Jury to get case of off-duty cop accused of racial slur, threats

A Philadelphia jury on Thursday will begin trying to sort out what happened in a predawn traffic mishap in South Philadelphia that ended with an African American man accusing an off-duty white police officer of using racial epithets and threatening to kill him.

Both Lamar Fouse and ex-officer Edward Sawicki III testified Wednesday at Sawicki's criminal trial and gave starkly contrasting versions of the events at 2:45 a.m. Oct. 20, 2013, outside Pat's Steaks at Ninth and Wharton Streets.

Fouse, 39, said Sawicki bumped his leg while parking his car and then became irate when Fouse banged on the officer's car and said, "You hit me."

Fouse said Sawicki called him a racial epithet and added, "I'll smoke you" while pulling up his shirt to reveal a pistol.

Fouse said he was afraid: "I look down and see this dude's really going to kill me because I tapped the back of his car."

Questioned by Richard J. Fuschino Jr., one of his defense lawyers, Sawicki, 36, son of a police officer and nephew of another, told the Common Pleas Court jury that Fouse was the one losing control. He said Fouse was spouting racial slurs, swearing at him, and took off his shirt and challenged Sawicki to a fistfight.

While admitting he swore at Fouse in return, Sawicki insisted that he never uttered a racial slur at Fouse and never threatened to shoot him. Sawicki said he had pulled up his shirt to show his police identification badge on his hip near his service weapon.

Sawicki's trial for terroristic threats, simple assault, and possession of an instrument of crime began Tuesday. The defense is expected to close its case with a final character witness Thursday.

Following that witness, the lawyers will make closing arguments and Judge Glynnis Hill will instruct the jury on the law.

Fouse was not injured in the confrontation, and Sawicki is not accused of brandishing his gun.

Prosecution and defense agree that no video exists of the incident from any security cameras outside the iconic South Philly steak shop. Fouse's version of events was partly corroborated in testimony by a Pat's employee who said he saw the angry confrontation between the men, saw Sawicki lift his shirt, and heard him threaten Fouse.

Throughout questioning by his lawyer, Sawicki was solemn and testified in a quiet voice. Sawicki reviewed his military service with the Marines in Bosnia, eastern Africa, and Kuwait and a subsequent tour with the Pennsylvania National Guard in Iraq.

Sawicki swiveled in his chair and addressed his answers directly to the jury. During one sidebar, Sawicki appeared to make eye contact with several jurors, smiling at some and nodding his head.

But that demeanor vanished as Assistant District Attorney Michael Bonner began cross-examining the former officer. His responses became increasingly sarcastic and he grinned broadly at the prosecutor.

Bonner at one point asked Sawicki why he was "smirking."

Sawicki testified that he saw an outdoor security camera at Pat's and assumed the incident was on video. Bonner asked Sawicki why he waited two weeks before telling the Fraternal Order of Police or his lawyer about the camera.

Sawicki first said he was relying on the FOP and his lawyers to collect the video: "In this day and age, if you're a police officer it's the first thing you do."

But no police investigator did and, according to both sides, any video from the Pat's camera was overwritten after 30 days.

When Bonner pressed the issue, Sawicki grinned broadly at the prosecutor and said, "When I contacted you personally in the beginning of January [2014], I said no one is going down there. Would you like to see my phone records?"

Sawicki's supporters burst into a chorus of "Whoa" before court officers quieted them.

Bonner seemed momentarily taken aback but then said he'd like to see the phone records.

"If you're going to smirk, Mr. Sawicki, you know I told you I was not permitted to talk to you," Bonner added.

Prosecutors are barred from speaking with criminal defendants outside the presence of their lawyers.

jslobodzian@phillynews.com 215-854-2985

@joeslobo www.philly.com/crimeandpunishment