The driver of a car which hit and killed Nassau County police officer Joseph Olivieri in October 2012 testified in court Monday he did not have enough time to keep his car out of the way after seeing the police officer standing in the HOV lane on the Long Island Expressway.
Francis Belizaire, 50, of Bay Shore, was granted immunity by the Nassau County District Attorney’s office after it was determined his actions were not criminal, according to Newsday.
“When I saw Officer Olivieri, I tried to brake my vehicle and swerve to the right,” Belizaire said in court. “I tried my best not to drive into him but I just didn’t have enough time.”
James Ryan, 28, of Oakdale, is facing up to 25 years in prison if convicted on aggravated vehicular homicide charges, which are based on prosecutors claim that his actions led to Olivieri’s death.
Nassau Assistant District Attorney Michael Bushwack said Ryan was a “dangerously drunk” driver who caused two crashes leading to the death of the then 43-year-old police officer.
At 4:43 a.m. on Oct. 18, 2012, a car driven by Ryan allegedly crashed into and disabled a car while he was driving drunk on the Long Island Expressway, then fled the scene toward the Shelter Rock Road exit.
His car then hit another car, which injured the driver and caused Ryan’s car to stop against the center divider on the highway, prosecutors said.
Olivieri, a member of the Nassau County Highway Patrol Bureau, responded to the scene.
Belizaire’s Cadillac Escalade hit and killed him while he was caring for injured drivers in the HOV lane.
After leaving a Mineola courtroom on Tuesday, Belizaire told Newsday he felt partially responsible for Olivieri’s death.
“I blame myself somewhat but Mr. Ryan shouldn’t have did what he did,” he said.
A grand jury indicted Ryan in April 2013, but county Judge Jerald Carter dismissed the indictment that December.
The DA’s office appealed the case to state Appellate Division, which reinstated the charges in February.
Ryan’s attorney Zeena Abdi told jurors the defendant was not blame for Olivieri’s death, but instead Belizaire was, according to Newsday.
“Make no mistake, James Ryan did not hit Officer Olivieri,” Abdi said. “James Ryan did not kill Officer Olivieri. James Ryan did not cause his death.”
Belizaire, who was driving in the HOV lane, testified that he saw police lights flashing in front of him but also saw cars pulled over to the right of him on the highway, so he did not move out of the lane, according to Newsday.
He said he saw Olivieri when he was about two car lengths away from him in front of Ryan’s Toyota Camry.
“I couldn’t move, I was in shock,” Belizaire said.
