Alleged Gas Thief, Shot By Police, Won't Face Assault Charge

A man who was shot by police after they say he tried to run over an officer was in court, Friday.

Police say it all started after a rash of gas thefts. Thell Terry is facing misdemeanor charges for the gas thefts, but the District Attorney's office says no other charges will be filed.

Terry has a deep scar in his shoulder. He says it's from the gunshot he received when an Oklahoma City police officer shot him back in February.

"I'm getting better, slowly," said Terry.

Officers say Terry was caught trying to siphon diesel fuel from a semi truck.  But when officers ordered him to stop, police say Terry jumped back into his truck and backed up, attempting to run the officer over. That's when the officer opened fire, hitting Terry once.

Terry is not currently in custody.  He was arraigned Friday on misdemeanor charges for trying to steal less than $500 worth of gas.

"It's just a petty crime and right now we're looking into if officers should have used deadly force in trying to shoot him," said Terry's attorney, David Slane.

Oklahoma City police say they have closed their investigation and turned everything over to the District Attorney.

The DA's office says it isn't filing any charges related to the alleged assault on the police officer.

"We don't believe the other charges will ever be filed because we don't believe it ever happened, but it's too early to tell at this time," said Slane.

The Oklahoma City Police Department says they have completed their internal investigation into the shooting.  And the officer who shot Terry is back at work.

2/9/2012 Related Story: Officer Shoots Suspected Gas Thief In Northwest OKC