MOUNT VERNON — During the last day of testimony in the Scott Moore murder trial, he took the stand, which may have paid off for him after the jury found him not guilty.

Moore, a former special deputy with the Harlan County Sheriff’s Office and retired Kentucky State Police trooper, has been on trial for wanton murder since Monday in Rockcastle County Circuit Court. He is charged in the 2007 shooting death of Leslie Cox at Highsplint.

Cox, of Evarts, died July 3, 2007, at Holston Valley Medical Center in Kingsport, Tenn., from a gunshot wound to his head.

During a confrontation between Cox and Moore, Cox sustained a gunshot wound to his head at a pond at Highsplint.

Moore testified by saying “duty made me respond.”

Moore said on the night of the incident, he noticed lights near the pond at Highsplint, and went to check on the situation.

Moore and witnesses Willie Galloway and Marvin Short, who were at the pond, all testified saying Moore struck Cox only once and the gun had accidentally discharged due to the strike.

An expert witness for the commonwealth, Stephen Hughes, who is a Kentucky State Police firearms specialist, testified saying Moore’s SIG 9mm gun could not of discharged from striking Cox.

Hughes said the SIG type of gun had internal and external safeties that prevented the weapon from being accidentally discharged. He said the gun would not discharge from the light striking test he administered and the only way to fire it was for the trigger to be pulled.

The defense attorney for Moore brought into question the fact of what if the gun had been jammed as to what results of the tests would be. Hughes said the medium and heavy strike tests had not been performed. Hughes said those tests could have damaged the gun. Hughes also said it wouldn’t matter if the gun was jammed, it wouldn’t alter the test findings.

Numerous people testified during the trial. Some said he showed up at the scene with his arm in a sling from shoulder surgery and he wasn’t intoxicated, then some testified he showed up without the sling and he was intoxicated.

Moore said he hadn’t had any beer before he got there, but he said he drank beer afterwards.

Neither Moore or the Cox family would comment on the outcome.

(Enterprise News Editor Debbie Caldwell contributed to this report)