Twenty-one year old Frederick Gray accused of shooting Wilmington City Patrolman Justin Wilkers over the weekend was being sought on a warrant for a probation violation.
But the warrant was not issued until a day after the shooting.
Gray had a history of violence with a 2008 conviction for shooting a teenager in the legs that sent him to prison for five years.
He was 16 when the shooting took place.
Gray now faces a first-degree murder charge among other counts in the shooting of Patrolman Gray.
Police say that Gray allegedly shot Wilkers after a car chase through the city’s Southbridge neighborhood.
Meanwhile, Wilkers is in serious but stable condition after undergoing surgery to his jaw.
The family told the Wilmington News Journal that the bullet will not be taken out for about a month when doctors reconstruct part of his ear canal.
They were also told that the bullet did not hit any nerves.