Schertz, Texas, March 3, 2005

A Bulverde man facing his second prosecution over a gunbattle with a Schertz police officer eight years ago sought Tuesday to undermine the officer's claim that he shot in self-defense.

The officer shot 16 times at Michael P. Kennedy, hitting him in the back. Kennedy fired more than 45 bullets that didn't strike anyone.

Kennedy, now 57, pleaded guilty to aggravated assault on a peace officer in 2006 and was sentenced to 75 years in prison over the March 3, 2005, shootout with Schertz Patrolman Richard Kunz beside Interstate 35.

But an appeals court overturned the conviction in 2011, saying the sentencing judge erred in considering evidence that was improperly gathered from Kennedy's home.

Kennedy was reindicted and a trial began this week on charges of attempted capital murder of a peace officer and aggravated assault on a public servant. He remains in custody.

свернуть