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(KSL News) -- An aggravated assault suspect will stand trial for a shooting involving an Orem police officer.
Attorneys for David Burns were arguing Burns wasn't technically a prisoner. They said officers never had Burns under control when he allegedly wounded an officer.
But a judge has ruled Burns knew he was being arrested. Burns is accused of shooting Orem Police Lieutenant Phil Murphy with the officer's own gun, as he tried to resist arrest.
The arraignment hearing will begin next week.