Anthony Borrelli

aborrelli@pressconnects.com | @PSBABorrelli

The truck's driver began tailgating them on a rural Chenango County highway, then cut in front and hit the brakes, hard.

Derek S. Prindle, in the passenger seat of the SUV, wasn't sure of the problem. He signaled the truck's driver to pull over and told his 26-year-old son to follow into a fitness center parking lot.

The other driver, identified in Chenango County Court on Monday as John M. Guzy, stormed over to the unrolled passenger side window. He spat in the elder Prindle's face, and he told him: "I will kill you. I will ... kill both of you," according to testimony Monday in Guzy's murder trial.

Within moments, a violent struggle ended in the shooting death of Derek D. Prindle by Guzy's .25-caliber handgun and his father, 61-year-old Derek S. Prindle, shot in the torso and holding his fallen son in his arms.

Chenango County District Attorney Joseph McBride outlined that chilling scenario before Chenango County Judge Frank Revoir on Monday during his opening statement in Guzy's trial.

Revoir will decide whether Guzy, 57, of Bainbridge, is guilty of second-degree murder and 16 other charges in the Oct. 27, 2014, shootings outside Peak Fitness in Bainbridge. As the trial opened Monday, McBride argued the shootings were sparked by unprovoked road rage against unarmed victims — and carried out by a retired New York City police officer and then part-time Chenango County corrections officer who should have known better.

"He was the aggressor," McBride said in his opening statement.

Defense lawyer Ben Bergman waived his right to make an opening statement Monday, but argued in court the elder Prindle could have taken other steps to avoid a confrontation involving an unknown aggressive driver.

'Died in my arms'

During two hours of emotional testimony Monday, Derek S. Prindle, of Afton, recounted the moments before, during and after the shootings. He fought back sobs, and anger entered his voice at times. Revoir reminded Prindle several times to stick to facts and avoid personal commentary about Guzy during his testimony.

"My son died in my arms," Derek S. Prindle said in court. "It's hard for me to control my emotions."

His son had been driving a Hyundai SUV loaded with recyclables from their garage eastbound along Route 7 that day, he testified, traveling 51 miles per hour in a posted 55-mph zone, when Guzy's vehicle approached from behind.

Guzy pulled in front of them and hit the brakes, taking up both traffic lanes, and the elder Prindle rolled his window down and motioned for the Chevrolet Trailblazer to pull off the road. Next, they pulled into the fitness center lot and Derek S. Prindle rolled down the window, he said.

After Guzy spat in his face, Prindle said, he got out of the SUV to confront him. That's when he was shot, he said, describing the "shearing, sharp pain on my side."

Shooting survivor recounts deadly traffic dispute

Derek D. Prindle heard his father's cry for help. He got out of the driver's seat and began to struggle with Guzy, according to the elder Prindle's testimony. He said he kicked Guzy three times in the groin during the exchange before the 26-year-old was shot in the chest at close range, Derek S. Prindle testified.

A recorded 911 call played in court by McBride during Monday's testimony captured the elder Prindle's frantic pleas for aid in the moments after his son was shot.

"Please send help! My son's down," he shouted to the 911 dispatcher. "Derek, are you OK? I don't think he's breathing."

As emergency responders arrived to the parking lot and took the victims to the hospital, McBride said, Guzy drove to the New York State Police barracks in Sidney and threw his gun out the window of his Chevrolet Trailbazer along the way. The weapon was later found, he said, along with six unlicensed firearms during a search of Guzy's home.

McBride also said Guzy's blood alcohol content was registered at above the legal limit at 0.11 percent, after he arrived at the state police barracks.

After calling eight witnesses Monday, most of them patrons or staff members from Peak Fitness who encountered the Prindles in the parking lot after the shooting, McBride said he expects to rest his case by Wednesday morning.

If Revoir delivers a guilty verdict on the second-degree murder charge, Guzy could be sentenced to a maximum of 25 years to life in state prison.

During testimony in court Monday, Bergman centered most of his questioning on the alleged exchange between the Prindles and his client.

He said Derek S. Prindle had testified Guzy placed the gun to his head after shooting his son, but that allegation was not mentioned in a six-page statement the 61-year-old later gave to police. But, he said, Derek S. Prindle included that detail during a December 2014 interview with reporters on the courthouse steps after Guzy's arraignment.

Bergman also questioned why Derek S. Prindle didn't call 911 during the traffic dispute with his client, or why he didn't tell his son to simply drive away and avoid the parking lot confrontation entirely.

"In retrospect, I wish I had," Derek S. Prindle answered in court, "because (Guzy) wouldn't have murdered my son."

Follow Anthony Borrelli on Twitter @PSBABorrelli

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