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TERRY TRIAL: The jury is now deliberating in the case of a man accused of being drunk when he hit and seriously injured a Des Moines police officer

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A Polk County jury is now deciding the guilt or innocence of a North Carolina man on trial for seriously injuring a Des Moines police officer.

Keith Terry is charged with running over a Des Moines police officer directing traffic at the Iowa State Fair last year. At the time, prosecutors say Terry had a blood alcohol content of .264, more than double the legal limit. They claim that by proving that Terry was drunk, they prove he was driving recklessly.

No one is disputing the fact that Officer Phoukham Tran suffered serious injuries. But Terry’s defense says he had a green light and Tran turned his back to traffic when the accident happened.

“He didn’t take a bullet for the crowd. He made a mistake when he stepped in front of a moving truck that had a green light,” says Terry’s defense attorney Darren Page.

“He was where he was supposed to be, doing what he was supposed to do. But it was too late. Mr. Terry could not have stopped his Ford F 350 because at that time 26% of his blood was alcohol,” said assistant Polk County Attorney David Porter.

Testimony lasted for three days. The prosecution called 21 witnesses while Terry’s defense called only one.

We will bring you the verdict as soon as it comes down.