A policeman was indicted for manslaughter Thursday in the death of a homeless Guatemalan immigrant, a case which reflected ethnic and class tensions in the upscale, mostly white suburbs.
Mount Kisco Police Officer George Bubaris, 30, of South Salem, was arraigned in Westchester County Court and pleaded not guilty to the charges, which include second-degree manslaughter, unlawful imprisonment and official misconduct.
Rene Perez, 42, called police from a coin laundry there on the night of April 28, complaining of stomach pain. Three officers responded, but it was declared that Perez "did not have a police matter." An hour later, Perez was found dying on a roadside in neighboring Bedford.
The medical examiner found that Perez died of internal injuries.
"This case is just one extreme example of the tension that many immigrants feel as they move into new communities across the state, communities that are not always welcoming to people of a different color or language," said Fernando Matteo, president of Hispanics Across America.
The indictment said Bubaris exposed Perez to a risk of serious physical injury and recklessly caused his death.
Assistant 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."
The manslaughter count is punishable by up to 15 years in prison.
Bubaris is "miserable. It's a horrible thing to have happen to you," said defense lawyer Edward Hayes.
Hayes said in court that the case "is not one that shocks the conscience. There's no allegation that he beat him or anything."
Hayes said later that the indictment alleged that Bubaris pushed Perez, causing internal bleeding.
"They'll never get him for manslaughter," Hayes said, adding that the lesser charges indicated "they want to make sure they convict him of something."
Hayes said of Perez: "His body is a mass of abuse from alcohol."
"Most days he passes out and sleeps where he falls. It is a case that can be defended," said Hayes.
Judge Lester Adler gave Bubaris until Friday morning to post $100,000 bail and released him in the meantime.
In attempting to show that Bubaris is not a flight risk, Hayes told the court that the defendant is engaged to be married. He said later that the case might cause the wedding to be postponed.