NORWICH – The attempted murder-hate crime trial of a corrections officer who pointed his pistol at a black man on a Norwich City Street and shot him, after a night of drinking and racial threats, has ended with the judge ruling the prosecution failed to prove the defendant's intent beyond a reasonable doubt, finding him not guilty on all charges.

Following a three-day bench trial that began on Monday, Chenango County Court Judge Frank Revoir Jr. gave the verdict, finding Wayne Spratley, of Greene, not guilty on all five counts against him. For an incident took place at 3:30 a.m., July 19, 2015, in a parking lot along Lackawanna Avenue in Norwich.

The judge said Spratley “...was beyond disgusting and reprehensible and certainly dangerous."

After finding Spratley not guilty the judge called him “the luckiest man alive in Chenango County right now,” before adding he should never be allowed to own a firearm.

“The uncontradicted evidence presented is that you consumed alcohol, all while carrying a concealed firearm. Not only were you carrying a concealed fire arm, but you were displaying the firearm along with your correction officers badge claiming to be a police office, all the while making racially charged statements directed at the victim. Ultimately someone was shot, but thankfully no one perished,” said Revoir in court Thursday, adding “Under no circumstances should you ever have the right to carry a firearm...”

Revoir citing his reasons for the ruling said the prosecution had failed to establish a case beyond reasonable doubt.

Key factors to the not guilty verdict, said Defense Attorney Micheal E. Garzo, were changes in testimony by witnesses called by the prosecution, and the fact Spratley was being tackled when his gun went off, indicating a lack of intent.

He said some of the testimony had changed over time and came from individuals who were likely intoxicated during the incident or under the effects of drugs or alcohol.

“Even the victim admitted to using cocaine and drinking that night,” he said.

“This was an emotionally charged case,” said Garzo, “Judge Revoir should be commended for being able to put aside all emotion and focus on law.”

Each of the charges in the case required prosecutors to prove Spratley had the intent to kill or harm the victim.

Asked why Spratley was not also charged with additional offenses or lesser charges, District Attorney Joseph McBride responded by saying, “Because we took the position he is guilty of attempted murder and hate crimes.”

“The defendant states I am going to kill you, says the n-word, points a gun, -witnesses testified he was intoxicated, and then 4 - 5 minutes later the victim was shot. I think the evidence speaks for itself,” said McBride.

The DA said if he had the option, as federal prosecutors do, he would have objected to holding a bench trial in the case.

According to appellate court documents based on witness statements from the Third Judicial Department, on the night of July 19 the defendant, Wayne Spratley, of Greene was at a Norwich bar when he first ran into the victim while the two were trying to assist a female patron who was sick.

During the encounter, the “defendant, a corrections officer, flashed a badge, stating that he was an undercover cop on a 'special mission,' and that he was 'doing his civic duty.”

After helping the woman Spratley who is white, insisted on buying the victim, who is black, a drink at another nearby bar.

As the two walked to a bar known as The Tavern on Broad St. Spratley reportedly commented to the victim, “I hate black people but you, you're cool, and I think you will be my only black person friend,” stated the documents.

The two arrived at the bar after last call, and parted ways, with the victim going outside and Spratley remaining inside the bar. At about 3:15 a.m. as the bar was closing the defendant and victim would again encounter each other outside in a parking lot.

After leaving the bar Spratley approached a group of four people including the victim. The court reported witnesses said Spartley spoke with a woman in the group before asking for a ride home.

According to the court, at this time “[The] defendant requested a ride home and then suddenly pulled out a gun and displayed his correction officer badge, apparently in an effort to convince the bystanders that he was a trustworthy individual.”

“One of the individuals present told defendant to put the gun away and get out of there and, as defendant attempted to do so, the weapon fell to the ground. When the victim made a comment to defendant about his actions, defendant responded with a tirade of racial slurs directed solely at the victim,” reported the court, stating the defendant referred to the victim as “monkey,” and “slave,” along with much more offensive and harsher remarks.

During this point of the argument, the court said Spratley then started pointing his pistol at the victim.

According to the court, witnesses testimony reported that Spratley then threatened the life of the victim by saying, “What's it to you, n––––. . . . I'll kill you, I'll kill you.”

“With the victim clearly angered by this dialogue, others quickly intervened and attempted to distance the two from one another. Even while being led away from the front of the bar by one of the witnesses, defendant continued to antagonize and sling racial epithets at the victim. The victim followed and verbally responded to defendant's slurs, but, according to all involved, did not himself use racial epithets,” state the court document.

After being briefly separated by bystanders, with both men continuing to shout at one another and Spratley continually yelling racial slurs, the defendant then took up a standing-shooting position aiming his pistol directly at the victim, who was about three feet away, reported the court.

Witnesses reported Spratley saying, "What are you going to do, monkey?"

A moment later a friend of the defendant, apparently realizing the peril of the situation, attempted to intervene by tackling Spratley.

As the two men fell to the ground, the gun fired twice, with one round striking the victim in the abdomen.

It remains unclear if Spratley will lose his ability to own firearms or his job as a corrections officer. Officials contacted Thursday said those matters were still pending in other courts.

McBride said it was unlikely that any further charges would be filed in the case.

Pictured: (L-R) Norwich Detective Reuben Roach, Chenango County District Attorney Joe McBride, and Norwich Detective Mike Purdy.