The family of the beloved Con Edison worker gunned down on George Washington Bridgeare calling for his alleged killer to be locked up — but experts say it’s unlikely despite the ex-detective facing an upgraded murder charge.
Victor Romero, 62, was initially charged with manslaughter for the fatal shooting of Koran Irvine, a 46-year-old father of two, on Oct. 20 — but a grand jury returned an indictment Tuesday which upgraded the charge to murder in the second degree.
The accused killer, who was pictured for the first time in Manhattan Criminal Court last week, had posted $1 million bail — a decision that outraged members of Irvine’s family who felt that he should have been remanded from the get-go.
Romero, who had faced up to 25 years behind bars on the manslaughter charge, is now looking at the possibility of a life sentence if convicted of murder — which has Irvine’s family once again calling for the ex-cop to be kept behind bars without bail, according to the family’s attorney Keith White.
“They’re happy the charge is now an appropriate charge but now bail needs to be revoked, which is appropriate for a second-degree murder charge,” White said in a recent interview.
Irvine’s family still believes that Romero, a father of four living in Rockland County, poses a flight risk, he said.
Manhattan prosecutors had asked Criminal Court Judge Kevin McGrath for Romero’s passport when he was charged with manslaughter at his arraignment — but the judge only set bail at $1 million while letting the accused murderer keep it.
“We pushed and we pressed for (the District Attorney’s Office) to charge (Romero) with second-degree murder,” White said. “Now, we expect and we’ll push for him to be remanded.”
The prospect of remand — or being held without bail at Rikers Island — is a long shot, defense attorneys told The Post because the facts of the case haven’t changed.
“The argument that (his) defense attorney would make is, what fact has changed,” long-time defense attorney Wayne Gosnell told The Post.
“The fact of the matter is it’s a circumstantial case that deals with his intent. That’s always been the case… That hasn’t changed,” the attorney added.
Gosnell, who successfully argued for bail for alleged Crypto kidnapping culprit John Woeltz, said it’s more likely for bail conditions to change instead of remanding Romero without bail — which could mean house arrest, home confinement or GPS monitoring as appropriate measures to bring Romero back to court.
Manhattan prosecutors have said that Romero and Irvine had nearly collided their vehicles during a lane change on the ramp of the New Jersey-bound upper level of the bridge around 7:15 p.m. last month, which was caught on surveillance video.
Romero, who was driving a company-owned Range Rover, then “aggressively” tailgated Irvine’s sedan before pulling up to the passenger side of his car, where Romero fired a single gunshot through the window — striking the Con Ed worker in the shoulder — and driving off for home, according to the criminal complaint.
Romero also told cops that he carries a revolver daily, prosecutors have said.
At his arraignment, Romero’s attorney Alan Abramson had asked the judge to consider a lower bail amount due to Romero being a “hero police officer” with a “sterling record” from his time on the force.
Defense attorney Thomas Kenniff, who successfully defended Marine Daniel Penny in the lightning-rod subway killing trial, noted that Romero’s allegations are “incredibly serious” but Romero’s $1 million bail would likely remain since the number is already so high.
“Even if the decision to upgrade the manslaughter charges to murder was based on the discovery of some new evidence, as opposed to a bend of knee to political pressure, it is hard to imagine circumstances where the $1 million bond set at arraignment would not be sufficient to assure Detective Romero’s return to court,” said Kenniff, the author behind the thriller novel, “Tuxedo Park.”
The Manhattan District Attorney’s Office declined to comment.
Romero faces 25-years-to-life in prison if convicted on the murder rap.
He will be arraigned on the murder charge in Manhattan Supreme Court on Nov. 23 before Kathryn S. Paek.
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