BUFFALO, N.Y. (WIVB) - - The civil rights trial involving Two Buffalo Police Officers is now underway in federal court.
Detective Raymond Krug and Officer Joseph Wendel are accused of using excessive force against four Buffalo teenagers in May of 2009.
The trial, nine years in the making will focus on what happened to Donald Simon then 17, while he was handcuffed in the back seat of a Buffalo Police car.
Officer Raymond Krug is accused of shooting him with a BB gun. Officer Joseph Wendel is accused of encouraging Krug to do just that.
The key witness is a retired Buffalo Police Officer. Opening in federal court, prosecutors want to prove Raymond Krug and Joseph Wendel used excessive force against four teenagers.
Assistant u.S. Attorney Aaron Mango said Krug and Wendel "failed to use their power responsibly."
Meanwhile Attorney Terry Connors will represent Krug and Attorney Rodney Personius will represent Wendel.
Connors denys the event happened saying "he didn't shoot Donald Silmon with a BB gun. He never shot anyone with a bb gun. "
Meanwhile Personius will focus on the four teenagers motives, faced felony assault, reckless endangerment, and weapons charges.
The trial also will feature the testimony of Gregory Kwiatkowski, a retired Buffalo Police Lieutenant who was supervising Wendel and Krug that night.
He took a plea deal with prosecutors. We also heard from Silmon himself who took the witness stand.
He said one of his friends the BB gun into a crowd of people that night. He admitted to being scared and nervous, calling it a "dumb choice."
Prosecutors also showed photos of of the bb gun wounds that Silmon's mom took after he was released from the holding center that day. The two BPD officers are currently suspended with pay. If convicted, they face up to 10 years in prison.
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