Appeal filed in murder conviction of former Balch Springs officer Roy Oliver
BALCH SPRINGS, Texas - A former police officer convicted of murdering a 15-year-old wants an appeals court to take a look at his trial.
Attorneys for former Balch Springs officer Roy Oliver filed their appeal late this week.
Oliver is serving 15 years in prison for the murder of Jordan Edwards in 2017.
This appeal says mistakes were made in several different aspects of the investigation and trial.
Oliver's attorneys are particularly focused on how investigators interviewed their client after the shooting and how that information was used in the trial.
When the verdict came down, it was not the end of the legal battle for fired officer Roy Oliver.
An appeal filed before the Fifth Circuit seeks to overturn his conviction for murdering Edwards.
Edwards was a passenger in a car leaving a party police were breaking up in April 2017.
The car did not stop when commanded by Balch Spring officers, and Oliver then fired his rifle, killing Edwards.
Oliver claimed he feared for the life of a fellow officer.
Among other issues, lawyers for Oliver say some of what he told investigators immediately after the shooting is protected by law and should not have been used against him.
The appeal states Oliver "was warned before making these statements he could lose his job if he did not talk. Thus, appellant was protected by blanket immunity."
And added the "trial court" should have suppressed that. The "indictment should have been dismissed."
Chad Ruback, an appellate attorney not involved in this case, said winning an appeal is tough.
“Statistically, that's not very likely. The vast majority of appeals are unsuccessful,” Ruback said. That's murder cases, that's DWIs. Any sort of appeal, the odds are stacked against you when you lose in the trial court.”
Ruback says lawyers also have to prove more than just a mistake was made.
“Mr. Oliver, in this case, is going to need to show not only did the judge fail to follow the law, but that big mistake impacted the outcome of the case. It's gonna be tough,” Ruback added.
The news of an appeal is no surprise, but still tough for the Edwards family.
Attorney Daryl Washington represents the family in a civil lawsuit filed against Oliver and the City of Balch Springs.
“It's very painful any time they just hear the name Roy Oliver, that brings nightmares. That brings visions of this entire incident all over again,” Washington said.
This murder conviction of an on-duty officer was just the second in the U.S. since 2005.
Washington is confident it will stay that way.
“I feel pretty comfortable from that standpoint that I don't see anything that's going to happen that should be reversed,” he added.
Attorneys for Oliver were not available to speak on camera Friday, but did say the brief speaks for itself.
The district attorneys has 30 days to respond to this filing, and it's likely this could go to oral arguments sometime in the next several months.