West Side Highway biker assault case in judge's hands after closing arguments

NEW YORK (WABC) -- Closing arguments took place Friday in the trial of an NYPD officer over his role in the West Side Highway biker melee.

The case is about cell phone videos, GoPro video and pictures, and not a single witness who took the stand, including the victim, could point their finger at a particular defendant and say who did what.

The defendants haven't denied they were there, and it will be up to the judge, and not a jury, to decide their intent.

The lawyer for NYPD officer Wojiciech Braszczok argued that the victim's injuries were as bad as they looked and don't legally meet the burden of serious physical injury.

Attorney John Arlia downplayed Alexian Lien's appearance when he testified about the burden of the permanent scars above his eyes, saying, "In Brooklyn, it's a right of passage. You get cuts all the time."

The comments were made during a sometimes theatrical closing argument that included banging on desks as Arlia drove home his point.

"You have to look at the totality of the circumstance," he said. "You have to look at what's going on."

And what was going on at the time was that the 34-year-old detective had just seen Lien roll over a biker on the West Side Highway with his 4,000-pound Range Rover.

"He has to live with his decision, but not behind bars," Arlia said.

Arlia admitted that the video of Braszczok striking the SUV is hard to watch and not his client's proudest moment, but he presented expert testimony that the rear window was cracked before the undercover officer hit it.

A similar argument was made from the defense for Robert Sims, with attorney Omar Almenazar arguing that Sims can legally make a citizen's arrest.

"He's not trying to join in on a gang assault," Almenazar said. "Our position is that Robert was not intending to pull Roslyn out of the car. He was intending to get the keys out of the car an have that car shut off."

Assistant District Attorney Joshua Steinglass spent more than an hour hammering away at Braszczok's defense.

"Most shockingly, the defendant admitted on the stand to lying point blank to several different people," he said. "He's so arrogant, he can't admit the facts that are obvious to everyone."

The judge will render his verdict Tuesday morning.