DALLAS — A Dallas County jury on Monday will hear opening arguments against a former Mesquite Police officer, now facing his second trial in less than one year.
A jury last fall could not come to a verdict in the aggravated assault with a deadly weapon trial against Derick Wiley.
Wiley is accused of shooting an unarmed man during what he thought was a stranded motorist call in the 1300 block of South Town East Boulevard in Mesquite on November 8, 2017.
Lyndo Jones survived after being shot twice, once in the back and once with a bullet that entered his stomach.
During the first trial in September 2018, Wiley acknowledged that Jones didn’t have a weapon and wasn’t trying to hurt him. He testified, though, that when he pulled the trigger, he thought Jones had a weapon.
"It was in a split second, and I told myself, ‘Derrick, do not die out here,'" Wiley testified on Monday. "It was an instant moment of fear, I thought I might die out there."
Aggravated assault with a deadly weapon by a public servant is a first-degree felony, punishable by 5-99 years in state prison or life.