Trial begins for off-duty Phila. cop accused of hurling racial slurs after a traffic mishap
A traffic mishap, two men yelling, swearing at and threatening each other. "It happens every single night, especially on weekends," said Daniel Iannuzzi, describing the intersection of Ninth Street and Passyunk Avenue in South Philadelphia where hundreds often queue up at either Geno's or Pat's.
A traffic mishap, two men yelling, swearing at and threatening each other.
"It happens every single night, especially on weekends," said Daniel Iannuzzi, describing the intersection of Ninth Street and Passyunk Avenue in South Philadelphia where hundreds often queue up at either Geno's or Pat's.
What distinguished what happened about 2:45 a.m. on Oct. 20, 2013, Iannuzzi said, was that one of the disputants was white and the other black, and the white man spouted racial slurs, pulled up his shirt to reveal a gun, and told the black man: "I'll smoke you."
Furthermore, the white man was an off-duty Philadelphia police officer, Edward Sawicki III, 36, a nine-year veteran of the force.
Iannuzzi, who at the time worked at Pat's, was the prosecution's first witness Tuesday at Sawicki's trial on charges of terroristic threats, simple assault, and possession of instrument of crime in connection with the early-morning confrontation he had with 39-year-old Lamar Fouse.
Fouse was not injured in the encounter and Sawicki is not accused of drawing or brandishing his gun, but Assistant District Attorney Michael Bonner said Sawicki's conduct was enough to justify the three misdemeanor charges.
"Words can be power. Words can be weapons. That's what this case is about," Bonner told the Philadelphia Common Pleas Court jury of nine women and three men.
Defense attorney William J. Brennan urged the jury to keep an open mind and said he believed the evidence will show that Fouse was "the aggressor. He ripped off his shirt because he was ready for a fight."
Brennan also cited Sawicki's record as an officer and his service with the Marines in tours of duty in Africa, Kosovo, and Iraq.
Iannuzzi, who was working the night of the incident, said he had been carrying frozen french fries from a warehouse to the steak shop when he heard the "bump" of one vehicle hitting another, and then witnessed the argument between Sawicki and Fouse.
Fouse claimed that Sawicki backed into him, to which the officer replied with a common racial epithet "at least a dozen times," Iannuzzi said.
Sawicki then pulled up his shirt and told Fouse, "I should just shoot you right now," Iannuzzi said.
Fouse pulled up his shirt to show he had no weapon and then took off his shirt and challenged Sawicki to "fight like a man," Iannuzzi continued.
Instead, Sawicki got in his car and drove off as a crowd of people waiting to be served chanted a derogatory name at Sawicki.
Throughout Iannuzzi's testimony, racial slurs were repeated continuously in front of the jurors - three of whom are African American - and Judge Glynnis Hill, who is African American.
Brennan's cocounsel, Richard J. Fuschino Jr. challenged Iannuzzi's credibility by confronting him with his Facebook account including a rant of racial slurs after Iannuzzi claimed he was robbed by several black men.
"I was angry," said Iannuzzi, who said he does not hate all black people.
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