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A judge has barred prosecutors from using statements by a man shot and wounded by a Shippensburg police officer after authorities said he stole a police vehicle and tried to run the officer down.

Thirty-eight-year-old Jeremiah Metcalf faces charges including aggravated assault and fleeing or attempting to elude officers following the Dec. 9 events in Shippensburg. His trial began with jury selection Monday in Cumberland County Court.

Shippensburg police were called to a construction-storage area at McCune Lumber on West Martin Street on Dec. 9 for a report of a suspicious vehicle parked there. They found Metcalf inside and say he wore no shoes or shirt, and his responses to the officer’s questions were slow.

But after he allowed them to search his car, Metcalf jumped into the police-marked Ford Explorer and took off. Video from the dash cams of both the stolen police car and the assisting officer who pursued him show the incident.

Authorities allege that Metcalf jumped into a police SUV and drove at Shippensburg police officer Andrew Cramer, who opened fire. Metclaf later told a state trooper that he believed the officer feared for his life. reports that the Franklin County judge agreed with public defender Sean Owen that the statement occurred after Metcalf sought an attorney. Owen has argued that his client had a mental breakdown and was trying to flee, not hurt anyone.

Cumberland County District Attorney David Freed ruled on Jan. 27 that Cramer was justified in his use of deadly force when he fired three bullets at Metcalf who allegedly tried to run him down in a stolen patrol vehicle in Shippensburg on Dec. 9.

Metcalf is charged with driving the stolen police SUV toward Cramer, who responded by firing three rounds from his police handgun at the vehicle, hitting Metcalf in the shoulder.

Metcalf was treated and eventually released from the Hershey Medical Center and is in the Cumberland County Prison on $200,000 bail for charges that include felony theft, receiving stolen property and flight to avoid apprehension.