PHILADELPHIA (CBS) — A retrial for the man accused of shooting a Philadelphia police officer six years ago came to an abrupt halt on Thursday. The judge declared a mistral after the prosecution introduced a gun as evidence that turned out to be the wrong one.

The judge called the mistake “an inadvertent error.”

Philadelphia Police Officer Edward Davies was in a struggle with Eric Torres in 2013 when he shot the cop inside a bodega on 5th Street and Allegheny Avenue in North Philadelphia.

Davies is reminded everyday about the moment he was shot.

“I’m scarred from the neck to my feet still. Every day I have to look down and be remembered of what happened,” Davies said.

Torres was convicted in connection with the shooting but a superior court threw the case out because of evidence used in the trial that was taken from Torres’ home.

(credit: CBS3)

There was actually never a search warrant for the home.

Before this week’s retrial started, prosecutors were told not to use that evidence, but Assistant District Attorney Ed Jaramillo mistakenly took out a gun from an evidence box in open court, instead of the alleged .45 glock used in the shooting.

A mistrial was then declared.

Davies expressed his frustration outside the courtroom.

“I’m just disappointed. I want to put this behind me, now I gotta wait a month or two. I’m tired, I’m over it,” Davies said. “I don’t know what to say. It keeps going on and on.”

Prior to the mistrial, uniformed officers were barred from being in the courtroom to show support. This followed the judge granting a request from defense attorney Jonathon Strange.

Philadelphia Police Sgt. Matt Maguire, Officer Davies’ supervisor who is a 30-year veteran of the force, says this was the first time he’s ever seen uniformed police officers not allowed in the courtroom.

“Never in my existence as a police officer to not allow uniformed police officers in the courtroom. Never happened to me before,” Maguire explained. “I think in this day and age police aren’t being treated fairly.”

Despite his injuries, Davies is still working on the force. Another retrial is expected to start next month.

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