An Iraq war veteran testified Monday that a deputy ordered him to get up from the ground twice after a car chase and then shot him three times when he tried to comply.
Senior Airman Elio Carrion said the deputy swore repeatedly at him as he tried to explain that he was in the U.S. military and was not a threat as he lay near the passenger-side door.
"I said, 'I'm in the military, I'm in the (expletive) military. Believe me, we mean you no harm,"' Carrion testified. "And the officer says, 'OK, get up' and I repeat that I'm going to get up, and as I get up, he shoots me."
Former San Bernadino Sheriff's Deputy Ivory J. Webb Jr., 46, has pleaded not guilty to felony charges of voluntary attempted manslaughter and assault with a firearm. If convicted, he could face more than 18 years in prison.
Deputy District Attorney Lewis Cope replayed an amateur video of the Jan. 29, 2006, shooting recorded by a bystander.
Carrion, 23, showed no emotion as he watched the footage that showed him being shot in the chest, left leg and left shoulder.
Webb's lawyer said during the trial's opening statements that Webb may have told Carrion, "Don't get up!"
He also said that just seconds before the gunfire, Carrion's hand moved toward his jacket pocket - something police often believe means a suspect is going for a weapon.
Authorities later determined Carrion was unarmed.
Carrion testified that Webb never told him to stay on the ground.
He said that in the minutes after the shooting, he thought he was going to die and struggled to stay conscious. The video shows him face-down on the street and his hands cuffed behind him, as more police cars arrive.
He recalled asking other deputies why Webb had shot him.
"There was one time when someone asked me if I was OK. I said 'yeah.' I said, I believe, 'Why did he shoot me? He told me to get up and he shot me three times,"' Carrion testified.
Carrion did not remember if the person replied.
Carrion testified earlier that he began the night at a barbecue held in his honor as he prepared to return to his base in Louisiana after a 30-day leave from Iraq.
Carrion and Luis Escobedo left the party. Both had been drinking, and soon a deputy was in pursuit as the Corvette reached speeds of 100 mph (160.9 kph).
Carrion said he begged his friend to pull over after noticing a patrol car behind them. Escobedo lost control, crashed into a concrete wall, went into a spin and ended up hood-to-hood with Webb's patrol car, Carrion said.