NORWICH – The attempted murder-hate crime trial of a corrections officer who pointed his pistol at a black man on a Norwich City Street and shot him, after a night of drinking and racial threats, has ended with the judge ruling the prosecution failed to prove the defendant's intent beyond a reasonable doubt, finding him not guilty on all charges.
Following a three-day bench trial that began on Monday, Chenango County Court Judge Frank Revoir Jr. gave the verdict, finding Wayne Spratley, of Greene, not guilty on all five counts against him. For an incident took place at 3:30 a.m., July 19, 2015, in a parking lot along Lackawanna Avenue in Norwich.
The judge said Spratley “...was beyond disgusting and reprehensible and certainly dangerous."
After finding Spratley not guilty the judge called him “the luckiest man alive in Chenango County right now,” before adding he should never be allowed to own a firearm.
“The uncontradicted evidence presented is that you consumed alcohol, all while carrying a concealed firearm. Not only were you carrying a concealed fire arm, but you were displaying the firearm along with your correction officers badge claiming to be a police office, all the while making racially charged statements directed at the victim. Ultimately someone was shot, but thankfully no one perished,” said Revoir in court Thursday, adding “Under no circumstances should you ever have the right to carry a firearm...”
Revoir citing his reasons for the ruling said the prosecution had failed to establish a case beyond reasonable doubt.
Key factors to the not guilty verdict, said Defense Attorney Micheal E. Garzo, were changes in testimony by witnesses called by the prosecution, and the fact Spratley was being tackled when his gun went off, indicating a lack of intent.
He said some of the testimony had changed over time and came from individuals who were likely intoxicated during the incident or under the effects of drugs or alcohol.
“Even the victim admitted to using cocaine and drinking that night,” he said.
“This was an emotionally charged case,” said Garzo, “Judge Revoir should be commended for being able to put aside all emotion and focus on law.”
Each of the charges in the case required prosecutors to prove Spratley had the intent to kill or harm the victim.
Asked why Spratley was not also charged with additional offenses or lesser charges, District Attorney Joseph McBride responded by saying, “Because we took the position he is guilty of attempted murder and hate crimes.”
“The defendant states I am going to kill you, says the n-word, points a gun, -witnesses testified he was intoxicated, and then 4 - 5 minutes later the victim was shot. I think the evidence speaks for itself,” said McBride.
The DA said if he had the option, as federal prosecutors do, he would have objected to holding a bench trial in the case.
According to appellate court documents based on witness statements from the Third Judicial Department, on the night of July 19 the defendant, Wayne Spratley, of Greene was at a Norwich bar when he first ran into the victim while the two were trying to assist a female patron who was sick.
During the encounter, the “defendant, a corrections officer, flashed a badge, stating that he was an undercover cop on a 'special mission,' and that he was 'doing his civic duty.”
