Jury clears Carlos Riley in Durham cop shooting trial
DURHAM (WTVD) -- After three days of deliberations, jurors found Carlos Riley, who was accused of shooting a Durham police officer, not guilty of all counts except for common law robbery.
Riley was accused of shooting Officer Kelly Stewart during a December, 2012 traffic stop that turned into an altercation. He was also charged with robbery for allegedly taking Stewart's gun and assault.
Durham Police Chief Jose L. Lopez Sr. released the following statement on behalf of the Durham Police Department in reference to the outcome of the trial:
"Although we're disappointed with today's verdict, we respect our justice system and the jury's decision. We will continue to protect and serve the citizens of Durham."
Riley was indicted by a Durham County grand jury in early 2013 on several charges that stemmed from the Dec. 18th incident.
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Authorities have said around 10:20 a.m. Officer Stewart stopped Riley, who was with two other men, near the Forest Point apartment complex on Forest Road near Guess Road and Broad Street. During a struggle, Stewart was shot in the leg.
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Authorities said Stewart's .45-caliber Smith and Wesson semi-automatic handgun was missing after the shooting. However; his badge, which had been missing, was recovered.
During closing arguments, his defense decided against putting forth any evidence after claiming throughout the almost two-week trial that Stewart shot himself in the leg during the struggle with the defendant.
Instead, Riley's attorney Alex Charns emphasized what he said was "missing evidence," and "missing witnesses" in this case.
"Don't you want to see the entry wound?" Charns said referring to the state failing to show photos of the gunshot wound.
ABC11 was at the scene shortly after the 2012 incident and captured a photo of the aftermath.
Shortly after the incident, a lawyer for Riley told ABC11 that the police officer was dressed in plain clothes, was driving an unmarked vehicle, and shot himself in the leg during an altercation with Riley after trying to pull him over.
In February 2014, Riley pleaded guilty to possession of a firearm by a felon in federal court and was sentenced to 10 years.
He has already served 32 months for that felony. He was sentenced Friday for the common law robbery conviction. With credit for time served, Riley will serve two more months for the robbery conviction.
Riley will then go to federal prison to serve the remainder of his sentence for felony possession of a firearm.
Riley originally faced six separate charges that included assault on a law enforcement officer with a deadly weapon, two counts of assault with a firearm on a law enforcement officer, assault on a law enforcement officer inflicting serious injury, robbery with a dangerous weapon, possession of a firearm by a convicted felon, and careless and reckless driving.
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