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Published on Wednesday, February 23, 2005
in the Tampa Tribune

Judge Refuses Bail In Traffic Stop Case

TAMPA - After hearing the testimony of a state trooper who was shot in the leg last month, a judge on Tuesday decided the man accused of pulling the trigger will remain in jail until his trial.

Darian Wright, 27, faces 13 charges related to the shooting Jan. 5. Judge Ron Ficarrotta held him without bail on the three most serious counts: attempted felony murder, armed burglary of a dwelling and attempted carjacking.

During a hearing Tuesday, Trooper Brandon McElderry, 30, said he was on patrol about 10 a.m. Jan. 5 when he saw a car with a paper license tag that had expired. He flashed his emergency lights, and the car pulled into a yard. McElderry said Wright got out of the car and ran.

After a block or two, a winded Wright stopped, he said. McElderry said he pulled out his can of pepper spray and told Wright to get on the ground. Instead, he said, Wright lunged at him and held him in a bear hug.

After spraying Wright in the face three or four times, McElderry said, Wright moved back. McElderry said he accidentally sprayed himself in the face and was temporarily blinded.

Still in a bear hug, the two hit the ground, McElderry said. Wright, McElderry said, reached for his service gun, a .40-caliber Beretta.

McElderry said he and Wright fought hard. Wright, he said, bit his face. McElderry said he, in turn, ripped at Wright's nose, tearing open the flesh. The gun fired.

``I heard it more than anything,'' McElderry said. ``Then, immediately following, I felt a sharp pain in my right side.''

Wright stood, McElderry said, and pointed the gun directly at him.

``I said, `It's all yours. Run,' '' McElderry told the judge.

Tampa police arrested Wright two blocks away.

As McElderry told the story, Wright broke into tears. At one point, he rested his face in his hands.

Wright's mother, sister and fiancee told the judge that, should he set bail, they would make sure Wright comes to every hearing and abides by all court orders.

Regardless, the judge declined to set bail on three charges.

After the hearing, McElderry expressed satisfaction that Wright would stay jailed. He said that while recalling the story in court, he tried not to relive it and thought of his family instead.

McElderry said he has a sharp recollection of the feeling of pepper spray in his eyes, struggling to stay in the fight and, ultimately, seeing his own blood.

``There's a handful of points that I probably won't get out of my head for a while,'' he said. ``I'm glad that I'm back at work and I'm here.''

After the hearing, Wright's sister, 33-year-old Taja, said she wants the trooper to know she thinks of him often.

``I prayed for him and his family,'' she said.

Wright said her brother wasn't taking his prescribed medication that day but she knows that is no excuse for his actions. She said he did panic, but she said McElderry remembers the facts incorrectly.

Taja Wright said McElderry discharged his pepper spray, then pulled his gun. When McElderry pulled the gun, she said, her brother became scared and lunged.

As the two struggled, Wright said, her brother was not the one who pulled the trigger. TAMPA - After hearing the testimony of a state trooper who was shot in the leg last month, a judge on Tuesday decided the man accused of pulling the trigger will remain in jail until his trial.

Darian Wright, 27, faces 13 charges related to the shooting Jan. 5. Judge Ron Ficarrotta held him without bail on the three most serious counts: attempted felony murder, armed burglary of a dwelling and attempted carjacking.

During a hearing Tuesday, Trooper Brandon McElderry, 30, said he was on patrol about 10 a.m. Jan. 5 when he saw a car with a paper license tag that had expired. He flashed his emergency lights, and the car pulled into a yard. McElderry said Wright got out of the car and ran.

After a block or two, a winded Wright stopped, he said. McElderry said he pulled out his can of pepper spray and told Wright to get on the ground. Instead, he said, Wright lunged at him and held him in a bear hug.

After spraying Wright in the face three or four times, McElderry said, Wright moved back. McElderry said he accidentally sprayed himself in the face and was temporarily blinded.

Still in a bear hug, the two hit the ground, McElderry said. Wright, McElderry said, reached for his service gun, a .40-caliber Beretta.

McElderry said he and Wright fought hard. Wright, he said, bit his face. McElderry said he, in turn, ripped at Wright's nose, tearing open the flesh. The gun fired.

``I heard it more than anything,'' McElderry said. ``Then, immediately following, I felt a sharp pain in my right side.''

Wright stood, McElderry said, and pointed the gun directly at him.

``I said, `It's all yours. Run,' '' McElderry told the judge.

Tampa police arrested Wright two blocks away.

As McElderry told the story, Wright broke into tears. At one point, he rested his face in his hands.

Wright's mother, sister and fiancee told the judge that, should he set bail, they would make sure Wright comes to every hearing and abides by all court orders.

Regardless, the judge declined to set bail on three charges.

After the hearing, McElderry expressed satisfaction that Wright would stay jailed. He said that while recalling the story in court, he tried not to relive it and thought of his family instead.

McElderry said he has a sharp recollection of the feeling of pepper spray in his eyes, struggling to stay in the fight and, ultimately, seeing his own blood.

``There's a handful of points that I probably won't get out of my head for a while,'' he said. ``I'm glad that I'm back at work and I'm here.''

After the hearing, Wright's sister, 33-year-old Taja, said she wants the trooper to know she thinks of him often.

``I prayed for him and his family,'' she said.

Wright said her brother wasn't taking his prescribed medication that day but she knows that is no excuse for his actions. She said he did panic, but she said McElderry remembers the facts incorrectly.

Taja Wright said McElderry discharged his pepper spray, then pulled his gun. When McElderry pulled the gun, she said, her brother became scared and lunged.

As the two struggled, Wright said, her brother was not the one who pulled the trigger.