Father of deceased 'Road Rage' victim testifies
NORWICH – Chenango County Court was in session yesterday to hear the case of the accused 'Road Rage Killer,' John M. Guzy.
Guzy, 57, of Bainbridge, was previously indicted on 17 charges related to the death of Derek D. Prindle, 26, and the serious injury of Prindle’s father, Derek S. Prindle, who was 60 at the time of the shooting. Both victims are from Afton.
Guzy chose to waive his Constitutional right to a jury trial in an earlier conference, leaving Chenango County Court Judge Frank B. Revoir Jr. to full jurisdiction on the outcome of the case once all testimony has been heard.
The indictment for Guzy alleged that on Oct. 27, 2014 at approximately 1:25 p.m. in the parking lot of a business in the Town of Bainbridge, Guzy killed Derek D. Prindle by shooting him in the chest with a .25 caliber Beretta Jetfire semi-automatic handgun.
Guzy was present in the courthouse at 9 a.m. for the bench trial, accompanied by his attorney, Benjamin Bergman of the Jackson Bergman law firm out of the Binghamton area.
Chenango County District Attorney Joseph McBride represented the people on this matter.
McBride began first with opening statements, while Bergman and Guzy opted to not give an opening statement.
“On October 27, 2014, the defendant, a retired New York City Police Officer and currently working at the jail, while intoxicated got in his car with a loaded .25 caliber beretta. He left his residence with intent of causing trouble. He crowded the bumper of the victims, who were going 51 miles per hour in a 55 mile per hour zone,” said McBride. “The defendant passed the vehicle and abruptly stopped and blocked their path before continuing again. Derek S. Prindle directed him to go to Peak Fitness parking lot to discuss the problem.”
At this time, McBride continued to explain that Guzy arrived at the parking lot before the vehicle carrying both the victims.
“Guzy got out and did not identify himself as a current correctional officer. He said 'What is your (expletive) problem, and spit in the face of Derek S. Prindle. At this time, Derek S. Prindle, the passenger, got out of his vehicle and Mr. Guzy said 'I will kill you, I will (expletive) kill both of you. At no time did he say he had a loaded gun,” said McBride.
McBride alleged in his opening statement that a tussle between Guzy and Derek S. Prindle occurred and that Guzy put his loaded handgun into the side of Derek S. Prindle. and discharged the weapon before turning to Derek D. Prindle and engaging him in a manner of “pistol whipping.” Guzy allegedly beat Derek D. Prindle five to six times in the head before discharging the weapon twice into his chest, killing him.
McBride further explained that Guzy then drove himself to State Police barracks Troop C in Sidney, and smeared the blood on his chin in an attempt to make it look as if he was injured. Guzy did allegedly have an injured hand from the sliding action of his handgun.
To complete his opening statements, McBride read verbatim each of the 17 indictments to the court.
“I’ll ask you to find him guilty after hearing all of the testimony,” said McBride.
Guzy and his attorney denied the right to give an opening statement. Instead, the first witness, Derek S. Prindle, was called to the stand and sworn in.
Derek S. Prindle, a retired union carpenter, began by saying, “Derek followed my footsteps. He was a good man. He was a good carpenter.”
Derek S. Prindle recalled his routine of that fateful morning, explaining that he and his son had eaten breakfast and were on their way to the local dump to return recyclables.
Derek S. Prindle made the court aware that he occasionally smoked marijuana due to back pain, and not wanting to take prescription drugs, and that his doctor was aware of the fact.
“My son was driving. He made me aware that someone was following us very closely. The vehicle pulled along side us for two to three seconds then passed us and slammed on his brakes,” said Derek S. Prindle. “He pulled ahead again and then slammed on his brakes again, blocking both lanes of the road. I could see his head bobbing in the mirror. We are peaceful men. We're peacemakers, so we pulled up and I indicated with my finger for him to pull over.”
Derek S. Prindle continued his account of the situation. “I though he was going to punch me, then I felt a searing sharp pain in my side – didn’t know if he stabbed me or hit me with a stun gun. I said ‘Derek help me,’ and he was already by my side.”
The father said his son struggled to restrain Guzy before falling to the ground.
“There was lots of blood. I knew he (Derek D. Prindle) needed me. He was hurt bad, more than I needed to hurt him(Guzy),” said Derek S. Prindle. “His eyes were fluttering and lips were quivering. I said ‘Please son, don’t die on me.”
Derek S. Prindle remembered that Guzy stood over him and his dying son for a brief moment before getting back into his vehicle and speeding away. As Guzy drove off, Derek S. Prindle said he was able to write the license plate number of Guzy's vehicle into the dust of his sons back windshield.
Derek S. Prindle was told by a New York State Trooper that his son had died while in the hospital.
