Federal judge testifies about night he was shot

DETROIT (WJBK) - A federal judge shot in his own driveway during a robbery attempt on Detroit's northwest side. Now, more than a year later, the trial against the alleged shooter is underway.

Federal Judge Terrance Berg took the witness stand Tuesday.

"I don't know if I was starting to lose my balance or just getting worried at that point," Berg said. "And then the next thing that I knew, he shot me in the leg."

Able to tell his own terrifying story, Federal Judge Terrence Berg testified against his attacker inside Wayne County Circuit Court Tuesday.

"I started yelling 'Help I've been shot. Call 911,'" Berg said.

During the trial's first day, Berg looked over at 23-year-old Kevin Smith who is charged with five counts including armed robbery, assault with intent to murder and felony firearm.

Berg testified Tuesday that Smith walked up to him outside his Detroit home in March of 2015 while he was taking out the garbage.

"The other guy was hanging out there the whole time," he said. "Just kind of watching."

Berg says the men asked to come inside his home. He refused thinking of his wife and son inside. That was when Berg says Smith shot him from only three feet away.

"At that point my wife came out onto the porch," Berg said. "Got in car and *snap*"

"I said 'Don't run after them, because they have a gun,'" Berg said.

The defense on Tuesday waited to give opening statements after the prosecution has made its case. Prosecutors reminded the jury that friends of Smith's who have allegedly participated in several robberies with Smith, accepted plea deals - and will testify for the prosecution.

"What Judge Berg didn't know at that time is that he was one of many victims of the defendant," said the assistant Wayne County prosecutor.

Prosecutors say Smith went into an agreement with his friends to rob people showing text messages between the group. Also shown was surveillance video from other robberies.

But during Tuesday's cross-examination, Berg, unable to identify Smith as the man who shot him with 100 percent certainty.