Despite the efforts of his defense team, former Balch Springs Police Officer Roy Oliver is set to stand trial Thursday morning in the shooting death of 15-year-old Jordan Edwards.
Oliver’s attorney continued to fight on Wednesday by filing an appeal to delay the start of the trial, but there's no ruling just yet.
It comes after they couldn't get the trial moved out of Dallas County, couldn't get the district attorney recused from the case and couldn't get the indictment against Oliver thrown out.
There's been a lot of hold-ups in the case, but time for the defense is quickly running out. One of Oliver's attorneys said they're ready to go to trial on Thursday if need be. But they're hoping the 5th District Court of Appeals will intervene and ultimately delay the trial indefinitely.
Oliver, now 38, is charged with murder and aggravated assault for shooting 15-year-old Edwards in 2017. Investigators said Oliver was on duty when he shot into a car full of teens, fatally striking Edwards. The now-fired officer said he fired to protect his partner who he believed was about to be hit.
Defense attorney Bob Gill argues Oliver's constitutional rights were violated because prosecutors used statements Oliver made to a Balch Springs internal affairs investigator as part of the criminal case against him.
“This is an issue that came to light relatively late in the game as we continue to receive discovery from the Dallas County DA’s Office,” Gill said.
On Tuesday, Judge Brandon Birmingham, who is presiding over the trial, denied a motion by Oliver's defense team to have a hearing on the issue. He also denied that the DA be recused from the case.
“The main thrust of it is they had access to our client’s protected statements. He received immunity for the statements because he gave them to an employer,” Gill said. “And here, rather than being given immunity for those statements, those statements are being used by the Dallas County DA’s Office to prosecute him.”
The night before the trial, Gill hopes the appeals court will have a different answer.
“We’re asking the judge to hear that issue and ultimately to rule that those statements and the fruits of those statements are inadmissible at trial,” he said.
Gill said there's no telling when the 5th District Court of Appeals could issue a ruling.