Smartphone video plays crucial role in trial of LMPD officer acc - WDRB 41 Louisville News

Smartphone video plays crucial role in trial of LMPD officer accused of official misconduct

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LOUISVILLE, Ky. (WDRB) -- A Louisville cop hit by a driver high on heroin is now on trial for his actions after the crash. 

Video from the other driver's smartphone may play a major role in the jury's verdict. 

Jurors saw that video on Wednesday, which includes screaming, cursing and -- at times -- a physical fallout between Louisville Metro Police Department officer Zach Aubrey and another driver, Justin Cook.

"Get out of the car," Aubrey yells in the video, before threatening to "knock you the [EXPLETIVE] out!"

"He had a gun, and I knew it wasn't going to be a good situation, so I turned my phone on and started to record," Cook said.

The wreck happened in June 2016 at the intersection of Taylorsville Road and Lowe Road. Aubrey claims Cook passed out behind the wheel, crossed into oncoming traffic and hit him while he was off-duty in his personal car. 

Witnesses called 911 reporting the officer's actions. 

Aubrey was charged with terroristic threatening, harassment and official misconduct. 

The defense blames Cook for the altercation. He's already a convicted felon and added a DUI for the heroin use that caused the crash. 

"Zach Aubrey got put into a strenuous situation and reacted the best he could, used the force he deemed appropriate under the circumstances to get this man off the road, and no injuries at all to Justin Cook," said Steve Schroering, Aubrey's defense attorney. "He is not guilty."

LMPD suspended Aubrey's police powers and put him on desk duty pending the outcome of this case. 

Testimony continues on Thursday.

Related Stories:

LMPD officer accused of kicking, cursing man after the two were involved in wreck

LMPD officer charged with terroristic threatening after internal investigation

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