Victim Takes Stand in Former Duluth Cop's Trial

Powerful testimony was heard Wednesday in the trial of a former Duluth police officer who is accused of shooting a fellow officer in a bizarre series of events. A lawyer for Jay Dailey says he was so intoxicated on the day in question that he remembers almost nothing about the attack.

On Wednesday, jurors heard from Fulton County Police Corporal Paul Phillips-- the officer Dailey is accused of shooting-- as well as a woman he’s accused of attacking and threatening during the same drunken rampage.

Dailey, 44, faces more than 100 years in prison if convicted. The former officer is charged with four counts of aggravated assault, two counts of battery, four counts of possession of a weapon during the commission of a felony and one count of terroristic threats.

On February 1, 2008, prosecutors say Dailey attacked a female driver he had never met on a roadside in Sugar Hill. Investigators said Dailey told them he had been drinking and crashed his car, and then he flagged down the woman and asked her to call 911.

So far, nearly every witness in the case has said Dailey looked like an undercover cop on the day of the incident. They say he was wearing plain clothes, a bullet-proof vest, a police badge and radio and other gear.

While Dailey’s attoey says he remembers almost nothing from the incident, the woman he is accused of attacking says she’ll never forget him. She claims he was begging for help when she stopped on the side of the road, and then he tued on her when she was about to dial 911. The woman says he pepper sprayed her, temporarily blinding her.

About that time, Cpl. Phillips pulled up in his patrol car. He told the court he thought Dailey was undercover, but then he opened fire. Cpl. Phillips fired back, hitting Dailey in the hand.

”He said, ‘I’m a cop, I’m a drunk cop, but I’m a cop,’ Cpl. Phillips recalled.

According to investigators, Dailey was dressed in civilian clothes and was off-duty at the time of the incident. The 44 year old had no criminal record prior to the incident, but he does have a history of depression and alcoholism.

Dailey has spent more than two years in the Gwinnett County Jail, where he has been held without bond. Later this week, he’ll get the chance to tell his version of the story in court.