Juries usually give police officers the benefit of the doubt when suspects are hurt or even killed during police operations. No police officer has been convicted for committing a homicide while on duty in New York City since 1977, when Officer Thomas Ryan was found guilty of criminally negligent homicide for beating a burglary suspect to death in the Bronx. Officer Livoti was the first officer indicted on a homicide charge for an action taken on duty since 1991.

The case caused an outcry in part because of the unusual circumstances surrounding the death of Mr. Baez and the fact that he had no criminal record. Friends and family members characterized him as a gentle man who met his wife while both worked as counselors at a Christian summer camp.

The fatal encounter began around 1 A.M. on Cameron Place while Mr. Baez, a security guard, who was back in the Bronx for a holiday visit, was playing football with three of his brothers and their friends. Two stray throws struck a police car, the Baez family and the police, after which Officer Livoti got out of his car and arrested one of Mr. Baez's brothers for disturbing the peace.

Mr. Baez first protested and then resisted his own arrest by crossing his arms on his chest as he leaned against a parked car, according to police officer who witnessed the incident. As Officer Livoti pulled Mr. Baez off the car, the victim collapsed, the police witnesses told the grand jury.

The Medical Examiner's office concluded that Mr. Baez died because of "compression of his neck and chest" as well as acute asthma.

In court yesterday, Nancy Borko, an assistant district attorney, said Officer Livoti displayed "a belligerent attitude" when he left his patrol car unaccompanied by other officers and began to arrest the Baez brothers. She said it was understandable that Mr. Baez complained that Officer Livoti was arresting someone for simply playing football. She also said that Mr. Baez's father ran out of his house to warn Officer Livoti to be careful of how he handled Mr. Baez because of his asthmatic condition.

"Family members yelled out, 'He's sick,' " Ms. Borko told Burton Roberts, the chief administrative judge in the Bronx Supreme Court, as she requested that he set a $20,000 bail. Then, she said, a number of witnesses quoted Officer Livoti as replying: "Good for him. Good for him, he has asthma."