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Cop Takes The Fifth During Civil Trial

(CBS) -- A man says an off-duty Chicago police officer with a history of complaints shot him.

On Tuesday, those two nearly came face to face in court.

At issue: a $90 million civil lawsuit against the city.

Mike LaPorta's day began with a challenge -- to get to the courtroom without facing the person he says shot him, Chicago police officer Patrick Kelly.

Kelly allegedly refused to move from his seat outside the courtroom when asked. So, court recessed and security helped LaPorta through a back door.

In 2010, Kelly reported the shooting as an attempted suicide. The two former friends had been out drinking and were at Kelly's house when LaPorta was shot in the head with Kelly's gun.

In court, LaPorta told jurors Kelly started hitting his own dog, so he was starting to leave and there was a click.

"He shot me. I know he shot me," LaPorta said.

Kelly still wasn't talking. On the stand for 10 minutes Tuesday, he took the 5th.

He wouldn't answer whether he removed evidence; urinated on his hands before they were tested for gunshot residue; or if he pulled the trigger.

After he left court, a stand-in read from Kelly's old deposition. In that statement, he said LaPorta shot himself and he saw LaPorta put the gun to his head.  Kelly said he heard a click, a misfire, then tried to stop him.

LaPorta, who has spent years in rehab, is suing the city of Chicago for $90 million -- in part because they kept Kelly on the job, despite numerous complaints.

Kelly still has police powers, but is on administrative duty.

One expert testified about 98 percent of officers have fewer complaints than Kelly, who has more than two dozen.

The city just settled a $500,000 case this summer against Kelly, who allegedly used a stun gun on a pregnant woman. She ended up miscarrying.

The federal trial is expected to last another week.

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