By Keith Upchurch
The Herald-Sun
DURHAM, N.C. — Carlos Riley Jr., accused of shooting a Durham police officer in the thigh during a traffic stop, pleaded guilty Monday to possession of a firearm by a felon, but has pleaded not guilty to other charges as his trial begins in Durham County Superior Court.
Riley has already pleaded guilty in federal court to a similar firearm-possession charge related to the traffic stop and is serving a 10-year sentence.
Defense attorney Alex Charns asked Judge James Roberson to sentence Riley at the end of his trial, and Assistant District Attorney Donya Strong wanted the sentence to be imposed immediately. But the judge opted to do neither, saying he’ll sentence Riley before the trial is over.
Jury selection was supposed to have begun Monday morning, but it was late afternoon before a pool of prospective jurors was brought into court to hear preliminary remarks by the judge. No jurors were chosen.
Riley, 23, is accused of shooting Durham police officer Kelly Stewart in the thigh during a traffic stop on Dec. 18, 2012. Stewart, who has been an officer since 2007, recovered and is still on the force. He was in court Monday.
Riley is charged with assault on an officer with a firearm, felony robbery with a dangerous weapon and reckless driving — charges that weren’t prosecuted in federal court. He had pleaded not guilty to those charges, claiming self-defense.
His supporters claim Stewart shot himself during a struggle with Riley and that Riley is a victim of racial profiling. Both men are black.
Police have denied repeatedly that they engage in racial profiling.
Riley admitted taking Stewart’s pistol from the officer during the traffic stop at Forest Pointe Apartments off Broad Street. The gun has not been found, prosecutors said Monday.
During a hearing in April, Charns told the judge his defense was hampered because of a court’s earlier ruling that Durham police aren’t required to turn over internal affairs files about Stewart. Charns said that left him in the dark about whether the officer was punished for his actions during the traffic stop, during which he allegedly threatened to shoot Riley.
“We would argue that Mr. Riley is actually the victim of police misconduct, whereas he’s now forced to defend himself because he decided he didn’t want to die that day (at the traffic stop),” Charns said at the April hearing. “So when the gun was pointed at him (by Officer Stewart,) he knocked that gun away and exercised his right to self-defense.”
Jury selection is expected to begin Tuesday.
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