McBride finished questioning the father by asking if Guzy ever identified himself as having a loaded weapon, or as being a retired law enforcement officer or current correctional officer, to which Derek S. Prindle replied he did not.
The 911 call that Derek S. Prindle placed at the time of the incident was then played before open court, followed by many exhibits of pictures taken of the area and wounds of the victims and defendant.
On the 911 call, Derek S. Prindle is heard saying, “My son is on the ground. A man shot him and assaulted us. Derek, Derek are you okay? I don’t think he is breathing ma'am.”
Bergman was then given a chance at cross examination. He asked Derek S. Prindle how often he ingests marijuana and to re-explain the details of the morning.
The father answered that his marijuana use was occasional. “I’d rather take marijuana than take Oxycodone,” he said.
“Did you ever say to your son, ‘keep driving?'” asked Bergman before stating some inconsistencies in the written statement that Derek S. Prindle made to the police, including the distance that Guzy was from the two victims.
Derek S. Prindle explained that he didn’t tell his son to keep driving at any point. Instead, he instructed both his son and Guzy to pull over to settle the matter peacefully.
“I thought perhaps if we stopped and I stepped out, and he saw me, that he wouldn’t act in such an aggressive manor,” said Derek S. Prindle. “My son came to defend me; he was there to help his dad. My son is not a fighter."
Bergman alleged that Derek S. Prindle stated after the incident that Guzy stuck the gun to the back of his head and stood over him after shooting his son, causing a small bump on the crown of his head. Bergman then instructed Derek S. Prindle to read the entire police transcript.
Derek S. Prindle admitted that it was mere speculation that Guzy stuck the gun to his head causing the bump, and that he didn’t actually see a gun during the struggle.
Bergman then questioned Derek S. Prindle on his intentions of previously telling the media that Guzy had killed people before, which Bergman alleged was mere speculation.
McBride re-crossed and stated that “through council you inferred that and due to you being mad, correct.”
Derek S. Prindle answered in the affirmative before stepping down from the witness stand. Court then entered recess.
The trial continued after the lunch recess at 1:15 p.m. hearing the testimony of seven more witnesses, one being the New York State Police Investigator who first saw Guzy when he arrived at the Troop C barracks.
The rest of the witness testimony from day one of the Guzy Trial will be reported in tomorrow’s edition of The Evening Sun.
The trial continues today in the Chenango County Courthouse at 9 a.m. in hopes of finishing the witness testimony.
Guzy, 57, of Bainbridge, was previously indicted on 17 charges related to the death of Derek D. Prindle, 26, and the serious injury of Prindle’s father, Derek S. Prindle, who was 60 at the time of the shooting. Both victims are from Afton.
Guzy chose to waive his Constitutional right to a jury trial in an earlier conference, leaving Chenango County Court Judge Frank B. Revoir Jr. to full jurisdiction on the outcome of the case once all testimony has been heard.
The indictment for Guzy alleged that on Oct. 27, 2014 at approximately 1:25 p.m. in the parking lot of a business in the Town of Bainbridge, Guzy killed Derek D. Prindle by shooting him in the chest with a .25 caliber Beretta Jetfire semi-automatic handgun.
Guzy was present in the courthouse at 9 a.m. for the bench trial, accompanied by his attorney, Benjamin Bergman of the Jackson Bergman law firm out of the Binghamton area.
Chenango County District Attorney Joseph McBride represented the people on this matter.
McBride began first with opening statements, while Bergman and Guzy opted to not give an opening statement.
“On October 27, 2014, the defendant, a retired New York City Police Officer and currently working at the jail, while intoxicated got in his car with a loaded .25 caliber beretta. He left his residence with intent of causing trouble. He crowded the bumper of the victims, who were going 51 miles per hour in a 55 mile per hour zone,” said McBride. “The defendant passed the vehicle and abruptly stopped and blocked their path before continuing again. Derek S. Prindle directed him to go to Peak Fitness parking lot to discuss the problem.”
At this time, McBride continued to explain that Guzy arrived at the parking lot before the vehicle carrying both the victims.
“Guzy got out and did not identify himself as a current correctional officer. He said 'What is your (expletive) problem, and spit in the face of Derek S. Prindle. At this time, Derek S. Prindle, the passenger, got out of his vehicle and Mr. Guzy said 'I will kill you, I will (expletive) kill both of you. At no time did he say he had a loaded gun,” said McBride.
McBride alleged in his opening statement that a tussle between Guzy and Derek S. Prindle occurred and that Guzy put his loaded handgun into the side of Derek S. Prindle. and discharged the weapon before turning to Derek D. Prindle and engaging him in a manner of “pistol whipping.” Guzy allegedly beat Derek D. Prindle five to six times in the head before discharging the weapon twice into his chest, killing him.
