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Police take gunfire during routine traffic stop
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By KEITH UPCHURCH

kupchurch@heraldsun.com; 419-6612

DURHAM -- A Durham man with a long criminal record has been charged with opening fire on two police officers during a routine traffic stop, police said.

The man, Elliott Josiah Pierce, 26, of Durham was shot by police and has been hospitalized.

Two people believed to have been with Pierce at the time he was stopped fled and are being sought by police.

Police said Pierce, 26, who has twice served prison time for felony possession of a weapon by a convicted felon, was a passenger in the car that officers tried to stop for a traffic violation Tuesday night.

Pierce was taken to Duke University Hospital for treatment of gunshot wounds to his abdomen and leg.

The officers were not injured, according to police spokeswoman Kammie Michael.

Pierce has been charged in the past with fleeing from police -- the charges were later dismissed -- and assault on a police officer/state employee. In addition, he has done prison time for felony larceny, assault on a police officer, receiving stolen goods and misdemeanor and felony drug charges.

He was in prison from May 14, 2007 to Oct. 6, 2007 for a series of convictions whose sentences ran concurrently. At the time of those convictions, he was on probation for a felony larceny conviction. Earlier, he was imprisoned from Aug. 12, 2005 to Nov. 16, 2005 on misdemeanor drug charges resulting from an Alamance County arrest.

In 2001, he was placed on probation on a 2000 charge of resisting a police officer in Durham.

This year, he was charged with failure to appear for Feb. 6 and March 12 court dates on driving while license revoked and possession of marijuana charges.

As recently as Aug. 7 he was arrested and charged as an habitual felon.

Michael said police are investigating the shooting, which happened about 10:40 p.m. near the intersection of Dearborn Drive and Ader Street in northeastern Durham.

Police officers David Waddell Jr. and Nicholas McGaughey tried to stop a Nissan Altima for a traffic violation. The vehicle stopped on Ader Street and a passenger got out and fired several shots at both officers, and the officers returned fire, Michael said.

The Altima was found abandoned a short distance away, she said. Officers on Wednesday were still looking for the driver of the car and another passenger they said was in Pierce's vehicle, both of whom fled during the shootout.

Pierce has been charged with two counts of assault with a deadly weapon on a law enforcement officer and two counts of assault with a deadly weapon with intent to kill related to Tuesday's incident. He is also facing a charge of possession of a firearm by a convicted felon for an incident that happened Aug. 11.

The shooting is being investigated by the State Bureau of Investigation and the Police Department's Professional Standards Division, which is standard procedure in officer-involved shootings. McGaughey and Waddell have been placed on administrative leave with pay, which is also standard procedure, Michael said.

McGaughey joined the department in January 2006 and Waddell has been an officer since January 2007. Both are patrol officers in District 2.

Anyone with information on the incident is asked to call Investigator Charles Sole at (919) 560-4440, ext. 29350, or CrimeStoppers at 683-1200. CrimeStoppers pays cash rewards for information leading to arrests in felony cases and callers do not have to identify themselves.

The Herald-Sun's Mark Donovan contributed to this report.
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