BUFFALO, N.Y. (WKBW) — Day one of the retrial of Buffalo Police officer Corey Krug began Wednesday, with the focus being video shot by former WKBW photographer Jim Herr.
Judge Richard Acara has already dismissed one juror out of 16 for not following instructions, and forming an opinion before hearing all the evidence.
Before the juror was dismissed at the end of the day, the 16 member jury - 9 and 7 men - sat in court and listened to Krug's defense lawyer Terry Connors as he talked about the dangers and difficulties a police officer faces at work.
Connors said on November 26, 2014, the streets and bars were crowded, and several other fights were happening. And that night he said there were several confrontations between Devon Ford, his friends and Krug.
They were asked to leave but they came back and Krug held up a night stick, or baton, to keep them away.
Connors said that's when Ford grabbed the baton, and they wrestled.
He said any officer knows they should never let go of the night stick because it can be used against them or on others. That's when Krug pushed Ford on to the car and hit him with the baton.
Part-time Erie county law enforcement trainer, Patrick Mann, testified that Krug completed his use of force training in March 2004.
Former 7 Eyewitness News Photographer Jim Herr testified after Mann, and said the video he shot at the time was going to run as a 30 second voiceover for the morning show.
The prosecution then reviewed all the video shot on during the early morning hours of November 26, 2014.
The retrial is expected to continue on Thursday.