On Friday, a Pennsylvania court denied the appeal of a man convicted for shooting a Pennsylvania State Trooper. 

The lawyer handling Daniel Clary’s appeal tried to make the case that Clarly should have testified in his own defense at trial.

The court rejected the argument. 

Clary shot a state trooper in 2017 during a traffic stop on Route 33 in Northampton County. While undergoing a field sobriety test, Clary attempted to grab the handle of one officer’s gun.

Clary was tased and continue to resist arrest and grab for the officer’s weapon.

He then ran to his own vehicle, retrieved his own firearm, and shot at both officers, hitting one of them. 

Clary’s trial counsel contended that he was in fear for his life after being repeatedly tased by state troopers, court documents said. 

The injured trooper survived. 

Clary is serving a sentence of at least 42 years in prison.