The criminal trial of a local man accused of assaulting two sheriff’s deputies ended last week in a hung jury, with jurors unable to reach a unanimous decision.
But prosecutors are planning to re-try Nathaniel Elder, who admitted to speeding away from the deputies, which briefly resulted in one of them being dragged by the car.
Elder contends he sped away after he was shot twice by Dep. Ryan Phillips. Phillips, however, contends he squeezed off the shots after the car began to move, causing him to slip out of the passenger side door.
Elder is charged with two felony counts of aggravated assault on a police officer, two felony counts of obstructing a police officer and one misdemeanor count of fleeing and attempting to elude a police officer.
The incident occurred Nov. 29 on County Line Road after deputies pulled over a car in which Elder was a passenger. As the driver got out of the car and was placed under arrest for possession of marijuana, Elder slipped over to the driver’s seat, whereupon a struggle ensued between Elder and the two deputies.
Dep. Phillips denied he was trying to kill Elder, saying he was only “trying to stop the threat” of Elder driving away.
“I was in fear for my life of getting run over by that car and getting pinned under it,” Phillips told the jury.
Elder told the jury that he also was scared, at first when Dep. Phillips pointed the gun at him.
“I pulled off because I was afraid he was going to try to kill me,” Elder told the jury. “And he almost did.”
Elder explained that after he left the area, he drove to his neighborhood a few minutes away and called a neighbor, asking the neighbor to call 911 for him.
The jury was shown a patrol car video of the incident that shows the entire incident, which ends with the car speeding away, ejecting Phillips from the open passenger’s side door.
The video camera was directly behind Elder’s car, so it does not show what happened inside the vehicle during the struggle.
Elder testified that when he and friend Paul Stewart were pulled over, they were going to the Food Lion grocery store on County Line Road. Stewart testified that he thought Elder needed to go there to get some firewood.
Elder was represented by defense attorney Daniel Kane. The case was prosecuted by Fayette County Assistant District Attorney Robert Smith.
