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For roughly four hours on Tuesday, Durham police Officer Kelly Stewart was forced to relive his confrontation with a man accused of shooting him during a December 2012 traffic stop.  With the help of his gun as a prop, Stewart led jurors step-by-step through the moments up to 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.”

Carlos Riley Jr. is the suspect being accused of shooting Officer Stewart. Riley is being tried on charges of reckless driving, assault on a law enforcement officer causing serious injury, robbery with a dangerous weapon and assault on a law enforcement officer with a firearm.

Stewart was the first witness called by the prosecution and he described his fear, pain and panic after the gun went off very vividly.  Riley’s defense attorney, Alex Charns, is attempting to persuade the jury that Stewart shot himself in the course of the struggle.

However Stewart said that while he pulled his weapon, his finger was never on the trigger.


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