Ex-Balch Springs officer will be tried for murder in Dallas County

DALLAS - The trial of a former Balch Springs police officer charged with murdering a 15-year-old boy will take place in Dallas County as originally planned.

On Tuesday morning, Judge Brandon Birmingham rejected a change of venue request for the trail of former officer Roy Oliver made by his lawyers.

Defense attorneys argued that Oliver couldn’t get a fair trial in Dallas County due to all the pre-trial publicity about the case in various media outlets. Defense attorney Bob Gill even mentioned a FOX4 story previewing Tuesday’s hearing that aired on Monday evening. He also claimed Oliver’s booking photo, shown on multiple television stations in Dallas, was prejudicial and harmful.

The defense team also strongly suggested local media has favored one side, the teen’s, in reporting the story.

“We believe that all things taken into consideration that the media coverage has been pervasive has been inflammatory and it’s been extremely prejudicial and we would ask this court to move this trial to a location outside of this media area,” Gill said.

Birmingham agreed the case has received extensive coverage, but ultimately decided that hadn’t negatively affected a potential jury pool.

“I believe the court has considered that news stories that are accurate and objective don’t run afoul of anybody's constitutional rights and I don’t think that what’s been reported has been inflammatory to that extent,” Birmingham said.

In issuing his ruling, Birmingham told the court only two cases in all of Texas history have been overturned when a judge has denied change of venue. One of those involved Jack Ruby, the man who killed Lee Harvey Oswald after the assassination of President John F. Kennedy.

“I don’t believe this case rises anywhere to the level of the Jack Ruby case, so your motion under 3301.a is denied,” Birmingham said.

Prosecutors said in April of last year, Oliver fired into a vehicle that was leaving a party, shooting and killing Jordan Edwards. Oliver is charged with murder and aggravated assault with a deadly weapon.

The trial is scheduled to begin August 16.