X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

A jury found Jason David Edwards to be guilty of aggravated assault with a deadly weapon on a peace officer, and assessed as punishment a five (5) year term of imprisonment in the Texas Department of Criminal Justice, Institutional Division. The sole issue raised on appeal addresses the legal sufficiency of the evidence regarding the proof of the “assault by threat” element of the offense. See Acts 1983, 68th Leg., R.S., ch. 977, � 1, 1968 Tex. Gen. Laws 5311, 5312. *fn1

The indictment alleged Edwards “did . . . intentionally and knowingly threaten imminent bodily injury to . . . the Complainant, by pointing a deadly weapon, to-wit: a firearm at the Complainant. . . .” The victim, Robert Ener, was a uniformed police officer conducting a traffic stop. Edwards was a self-described seventeen-year-old runaway wanna-be Latin King from Heartland, Wisconsin. Edwards listened to “gangsta rap” tapes as he traveled from Orlando, Florida, to Beaumont, Texas, in a stolen Escort. A pact between Edwards and a fellow runaway, Chad Potrykus, pledged on their tattoos that, if they were pulled over by the police, they would get in a shoot-out and would not be taken back alive. Ener decided to follow the Escort because Edwards looked away as he passed the squad car. As Ener’s police car approached, Edwards moved a cocked and loaded handgun from under the seat to a position between the seat and the emergency brake. Once the vehicles were stopped, Officer Ener paused at the Escort’s rear tire and instructed Edwards to exit the vehicle. Edwards replied, “Don’t shoot.” As he turned his body towards Ener, Edwards pulled the gun out of its hiding place and moved it in Ener’s direction. Unbeknownst to Edwards, Ener’s partner, Ricky Anderson, had approached the vehicle on the passenger side. Officer Anderson saw the firearm, realized that his partner was about to be shot, called out “He’s got a gun,” stepped back, drew his weapon and shot Edwards twice. Anderson testified that at the moment before he decided to fire, Edwards was making a motion towards the driver’s window. In response to Officer Anderson’s warning, Officer Ener jumped back and drew his weapon.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Global Leaders in Consulting (GLC) 2023

February 16, 2023
London

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.


Learn More

Complex Claims & Litigation Forum 2023

February 27, 2023 - March 01, 2023
Henderson, NV

Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases.


Learn More

Women, Influence & Power in Law UK Awards 2023

March 08, 2023
London

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Litigation and Criminal Defense Attorney - Georgia


Established, small town law firm in Athens, GA has an immediate opening for an Attorney to assist with diverse caseload. Handle Litigation i...


Apply Now ›

Attorneys-Solicitor General Division


Attorneys Solicitor General Division: The West Virginia Attorney General's Office is accepting applications for mid- and senior-level po...


Apply Now ›

Commercial Unit Attorney - Procurement Policy 13601


Commercial Unit Attorney - Procurement Policy 13601 Civil Service Title: Agency Attorney Level: Level 3 Division/Office: O...


Apply Now ›

WEINSTEIN FAMILY LAW

02/06/2023
NJLJ Web

Weinstein Family Law is pleased to announce the promotion of Erika P. Handler to Partner


View Announcement ›

ANSELMI & CARVELLI, LLP

02/06/2023
NJLJ Web

Anselmi & Carvelli, LLP is pleased to announce that Zachary D. Wellbrock has been named Partner of the firm.


View Announcement ›

HENDRICK PHILLIPS SALZMAN & FLATT, PC

02/02/2023
DR Web

Hendrick Phillips Salzman & Siegel, PC is proud to announce J.T. Gallagher as the firm s newest partner.


View Announcement ›