NORFOLK, Va. — Author's note: The video above is on file from Aug. 5, 2022.
The preliminary hearing for a teen accused of driving his car at Portsmouth police officers has been postponed until Nov. 21.
Malachi Elliott, now 19, was supposed to have his hearing in Norfolk on Thursday. One of the officers who was slated to testify is traveling out of state, and couldn't make it to court.
Elliott's case goes back to August, when Portsmouth police officers followed a stolen car into Riverside Memorial Park off East Indian River Road.
In the criminal complaint, officers said they went to stop a silver BMW because its passenger was wanted for carjacking. The car didn't stop.
The paperwork alleges Elliott backed the car up, then drove straight towards the detective, which "caused" that detective to "discharge his weapon at the driver."
Police officers shot Elliott, and once they arrested him, helped with first aid.
RELATED: Court documents say 18-year-old shot by Portsmouth officers drove stolen car at a detective
In court on Thursday, Elliott's attorney asked the judge to consider bond, because the teen is trying to get surgery for his hand and arm, where he says he was shot by the officer.
She said being stuck in custody is getting in the way of his medical care.
Prosecutors argued that Elliott has a history of dangerous behavior, with previous larceny and robbery charges.
The judge sided with the prosecutors and said Elliott wouldn't be eligible for bond.
13News Now reached out to attorneys on both sides of the case, but they declined to speak with a reporter.