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Ex-cop shies from witness stand

LAWRENCEVILLE -- Former Duluth police Officer Jay Dailey, accused of shooting another officer and assaulting bystanders in a bizarre drunken rage, elected not to testify in his ongoing trial this morning.

Dailey's defense rested without presenting evidence or witnesses about 11:30 a.m. in Gwinnett Superior Court. Dailey reserves the right to testify but declined to, his attorney said.

Closing arguments are expected to commence this afternoon, possibly putting the case in the hands of jurors by this evening. Testimony opened Tuesday afternoon.

Attorneys have said Dailey had long battled depression and alcoholism and went berserk Feb. 1, 2008 after downing a large quantity of vodka. Prosecutors say 21 shots were exchanged -- 17 by Dailey, who was shot in the hand.

Dailey faces more than 100 years in prison if convicted of all counts, which include aggravated assault against a peace officer, terroristic threats and battery for allegedly shooting Fulton County police Cpl. Paul Phillips and attacking bystanders.

Phillips, 39, stopped to help after a motorist flagged him down on Level Creek Road in Sugar Hill, about a mile from North Gwinnett High School. Phillips is on full disability retirement from the Fulton County force.