A disabled Kentucky State Trooper brought his case against a former Butler County Sheriff to the Court of Appeals Wednesday.

Trooper Brent Wasson is appealing the lawsuit he lost against former Sheriff Kenneth Morris in Butler County Circuit Court in 2008.

This is a story that spans ten years.

January 27, 1999, Trooper Brent Wasson arrived at a Rochester Road home in Morgantown.

A caller had told police Timothy Earl Welborn was threatening to kill everyone who wasn't a Christian.

KSP troopers told WBKO at the time that Welborn was able to get the gun away from Trooper Wasson and began firing.

Trooper Wasson was shot in the the forearm, shoulder, cheek, and neck.

Weeks later, Trooper Wasson said he was on the mend.

"I said, 'look, I'm 100%'," Trooper Wasson told WBKO in 1999. "This is just a flesh wound. This doesn't go to the heart."

Ten years later, KSP officials say Trooper Wasson is still on disability from those injuries.

Representing him, Brian Lee Schuette argued to the Court of Appeals Wednesday that former Butler County Sheriff Kenneth Morris failed to relay to Trooper Wasson the danger Welborn posed.

"This is a simple negligence case," Schuette said. "The deputy should have made it clear to the sheriff this mentally ill man made threats to kill people. If that doesn't trigger a duty on the part of law enforcement to go out and at least investigate, I can't imagine what would."

Representing Morris, Matthew McGill argued a call made by the Butler County Sheriff's Department to the Rochester Road residence on January 27, 1999, determined Welborn was not a threat.

McGill adds that former Sheriff Morris and his department were unaware Trooper Wasson had been dispatched to the residence.

"Neither he, nor anyone from state police dispatch called or radioed in to the Butler County Sheriff's office to let them know he was coming, to request backup, to ask for information about the residence," McGill concludes.

Both sides are now waiting on a decision from the Court of Appeals.

They are expected to give their opinion in the next 30 to 45 days.