Former Duluth police officer Jay Dailey fired 16 rounds at an off-duty Fulton County officer and was still pulling the trigger on his empty pistol before being subdued, a detective said Tuesday.

Fulton officer Paul Phillips returned only four rounds, said Gwinnett County police Detective Shelly Millsap, who testified in a preliminary hearing.

Vino Wong/AJC (ENLARGE)

Duluth Police officer Jay Dailey.

Previously: Off-duty Duluth police Officer Jay Dailey is arrested after shooting a Fulton officer. The latest: Dailey is fired. His case is bound over to Superior Court. Next: Dailey's lawyer may seek bond. A grand jury will decide whether to indict. RELATED LINK: • Photos • More Gwinnett news

The shootout left Dailey and Phillips wounded on a two-lane road and and culminated a bizarre series of events in the small town of Sugar Hill.

Dailey's memory appeared disjointed when detectives questioned him at the hospital, Millsaps said. Dailey allegedly admitted he had been drinking, remembered wrecking his car and thought he recalled shooting a police officer.

"He made a motion as if pulling a trigger and said his finger was tired," Millsap said.

When he was arrested, Dailey had a handgun tucked into the rear of his waistband and another stashed in his front pocket.

Detectives eventually pieced together what happened that day after talking to the victims and witnesses. Millsap, the only witness at the preliminary hearing, gave this account of the shootout on Level Creek Road:

Dailey was off duty when he flagged down a female motorist, who said she'd never met him before. He slumped over and grabbed his stomach, claiming he was injured. The officer wore jeans, a green knit shirt and a bulletproof vest and flashed a police badge.

When the woman started to call 911 on her cell phone, Dailey grew agitated and sprayed her with pepper spray. He reached through the car window, struggled with her over the phone and threatened to kill her, saying "you're ruining my life now."

Dailey is also accused of pointing a gun at two passing motorists. One of the motorists continued down the street and signalled to Phillips, a Fulton officer who was off-duty and driving home from a part-time job. Phillips wore a uniform and drove a marked patrol car.

When Philips got out of the car, Dailey allegedly drew his gun. Phillps raised his hand to say "hold on" and was shot by Dailey.

After the two officers exchanged gunfire, Phillips retreated to his car for cover. Dailey came around to the driver's side and fired several more shots at Phillips, two of which pierced the windshield of the patrol car. Phillips told detectives that Dailey was still pulling the trigger after he ran out of bullets. Other police arrived and arrested Dailey.

Both officers were injured. Phillips, 37, is still recovering from a gunshot wound to the arm at Gwinnett Medical Center.

Dailey was shot in the hand and wore a bandage in court on Tuesday. Dailey appeared fidgety and wiped away tears at several times during the testimony. He was unshaven and his military-style buzz cut was growing out.

Gwinnett County Magistrate Judge George Hutchinson found probable cause to bind over to Superior Court four felony counts of aggravated assault against Dailey.

Duluth police spokesman Maj. Don Woodruff said Dailey was fired last week. He has until Feb. 15 to appeal.

Several of Dailey's family members were in court, but they shyed away from reporters.

Dailey's defense attorney, Theresa Hood, also declined to comment except to say that she would soon be filing a motion for bond in Gwinnett County Superior Court.