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Officer Holly's partner takes the stand, questioned by the defense

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PHOENIX (KSAZ) - He's accused of shooting and killing a Glendale Police officer, his lawyers say it was actually the officer's partner who fired the fatal shot.

Was a Glendale Police officer killed by friendly fire and not by the man who is on trial for his murder? That is what Bryan Hulsey's lawyer claims.

The accused cop-killer is on trial for killing Officer Anthony Holly in 2007. Holly's partner, then Officer Gaitia, is now a Detective with the Glendale Police Department.

Det. Gaitia took the stand and was questioned by the defense.

"I don't know how many I fired," said Goitia.

Glendale Police Detective David Goitia told jurors he wasn't counting rounds when defendant Bryan Hulsey opened fire on him and his backup officer Anthony Holly during a traffic stop in 2007.

"When the defendant started shooting at us, that caused me to not stop or take note of how many rounds I had to fire back to stop him, I was focused on stopping him," said Goitia.

Goitia said he pulled over the car for speeding and not being able to see a license plate or temporary registration. Inside were two women and Bryan Hulsey. Goitia said he arrested the driver of the car for a warrant, then they asked Hulsey to exit the car, which he did.

The defense claims that when Hulsey opened fire, Goitia returned fire striking Holly. The defense attorney asked Goitia if he knew where his bullets landed. Goitia replied, "No."

But the detective was adamant that his bullets did not hit Holly.

"Not only was he not in my line of fire, he wasn't anywhere in the picture, I actually ran 40-50 feet to the south," said Goitia.

He says he didn't see Holly on the ground until the shooting ended, and he called to him.

"I did see movements, but he couldn't move to me," he said.

The trial expected to last until August, if convicted Hulsey faces the death penalty.

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