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CEDAR CITY, Utah (AP) -- A suspect's federal court lawsuit against the Highway Patrol trooper who shot him has been thrown out.
David Lynn Williams was shot three times by Trooper Jeff Bigler, who was attempting to arrest him for allegedly shooting at another trooper. For that 2002 incident, Williams is charged with attempted aggravated murder.
After being stopped on Interstate 15, Williams emerged from his vehicle with a gun and Bigler fired six rounds, hitting Williams twice in the head and once in the shoulder.
Williams claimed his gun was not pointed at Bigler and shooting him was excessive force, U-S District Judge Paul Cassell ruled Tuesday that the trooper did not have to find out if he was the fastest gun in the West by waiting until Williams raised his gun.
(Copyright 2005 by The Associated Press. All Rights Reserved.)