Murley tells during prelim of being shot

After hearing a Clinton police detective testify grippingly how he was shot at numerous times and how he has no feeling on the underside of one arm as a result, the man accused of shooting him was bound over Thursday to stand trial on two felony counts.
Associate District Judge Jill Weedon ordered the suspect, Alphonso Proa-Rios, now 41, of Clinton, to reappear May 21 at 1:30 p.m. for arraignment on charges of assault and battery with a deadly weapon and possession of a firearm after former conviction. He is being held in the Custer County Jail with no bond set in that case.
Since the shooting on Dec. 7, 2017, Proa-Rios has pled guilty to three felonies and three misdemeanors that Capt. Mike Murley was trying to arrest him for at the time of the shooting. The defendant received a 20-year sentence for those crimes.
Captain Murley, who described how he tried to engage Proa-Rios in a gun battle after being shot, was the principal witness at Thursday’s preliminary hearing which lasted only about an hour. At its conclusion Judge Weedon found there was sufficient evidence to hold the suspect for trial.
Under questioning by District Attorney Angela Marsee, Murley said the shootout began after Proa-Rios tried to run away from him on foot near S. Second Street and Hayes Avenue. The detective, who was in his police vehicle, said he tried to cut him off. Then, he continued, he said the suspect pulled out a gun and fired into his windshield.
“The first bullet hit about the center of my windshield,” said Murley.
Ms. Marsee asked him what he thought was happening.
“He’s trying to kill me,” answered the detective.
“What were you doing?” asked Marsee.
“At that point I tried to run over him,” said Murley.
By that point his vehicle, a Chevrolet Tahoe, was apparently rolling past the suspect. Marsee asked what the suspect was doing then.
“He’s firing through the passenger window,” replied Murley. He indicated he figured he had to get out of the vehicle.
Marsee asked how close Proa-Rios was. “His chest was above the mirror,” said Murley.
He said that as he was trying to exit the vehicle, he saw one bullet go through the insulation of his jacket. He said he tried to draw his own weapon but got hit in his left arm, the bullet hitting right at his elbow and going up into his bicep.
He continued, saying he got his weapon out and fired as many shots as he could, but by then he evidently had been hit in both arms.
Murley said he fired until his Glock pistol was empty. Asked how many rounds it held, he said, “I believe 13.”
Marsee asked him why he kept firing. “I was trying to defend myself,” he said.
Under further questioning, he said as he was trying to reload, Proa-Rios was walking back and fourth. Marsee asked what he was doing.
“I’m moving back and forth trying to find out why my hands are not working,” he responded. 
The only other witness who testified Thursday was Officer Chris Cloninger, who arrested Proa-Rios shortly after the shooting. Cloninger was also looking for the suspect that day and arrived quickly after Murley was shot. The detective, a 25-year veteran of the Clinton Police Department, said he held up his gun to show it was “locked back,” meaning empty, and pointed Cloninger in the direction Proa-Rios had gone.
Under questioning by Assistant District Attorney Dana Hada, the junior officer said when he drove up he could see several glasses broken out of Murley’s vehicle, a bullet hole in the windshield, and other glass lying in the street.
Asked what the detective was doing, Cloninger said he was near the Tahoe with “lots of blood” on him and appeared to be holding his torso.
He said he also saw Murley’s weapon and realized he had fired all the bullets it held.
The suspect was visible, said Cloninger, and he could see him holding a black handgun in his right hand. At that time he said it was pointed toward the ground, but Proa-Rios still had his finger inside the trigger mechanism.
Cloninger said he got out of his patrol car and the suspect started running away. He said he followed and drew his weapon, ordering him to stop. He caught him approximately three houses away.
“Did he ever point his weapon at you?” asked Ms. Hada.
“No mam,” answered Clonnger.
He said he ordered him to lie on the ground and he did, but with his hands under his body. The officer then ordered him to put his hands to his side and his feet in the air.
About then Detective Ray Hammans arrived to assist, as did Police Chief David Crabtree. Cloninger said it was Crabtree who handcuffed the suspect and put him in a patrol car.
Under cross-examination by defense attorney Larry Monard of Anadarko, Cloninger said he chased Proa-Rios approximately 100 to 150 feet before he gave up and lay down on the ground.