It was the second day Sgt. Bruce Miller took the stand in the death by auto trial of Waqas Ibrar.

NEWARK – The defense attorney representing the 26-year-old driver who fatally struck two men on Route 440 spent most of Tuesday morning pointing out discrepancies in a police sergeant’s testimony and police reports from the 2015 wreck.

It was the second day Sgt. Bruce Miller took the stand in the death by auto trial of Waqas Ibrar. As an expert witness for the state, Miller testified he was able to determine Tyler Sellers and Sabore Worrell began crossing the busy roadway on Nov. 2, 2015 with the right of way.

But Ibrar’s attorney, Jeffrey Garrigan, argued during cross-examination that Miller’s own calculation of where the men would have been standing at the time of impact was off by about three feet.

The victims’ friends testified last week that they crossed Route 440 inside the crosswalk at the LeFante Way intersection when they had a green light. Sellers and Worrell were a short distance behind them. Video shows those two friends reaching the other side of busy roadway just after the light turns red. Both witnesses told the court during cross-examination that they did not press the walk signal before crossing.

Garrigan pointed out that Miller’s determination that the victims had the right of way was calculated on the timing of the walk signal, which had not activated.

Traffic records for the intersection indicate when the pedestrian signal is activated a walk sign is displayed for seven seconds, followed by a blinking do not walk sign for 31 seconds. A solid do not walk sign would then appear for a few seconds.

Garrigan had Miller read from the definitions of those signals, which state that a pedestrian cannot enter a crosswalk when a do not walk signal is already blinking and can only continue if they have already entered the roadway.

Since the victims’ friends admitted to not touching the walk signal, Garrigan said Sellers and Worrell would not have had the right of way because a walk signal doesn’t display at all at that time of night if the button is not pressed. Garrigan then asked Miller if he wanted to change his position on who had the right of way.

“No I do not,” Miller said. “I stand by my report.”

The state, represented by Hudson County Assistant …read more

Source:: New Jersey Real-Time News

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Attorney says there are flaws in reports, testimony, in death by auto trial

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