Two armed guards stand outside Jmar Davis' hospital room, waiting for him to be released so they can take him to jail.

There were six in the room Thursday, when the judge came to his bedside for Davis' first appearance on two charges of assaulting police with a gun.

His mother was also there and she told Eyewitness News that Davis wouldn't hurt anyone.

Two Mount Holly police officers shot Davis five times during a traffic stop Tuesday night.

The arrest warrant released Thursday states after police stopped Davis for speeding he got out of his car and put his hand on a black handgun.

"I do not believe that what he's being charged with actually happened," said mother Valerie Davis.

Valerie Davis said her son has been arrested several times before, but says he's a loving father of two sons.

"My son has not harmed anyone except for when he served in Iraq and it was his job to do so," Valerie Davis said.

Jmar Davis' mother said he is a Gulf War veteran, who was injured in 2003 when someone bombed the truck he was riding in.

She worries that head injuries from that plus the five gunshots he suffered from police Tuesday night will be too much.

He was hit in the temple, neck, leg and took two shots in the back.

She wanted him moved to a Charlotte hospital, but at midnight Thursday, deputies served him with charges in his room, effectively putting him in the custody of the jail while at the hospital.

Hours later, they increased his bond.

"It was a little unusual to have the judge and the elected district attorney at Mr. Davis' bedside in order to conduct his first appearance," said defense attorney Kelvin Atkinson.

Jmar Davis' mother and his attorney would not talk about the case against him.

"We are waiting to see what all the evidence shows," Valerie Davis said.

Mount Holly's interim police chief will not comment on the case while the SBI conducts its investigation.

Eyewitness News called the DA's office to find out why a first appearance was given at the hospital but has not heard back.

Jmar Davis could be released from the hospital as early as Friday.