BIRMINGHAM, AL (WBRC) - A man accused of fatally shooting a Birmingham police officer appeared in court for a preliminary hearing on Tuesday.
Patrick Johnson, 40, is accused of shooting Officer Keary Hollis on May 10 at the Bush Boulevard Quick Mart. Hollis was off-duty at the time.
Investigator James Canino was the lone witness during the preliminary hearing.
Canino testified that Hollis was found to have been intoxicated at the time of the shooting. He says Hollis' blood level was at .10 and his urine was .14.
Canino also said there were 14 empty beer cans in Hollis' car, as well as an empty bottle of vodka.
"He had purchased alcohol earlier in the day and had came back to purchase more," Johnson's attorney Charles Salvagio said after the hearing.
"Of course, once we got the autopsy report on the blood level, we knew that we were right about that. And that's neither here nor there, but alcohol was involved in this. There's no question about it," Salvagio said.
Investigator Canino recalled the statements given by one witness about the shooting.
Canino told the court he had talked to Kevin Tellis, who had been selling DVDs out of his trunk at the store when the shooting happened.
According to Tellis, Johnson pulled up to the store on a blue and white sport bike and Hollis pulled up a short time later in a silver vehicle.
Hollis parked in front of a dumpster since no parking spaces were available.
Tellis told investigators that he and Hollis talked for a while. When Hollis decided to leave, his vehicle struck Johnson's bike.
Johnson saw the accident and started walking toward Hollis' vehicle while saying, "Don't do it. Don't do it. Don't pull off."
Canino says Tellis saw Johnson run toward Hollis' vehicle and start shooting as it drove away.
The vehicle then veered left and crashed into a building.
Canino said Hollis was likely killed instantaneously by a single shot to the head.
Johnson allegedly returned to his bike after firing the shots and asked for help to pick it up.
Tellis helped him and Johnson left. The bike was later found 1/8th of a mile up Bush Boulevard and a search warrant at Johnson's house found the bike title.
Cameras at the store captured part of the incident, but not the shooting.
According to Canino, Johnson was arrested at his home while his wife, two sons and a daughter were home. A U.S. Marshal spoke with Johnson's wife and one of his sons.
Johnson's attorneys asked Judge Clyde Jones to grant bond, but it was denied.
The judge said he considered Johnson's actions on that night to be out of control, and said the court considers him an extreme danger to society. He bound the case over the a grand jury.
Birmingham Police Chief A.C. Roper commented on the preliminary hearing during FOX6 News at Noon's Fighting Crime segment.
"The facts will be what the facts will be. So we'll let it play out in the criminal justice system," Roper said.
"The unfortunate reality is we still have a young man who lost his life and was the victim of a horrific crime when it was really senseless. So we know we have the right person in custody, who pulled the trigger, and so I'm sure his defense will have to come up with all the justifications on why they thought that was necessary," he added.