McBride further explained that Guzy then drove himself to State Police barracks Troop C in Sidney, and smeared the blood on his chin in an attempt to make it look as if he was injured. Guzy did allegedly have an injured hand from the sliding action of his handgun.
To complete his opening statements, McBride read verbatim each of the 17 indictments to the court.
“I’ll ask you to find him guilty after hearing all of the testimony,” said McBride.
Guzy and his attorney denied the right to give an opening statement. Instead, the first witness, Derek S. Prindle, was called to the stand and sworn in.
Derek S. Prindle, a retired union carpenter, began by saying, “Derek followed my footsteps. He was a good man. He was a good carpenter.”
Derek S. Prindle recalled his routine of that fateful morning, explaining that he and his son had eaten breakfast and were on their way to the local dump to return recyclables.
Derek S. Prindle made the court aware that he occasionally smoked marijuana due to back pain, and not wanting to take prescription drugs, and that his doctor was aware of the fact.
“My son was driving. He made me aware that someone was following us very closely. The vehicle pulled along side us for two to three seconds then passed us and slammed on his brakes,” said Derek S. Prindle. “He pulled ahead again and then slammed on his brakes again, blocking both lanes of the road. I could see his head bobbing in the mirror. We are peaceful men. We're peacemakers, so we pulled up and I indicated with my finger for him to pull over.”
Derek S. Prindle continued his account of the situation. “I though he was going to punch me, then I felt a searing sharp pain in my side – didn’t know if he stabbed me or hit me with a stun gun. I said ‘Derek help me,’ and he was already by my side.”
The father said his son struggled to restrain Guzy before falling to the ground.
“There was lots of blood. I knew he (Derek D. Prindle) needed me. He was hurt bad, more than I needed to hurt him(Guzy),” said Derek S. Prindle. “His eyes were fluttering and lips were quivering. I said ‘Please son, don’t die on me.”
Derek S. Prindle remembered that Guzy stood over him and his dying son for a brief moment before getting back into his vehicle and speeding away. As Guzy drove off, Derek S. Prindle said he was able to write the license plate number of Guzy's vehicle into the dust of his sons back windshield.
Derek S. Prindle was told by a New York State Trooper that his son had died while in the hospital.
McBride finished questioning the father by asking if Guzy ever identified himself as having a loaded weapon, or as being a retired law enforcement officer or current correctional officer, to which Derek S. Prindle replied he did not.
The 911 call that Derek S. Prindle placed at the time of the incident was then played before open court, followed by many exhibits of pictures taken of the area and wounds of the victims and defendant.
On the 911 call, Derek S. Prindle is heard saying, “My son is on the ground. A man shot him and assaulted us. Derek, Derek are you okay? I don’t think he is breathing ma'am.”
Bergman was then given a chance at cross examination. He asked Derek S. Prindle how often he ingests marijuana and to re-explain the details of the morning.
The father answered that his marijuana use was occasional. “I’d rather take marijuana than take Oxycodone,” he said.
“Did you ever say to your son, ‘keep driving?'” asked Bergman before stating some inconsistencies in the written statement that Derek S. Prindle made to the police, including the distance that Guzy was from the two victims.
Derek S. Prindle explained that he didn’t tell his son to keep driving at any point. Instead, he instructed both his son and Guzy to pull over to settle the matter peacefully.
“I thought perhaps if we stopped and I stepped out, and he saw me, that he wouldn’t act in such an aggressive manor,” said Derek S. Prindle. “My son came to defend me; he was there to help his dad. My son is not a fighter."
Bergman alleged that Derek S. Prindle stated after the incident that Guzy stuck the gun to the back of his head and stood over him after shooting his son, causing a small bump on the crown of his head. Bergman then instructed Derek S. Prindle to read the entire police transcript.
Derek S. Prindle admitted that it was mere speculation that Guzy stuck the gun to his head causing the bump, and that he didn’t actually see a gun during the struggle.
Bergman then questioned Derek S. Prindle on his intentions of previously telling the media that Guzy had killed people before, which Bergman alleged was mere speculation.
McBride re-crossed and stated that “through council you inferred that and due to you being mad, correct.”
Derek S. Prindle answered in the affirmative before stepping down from the witness stand. Court then entered recess.
The trial continued after the lunch recess at 1:15 p.m. hearing the testimony of seven more witnesses, one being the New York State Police Investigator who first saw Guzy when he arrived at the Troop C barracks.
The rest of the witness testimony from day one of the Guzy Trial will be reported in tomorrow’s edition of The Evening Sun.
The trial continues today in the Chenango County Courthouse at 9 a.m. in hopes of finishing the witness testimony.
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