Officer testifies to battle for gun during Durham traffic stop
For most of the day Tuesday, Durham police Officer Kelly Stewart relived the confrontation with a man accused of shooting him during a December 2012 traffic stop.
Posted — UpdatedUsing his gun as a prop, Stewart took jurors step-by-step through the moments before and after he was shot in the leg while on duty.
"We're fighting over the gun, fighting over the gun. I tried to bring it closer and we're fighting, fighting, fighting," Stewart told the court. "The gun discharged, and I received a gunshot wound to my right thigh."
"Mr. Riley still had a gun pointed at me," Stewart said. "I'm still telling him anything he wants to hear. 'I'm sorry. I'm sorry. Please don't shoot me again.'"
In cross-examining Stewart, Charns challenged his actions before and after the shooting.
"You were operating off the books," he told Stewart. "You didn't radio in the traffic stop. You didn't fill out a report on the traffic stop."
"I was in the hospital recovering from a gunshot wound," Stewart countered.
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