SAN BERNARDINO – An attorney representing a former sheriff's deputy accused of shooting an Iraq war veteran after a high-speed chase said the victim ignored repeated orders to stay on the ground and keep his hands down.

During his opening statement, defense attorney Michael Schwartz told jurors Tuesday that Senior Airman Elio Carrion didn't listen to 15 different orders from former sheriff's deputy Ivory Webb.

Carrion instead briefly sat up against the car's open door and reached toward Webb's weapon with his hands, the lawyer said.

Schwartz said that just before the shooting, Carrion's hand moved toward his jacket – something deputies are trained to believe means a suspect is going for a weapon.

“He felt this was it. He wasn't going to make it home tonight, and he had less than two or three seconds to make a decision, by himself,” Schwartz said. “The nightmare that has been this case for my client began this night, on January 29th, 2006.”

Webb, 46, has pleaded not guilty to attempted voluntary manslaughter and assault with a firearm, both felonies. He is free on bail.

Prosecutors have a different take on what happened during the shooting that was captured on amateur video and broadcast nationwide.

Deputy District Attorney Lewis Cope said during his opening statements that Webb told Chino police that Carrion “'started to come at me.'”

Later, however, Webb told authorities he believed Carrion was reaching for a gun in his jacket pocket. Carrion was later found to be unarmed.