13 WTHR IndianapolisDefense claims gun misfired in officer's shooting

Defense claims gun misfired in officer's shooting

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INDIANAPOLIS -

Attorneys for a man charged with killing an Indianapolis police officer say he shouldn't face the death penalty because his gun discharged accidentally.

The Indianapolis Star reports defense attorneys say in court documents that Thomas Hardy didn't intend to shoot Officer David Moore in January 2011.

Prosecutors are seeking the death penalty against 61-year-old Hardy, who was on parole at the time of the killing. In a motion seeking to dismiss the death penalty, Hardy's lawyers say the gun used to kill Moore has misfired in three out of four laboratory tests.

Moore's father, retired police officer Spencer Moore, says he doesn't think the alleged malfunction has any bearing on the case. Prosecutors dismissed the claims.

Moore died three days after he was shot during a traffic stop.

Information from: The Indianapolis Star

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