Attorney says Durham police officer shot himself

Durham, N.C. — A gunshot wound that injured a Durham police officer was self-inflicted, an attorney for the man charged in the shooting said Wednesday during a first court appearance for his client.

Durham police say Officer Kelly A. Stewart was shot in the leg during a struggle at a traffic stop on Forest Road Tuesday morning.

Carlos Antonio Riley Jr., 21, was taken into custody Tuesday afternoon after a nearly three-hour manhunt and was later charged with assault on a law enforcement officer causing serious injury, robbery with a dangerous weapon and possession of a firearm by a convicted felon.

But his attorney said Wednesday that Stewart, who was not in uniform, pulled up with his lights and siren on, got out of the car and was screaming expletives at Riley.

Stewart injured himself with his own gun, the attorney said.

Riley's father, who was present for the first court appearance, would not talk about specifics of the case.

"You heard the lawyer, his side of the story," Carlos Riley Sr. said. "The truth will prevail. It's in God's hands. That's all I can say."

Patricia Riley said her grandson has been trying to get back on the right path after a larceny conviction and several drug-related charges over the past few years.

"(I'm in) disbelief," she said. "That's not my grandson at all."

Carlos Riley Jr., meanwhile, remains in the Durham County jail under a $1 million bond.

Stewart, 26, has been a Durham police officer since July 2007, a police spokeswoman said.

Police are still looking for his badge and .45-caliber Smith & Wesson semi-automatic handgun, which were stolen in the shooting.

Anyone with information that could help lead to the recovery of the gun and the badge is asked to call Crime Stoppers at 919-683-1200.

Crime Stoppers pays cash rewards for information leading to arrests in felony cases, and callers never have to identify themselves.

Kammie Michael, a spokeswoman for the police department, said Kelly Stewart is not the Durham police officer who was fired for drunken driving while on duty.

That officer, Kevin A. Stewart, was dismissed in December 2010 and had been with the police department for nearly two years, Michael said.

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Latest Comments

Obviously Raynor has gone to the police academy You people dont remember that cops are normal,average people, they are not Gods, so dont expect them to have strength like one I personally have been through the academy and know officers are taught how to handle themselves, but you werent there so you dont know exactly it happened

cynicaljill
December 21, 2012 5:28 p.m.

People actually believe this defense attorney? Seriously? HAHAHA

It's the word of an experienced police officer vs someone with "a larceny conviction and several drug-related charges over the past few years."

Was the cop a Barney Fife who couldn't get his gun out? Was he struggling with himself? Why did Riley run instead of helping the wounded officer, or at least hang around for EMS?

hp277
December 21, 2012 5:26 p.m.

I see this Officer is gonna get off, due to the suspect's "already" criminal history. FYI, I know ppl that's had 2 prove DCPD 2 be wrong (& they DID), so even an Officer's credibility is questionable 2 me. THIS IS "MY" OPINION btw.

raynorteresa
December 21, 2012 11:37 a.m.

To all of u that is saying the Officer did NOT make this up... yea right. I said last night, this story sounded fishy...& still does. Im glad he's ok, but come on, how u LET some1 get n contact with YOUR gun & badge...come on ppl. I don't think the suspect did that. I think the Officer was def involved n this somehow.

raynorteresa
December 21, 2012 11:33 a.m.

To hp277, I guess in your mind it's totally implausible that a police officer is capable of shooting himself accidentally? And if he did do you think for one minute he would say that he did? Of course this criminal should be held accountable for his actions, but we don't know all of the facts and counting on all police officers to be totally honest all the time is almost as bad as believing that someone who is accused of a crime is guilty! Let the accused go done for what he actually did all while keeping in mind that police officers are human and capable of not telling the truth too.

tab580642
December 20, 2012 5:05 p.m.