Trenton man shot at by police makes 1st court appearance

TRENTON -- A man who was shot at during a confrontation with a Trenton police officer will remain in jail pending a detention hearing later this week. Dwayne Derry, 52, faces charges for aggravated assault on a police officer, weapon possession,...

Trenton man shot at by police makes 1st court appearance

TRENTON -- A man who was shot at during a confrontation with a Trenton police officer will remain in jail pending a detention hearing later this week.

Dwayne Derry, 52, faces charges for aggravated assault on a police officer, weapon possession, resisting arrest, obstructing the law and drug offenses.

Derry made his initial court appearance via video Tuesday and is due back in court Thursday for a detention hearing. That's when it will be decided if Derry is released or held in custody pending his trial.

Authorities have said that the officer fired during a physical struggle with Derry, but he was not hit. The incident occurred around 8:40 p.m. Saturday during an operation by the department's Street Crimes Unit on North Hermitage Avenue.

The officer was not identified and no other details have been disclosed. The department's internal affairs unit and the Mercer County Prosecutor's Office are investigating, as is standard procedure.

"At the time of Derry's arrest, he was taken directly from the scene to the hospital," prosecutor's spokeswoman Casey DeBlasio said. "He was not shot.  He was treated and discharged from the hospital and taken to TPD."

Derry has retained Arun Lavine as his attorney. She declined to comment, saying she hasn't had a chance to speak with him in detail yet.

Derry's wife, Oweeta, said Derry was hit in the ear and accused police of covering up for themselves.

"My husband is in there suffering," she said outside the courthouse.

Derry, while on speakerphone with his wife, rated his pain level at a nine. He said his ear was still bleeding from his stitches being prematurely removed and his wrist and ribs hurt.

"They kicked me in the ribs and they didn't do no X-rays," he said. "People here say they were going to schedule for an X-ray because I told them I believe  my ribs are fractured because every time I take a deep breath, it hurts even more."

Oweeta Derry also has concerns that her husband is not being properly fed in jail. She says he has esophageal cancer and requires a special soft diet.

Cristina Rojas may be reached at crojas@njadvancemedia.com. Follow her on Twitter @CristinaRojasTT. Find NJ.com on Facebook.

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