Witness Contradicts Testimony in DPD Murder Trial

Payne takes the stand at 11 a.m.

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    NEWSLETTERS

    The man facing a capital murder charge in the fatal shooting of a Dallas police officer took the stand in his own defense Tuesday morning.

    Charles Payne, 29, testified that he heard a knock at his door and received no answer when he asked who was outside. He said he got the gun from underneath his couch, cracked the door open and said someone tried to kick in the door. Fearing someone was trying to rob and hurt him, Payne said he began firing through the door.

    Man Accused of Killing Dallas Officer Admits Firing Shots

    [DFW] Man Accused of Killing Dallas Officer Admits Firing Shots
    Charles Payne, who is on trial in the slaying of Senior Cpl. Norman Smith, takes the stand.

    He said he then cracked the door open again, heard a shot and then fired three more shots out the door.

    Outside, Senior Cpl. Norm Smith, who was there to serve a warrant on William Jobe, was struck once near the left eye.

    Charles Payne Takes the Stand

    [DFW] Charles Payne Takes the Stand
    A man accused of killing a Dallas police officer has taken the stand in his own defense. Charles Payne's lawyers have said Payne thought his apartment was being robbed when officers from a gang unit tried to enter and arrest another man on a warrant.

    Payne was inside his residence with his cousin, Jimmy Scarborough, and Jobe at the time. The three men insist that they didn't know police officers were on the other side of the door and that if they had, they willingly would have opened the door.

    Payne was allowed to address Smith's family.

    He looked at the jury and Smith's wife before apologizing. He said he has been suicidal knowing he killed an officer and since he's been in jail has been taking various medications including Celexa and Abilify -- both used to treat depression.

    Jobe Contradicts Previous Testimony

    Jobe, a witness to the shooting, said he lied when he told investigators he thought police officers were at the door.

    He said Monday that he initially lied to police because he felt pressured to cooperate because of his pending robbery case, according to a report by DallasNews.com.

    On Monday, a member of the gang unit testified that he never heard officers identify themselves prior to shots being fired. The officers that were at Payne's home that day said they identified themselves as soon as Payne opened the door.

    According to investigators, Payne didn't start firing until after opening the door.

    NBC DFW's Lindsay Wilcox and Susy Solis contributed to this report.