Andre Higgs is charged with killing his daughter's mother in front of a cop two years ago
NEWARK -- The last words Latrena May spoke before Andre Higgs fatally shot her in front of an East Orange cop were "officer, officer, officer," an assistant prosecutor told an Essex County jury Tuesday.
Latrena May. (Facebook)
But a defense attorney for Higgs, accused of killing the mother of his child in two years ago, implied the officer -- who shot Higgs -- escalated the situation that ultimately led her client to be charged in the woman's death.
Higgs, 45, of Watchung, is on trial on charges of murder, unlawful possession of a weapon, possession of a weapon for an unlawful purpose, endangering the welfare of a child and hindering in the May 1, 2015 killing of May, a 27-year-old teacher at Pride Academy Charter School.
The couple's 4-year-old daughter was inside May's home at the time of the shooting in East Orange, but was unharmed, authorities have said.
In openings Tuesday, Assistant Prosecutor Justin Edwab told the jury Higgs and May had been on the top steps of her Tremont Avenue home around 10:15 p.m. that evening when she flagged down a passing police officer.
That officer, Detective Kemon Lee, testified that after turning on his overhead lights and making a U-turn, he pulled up in front of the house and approached the pair, his gun unholstered.
He ordered May to come down the steps to him, he said.
"Before she could do so, (Higgs) stepped back and to the left of Ms. May, and pulled out a gun and shot her," Lee said.
Dr. Di Wang, an assistant medical examiner, testified that May was shot three times, one of the bullets puncturing both lungs and major arteries. He ruled her death a homicide.
Lee said he fired his own department-issued .40-caliber pistol nine times at Higgs, who retreated into the home and closed the door after being shot.
Edwab told the jury that officers arrested Higgs inside the home after an approximately hour-long standoff, and that investigators later found a .45-caliber pistol hidden in a hallway.
A ballistics expert would later identify that gun as a match to bullets recovered from May's body, he said.
But Remi Spencer, representing Higgs with co-counsel Joseph P. Rem Jr., told the jury in her opening remarks that Higgs only stands accused of the crime "because of the actions of a police officer."
Spencer argued the indictment was based solely on the one-sided grand jury testimony of Lee -- the only witness to May's death other than Higgs -- and urged jurors to give her client the benefit of the doubt he is entitled to under the law.
"Andre Higgs is innocent," she said, resting her hands on her client's shoulders.
Dashcam video from Lee's patrol car shown to the jury captured the officer firing his weapon, but does not show May's shooting.
In pre-trial proceedings Tuesday, defense attorneys unsuccessfully attempted to persuade Wigler to allow the defense to question Lee about prior shootings he had been involved in as a police officer.
Lee, who has spent nine years with the East Orange department, fired his weapon three times in three years, said Spencer, who noted in her opening remarks that the officer himself was investigated following the shooting.
The judge denied that request by the defense, saying the prior shootings -- and that of Higgs -- had been ruled justified by the state Attorney General's Office and weren't immediately relevant to the case at hand.
Wigler clarified following Tuesday's proceedings that the defense would be permitted to cross-examine Lee about his training and his department's regulations regarding firearms use.
After being hospitalized following the shooting, Higgs was released on $1 million bail in the form of two bonds, one of them covering equity in his Watchung home.
He was later returned to jail after being charged with drunk driving following a crash on the New Jersey Turnpike, which prompted Wigler to grant a request by prosecutors that Higgs' bail be posted entirely in cash.
The trial is expected to resume at 1:30 p.m. Wednesday.
Thomas Moriarty may be reached at tmoriarty@njadvancemedia.com. Follow him on Twitter at @ThomasDMoriarty. Find NJ.com on Facebook.