A man who is accused of killing Indianapolis Metro Police Officer David Moore in January 2011 asked prosecutors Wednesday to drop the death penalty against him.
Prosecutors said Thomas Hardy, 61, used a handgun to shoot and kill Officer Moore during a traffic stop.
Hardy’s attorney filed a motion to have the death penalty dismissed on grounds that the ballistics test conducted by the state indicated that the gun was defective, RTV6's Derrik Thomas reported.
"3 out of the 4 times they test fired it, it slam fired. We know the gun was defective. We know it was defective shortly after it was test fired by the state after the incident. That does affect the defense of the case. It would be an issue to consider determining (Hardy’s) intent if the gun was malfunctioning. "
The defense also cites serious credibility issues with a key prosecution witness. Hardy was arrested at the home of a woman named Penny Torrence, who, according to the defense, had been arrested as many as 85 times, used 6 aliases, and was paid at least $500 by a detective for information after Hardy's arrest.
Prosecutors said they weren’t deterred by this information.
"Obviously, in a case of this magnitude, you get a lot of motions filed by the defense. It's common and we will respond,” said Deputy Prosecutor Denise Robinson.
A hearing was scheduled for March 21 to thoroughly examine the gun evidence and the Torrence’s credibility.