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Assault & Battery Trial Begins

By: Lisa Ferrari
By: Lisa Ferrari

May 9, 2006

A Charlottesville jury began hearing testimony in the trial of a man shot by police during a struggle in 2004.

Kerry Cook faces charges of assaulting two police officers. Those two police officers took the stand today.

They testified they responded to Garrett Square for a domestic assault and encountered a belligerent and aggressive Kerry Cook.

The officers said a scuffle ensued. They said they only used their flashlights and batons to beat off Cook until Cook got one of the officer's in a choke hold and that officer responded by firing a single shot into Cook's side.

Both officers say Cook just kept fighting. He seemed unstoppable. A grand jury cleared the officers of any wrongdoing.

Cook's attorney said his client was fighting for his life and that he acted only out of survival and self-defense. Cook faces up to 12 years in prison if convicted of both counts of assaulting a police officer.

The trial is scheduled to last three days but attorneys say it may wrap up as early as tomorrow.


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