Lawyers: Balch Springs Officer Who Killed Teen Was Protecting His Partner
DALLAS COUNTY (CBSDFW.COM) - A former North Texas police officer charged with the murder of a teenager in 2017 is in court today.
Attorney's for Roy Oliver went before Judge Brandon Birmingham with a number of motions; including requesting a continence in the case and asking that the Dallas County District Attorney's Office be recused from prosecuting the case.
The defense claimed the Dallas DAs office and the Dallas County Sheriff's Department gained information -- namely statements made by Oliver just hours after the shooting -- in an "improper and unlawful manner."
The prosecution argued the statements were made voluntarily as Oliver gave a walkthrough at the scene and that the then-officer's attorney was present.
After taking the motion under advisement Judge Birmingham formally denied the motion and ruled the murder trial will begin this week as scheduled.
Attorney's for Oliver were also seeking a continuance in the case. Defense attorney Bob Gill argued that, "We continue to receive discovery. Just in the last 10 days or so we've received over a thousand pages of discovery from the criminal district attorney's office."
Prosecutors told the judge that their "continuing obligation to seek out potential discovery" recently lead them back to the Balch Springs Police Department where they located information they'd not received previously.
After additional statements, from both sides, the judge also denied that motion.
Oliver was fired just days after shooting and killing Jordan Edwards. The 15-year-old was in a car driving away from a party when prosecutors say the former police officer opened fire on the vehicle. The bullets shattered a passenger-side window and struck Edwards. The high school freshman was taken to a local hospital but died from his injuries.
Oliver had said the was in fear for his life because the car Edwards was in was moving toward him "in an aggressive manner." Video footage that showed the vehicle was actually driving away from Oliver when he fired his rifle disproved those claims.
Another claim as to why Oliver fired his rifle was made after today's court hearing. Speaking outside the courtroom lawyers for the former police officer said their client fired at the vehicle in an effort to protect his partner and that Oliver believed the car was being used as a weapon. They also said their client didn't know that there were kids in the car.
As it stands, opening statements in Oliver's murder trial are set to begin Thursday, August 16. A jury has already been selected.