Attorney for Jose Gonzalez, accused in the killing of FDNY EMT Yadira Arroyo, tries unsuccessfully to get case dismissed

Defense asks for mistrial for man accused of fatally running over EMT

NEW YORK -- There were gasps in the courtroom on Thursday, the second day of the trial against the man accused of fatally running over FDNY EMT Yadira Arroyo with her own ambulance.

The case had already been delayed nearly six years following her death, and the defense again asked the judge to declare a mistrial.

A good Samaritan and four members of law enforcement took the stand, detailing how they apprehended Jose Gonzalez on March 16, 2017, at White Plains Road and Watson Avenue in the Bronx.

READ MORETrial of Jose Gonzalez, accused of killing FDNY EMT Yadira Arroyo with her own ambulance, begins

The jury watched videos for the second day of Gonzalez allegedly hijacking Arroyo's ambulance and running her over with it, killing her.

Prosecutors say Arroyo had been outside checking on a man Gonzalez robbed.

"She tried to fight him. She knew if he continued behind the wheel, he would kill many others," said A.J. Hernandez, Arroyo's uncle.

FLASHBACKFDNY colleagues, family & friends pay final respects to EMT Yadira Arroyo

After testimony, Arroyo's family gasped in the courtroom when the defense asked the judge to dismiss the trial.

Gonzalez was quiet as his attorney argued that the "nature of the jury that's ultimately available" is "unfair," because others who could have served had to bow out due to jobs that wouldn't pay if they missed work.

"It's not only outrageous and ridiculous, but inhumane," Hernandez said of the move.

"Annoyed it's six years to get us to where we are today. It just reopens that wound," said John Ruden, executive officer of the Uniformed EMTs Paramedics and Fire Inspectors.

The judge denied the motion to dismiss.

FLASHBACKFather of suspect in EMT's death says son was bipolar, system failed him

Prosecutors say toxicology reports from the day of the incident show Gonzalez had marijuana and PCP in his system, and that evidence will show he knew what he was doing.

Arroyo's longtime partner, Monique Williams, who is heard on the videos screaming, is expected to testify next week.

Gonzalez's attorney and his father declined to comment on camera, but his father told CBS2 off camera, "There's a lot of loose ends that need to be looked into."

"She is long overdue justice. Her mother continues to suffer. Her five boys continue to be under their rock in pain and it's just not just," Hernandez said.

Gonzalez faces charges of murder, manslaughter and vehicular manslaughter.

The trial resumes Tuesday.

FDNY Commissioner Laura Kavanagh tweeted Thursday, in part, "Her loved ones and the entire FDNY family have been waiting a long time for justice, and I am thinking of them as this case finally gets underway. As a department, we must continue to do everything in our power to increase the safety of our members."

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