Fort Hood suspect kicked gun from officer's hand

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Associated Press

Posted on August 17, 2013 at 1:06 AM

Updated Saturday, Aug 17 at 1:31 AM

FORT HOOD, Texas (AP) — A police officer who responded to the 2009 Fort Hood shooting has testified that she remembers trying in vain to fire her weapon as she laying bleeding on the ground with the gunman standing over her.

Kimberly Munley on Friday recalled those seconds at the military trial of Maj. Nidal Hasan, who is accused of killing 13 people that day at the Texas military base in November 2009. The Army psychiatrist also is accused of wounding more than 30 others in the worst mass shooting ever on the U.S. military base. If convicted by the jury, composed of all military officers, Hasan could face the death penalty.

Munley said the shooter then kicked the gun from her hand. But then the shooter's gun malfunctioned and he stumbled back as one of Munley's fellow officers yelled, "Drop your weapon." The officer fired, and the gunman fell.

When asked if the man who tried to kill her was in the courtroom, Munley — who was shot three times — pointed to Hasan.

Hasan — who is acting as his own attorney — raised no objections and declined to ask any questions during Munley's testimony, which has largely been his strategy since the trial began last week. However, he stopped stroking his beard and put his hand down when Munley identified him as the shooter.

Hasan's lack of defense so far has allowed prosecutors to call more than 70 witnesses, indicating that the trial could wrap up far sooner than the months-long timeline originally announced by the judge, Col. Tara Osborn.

Prosecutors told Osborn on Friday that they have about 15 to 25 witnesses left, likely depending on what evidence and witnesses the judge allows. Such evidence includes references to Hasan Akbar, a Muslim soldier sentenced to death for attacking fellow soldiers in Kuwait during the 2003 Iraq invasion.

Prosecutor Col. Steve Henricks told a skeptical Osborn that Hasan had shown interest in Akbar's case and that prosecutors wanted to prove Hasan's attack was a "copycat." Henricks also said witnesses could include former classmates who heard Hasan talking about suicide bombers.

Hasan, an American-born Muslim, had wanted to argue that he carried out the shootings to defend the Taliban from American attacks. But the judge denied that request ahead of trial.

Since then, Hasan has said little to defend himself. The military defense attorneys ordered to help Hasan have accused him of trying to ensure a death sentence, though Hasan denied those claims.

Munley, the police officer, told jurors that she quickly spotted someone in Army clothing with a gun after arriving at the scene, a medical building on the Army post that had been crowded with soldiers preparing to deploy. She then heard her colleague, Sgt. Mark Todd, order the man to drop his weapon.

Munley said she saw a red laser flash across her eyes, and she began taking fire. She said the gunman was running and firing in her direction, so she took cover behind a building.

She was shot once in her right hand and twice in her right leg.

"I tried to continue to fire. My weapon would not fire. Some sort of malfunction in my weapon. I see him standing over me trying to shoot me," she testified.

She said Hasan then "kicked the weapon out of my hand." She said she crawled to regain her gun as Hasan was trying to fix his weapon when she heard Todd again order the gunman to drop his weapon. Todd then fired his gun, Munley said.

Earlier Friday, an FBI agent who searched Hasan's home after the shooting testified that the apartment was nearly empty.

Donna Cowling, who led a team to Hasan's apartment, said there was no furniture, only a card table, a prayer rug and a shredder. On the table was a package for a pistol laser sight, rubber bands and paper towels.

Witnesses have testified that Hasan stuffed paper towels in his pockets before the attack to muffle the sound of his ammunition.

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