against immigrant day laborers in Mamaroneck and voting rights violations against Hispanics in Port Chester. Several municipal officials have expressed frustration with the failure of Congress to come up with a national policy on the rights of illegal immigrants.

Mount Kisco Chief Steven Anderson, who took office after Perez's death, said, "I will make every effort possible to restore the public's trust and confidence in the Mount Kisco Police Department." He said Bubaris, like the other two officers who responded to Perez's call, would remain on modified duty.

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