1 00:00:02,712 --> 00:00:04,839 [suspenseful music] 2 00:00:04,965 --> 00:00:06,258 ♪ ♪ 3 00:00:06,383 --> 00:00:07,842 ‐ It's incredibly rare 4 00:00:07,968 --> 00:00:10,303 for criminal defendants to take the stand. 5 00:00:10,387 --> 00:00:12,931 It is a risk very few take. 6 00:00:13,056 --> 00:00:14,641 At stake, one's freedom 7 00:00:14,724 --> 00:00:16,851 or even their life. 8 00:00:16,977 --> 00:00:18,311 This is Roy Oliver, 9 00:00:18,395 --> 00:00:20,021 a Texas police officer charged with the murder 10 00:00:20,146 --> 00:00:22,816 of 15‐year‐old Jordan Edwards. 11 00:00:22,899 --> 00:00:25,277 He's decided to take that gamble. 12 00:00:25,402 --> 00:00:28,321 Will it help him convince the jury that he's not guilty? 13 00:00:28,405 --> 00:00:29,864 ‐ I had to make a decision. 14 00:00:29,990 --> 00:00:31,241 There were threats inside the car. 15 00:00:31,366 --> 00:00:33,034 ‐ Or will it come back to haunt him? 16 00:00:33,159 --> 00:00:35,537 ‐ I had no other option but to use lethal force. 17 00:00:35,662 --> 00:00:36,705 [gunshots] 18 00:00:36,830 --> 00:00:38,123 He was trying to hit you. 19 00:00:38,248 --> 00:00:39,499 ‐ Take a courtside seat 20 00:00:39,583 --> 00:00:41,960 with the prosecutor, 21 00:00:42,043 --> 00:00:44,170 the DA's investigator, 22 00:00:44,296 --> 00:00:46,464 the victim's family attorney, 23 00:00:46,548 --> 00:00:48,633 and the journalist who covered the trial. 24 00:00:48,717 --> 00:00:51,886 I'm Dan Abrams, and this is "Under Oath." 25 00:00:52,012 --> 00:00:53,346 ‐ Raise your right hand. 26 00:00:53,430 --> 00:00:55,181 ‐ Do you solemnly swear? ‐ I'm being honest 27 00:00:55,307 --> 00:00:56,766 with everything I've said here. 28 00:00:56,891 --> 00:00:58,226 ‐ Do you solemnly swear? 29 00:00:58,351 --> 00:00:59,686 ‐ The whole truth and nothing but the truth. 30 00:00:59,769 --> 00:01:01,021 ‐ I would like to testify. 31 00:01:01,104 --> 00:01:02,522 ‐ The testimony you are about to give‐‐ 32 00:01:02,606 --> 00:01:03,857 the whole truth and nothing but the truth‐‐ 33 00:01:03,940 --> 00:01:06,151 ‐ So help you God. 34 00:01:09,112 --> 00:01:10,989 ♪ ♪ 35 00:01:11,072 --> 00:01:13,283 ‐ Texas is littered with stories 36 00:01:13,366 --> 00:01:15,827 of famous tough cops. 37 00:01:15,910 --> 00:01:19,289 And they're violent at times. 38 00:01:19,372 --> 00:01:21,416 ‐ You shoot this young man in the back of the head? 39 00:01:21,541 --> 00:01:27,047 ♪ ♪ 40 00:01:30,467 --> 00:01:33,470 ‐ Roy Oliver's a Texas lawman in a rare predicament. 41 00:01:33,553 --> 00:01:35,722 He's standing trial for the shooting and killing 42 00:01:35,847 --> 00:01:38,391 of an unarmed ninth grade boy in the line of duty. 43 00:01:38,516 --> 00:01:40,101 He's lost his job, he's been charged with 44 00:01:40,185 --> 00:01:42,270 aggravated assault and murder, 45 00:01:42,395 --> 00:01:44,522 which means he may lose his freedom. 46 00:01:44,606 --> 00:01:47,359 Oliver and his attorneys have made a big decision: 47 00:01:47,442 --> 00:01:50,904 he'll take the witness stand to explain how and why 48 00:01:51,029 --> 00:01:52,489 the shooting happened. 49 00:01:52,572 --> 00:01:55,492 [intense music] 50 00:01:55,575 --> 00:01:56,951 ♪ ♪ 51 00:01:57,077 --> 00:01:58,536 ‐ The word in the courtroom 52 00:01:58,620 --> 00:02:01,331 was not if Roy Oliver was gonna take the stand, 53 00:02:01,414 --> 00:02:04,459 it was when he was gonna take the stand. 54 00:02:04,542 --> 00:02:06,002 ‐ Mr. Oliver had to get on there 55 00:02:06,044 --> 00:02:07,504 and try and humanize himself. 56 00:02:07,629 --> 00:02:10,507 Make himself likable to the jury. 57 00:02:16,596 --> 00:02:18,890 ‐ As egregious as his case was, 58 00:02:18,973 --> 00:02:20,600 his testimony was not only 59 00:02:20,725 --> 00:02:22,227 trying to get off... 60 00:02:25,814 --> 00:02:27,190 ‐ But his testimony was about 61 00:02:27,315 --> 00:02:29,442 limiting the amount of time 62 00:02:29,567 --> 00:02:31,861 that he would spend in prison. 63 00:02:31,945 --> 00:02:33,196 ♪ ♪ 64 00:02:33,279 --> 00:02:34,864 ‐ Roy Oliver has to try to convince jurors 65 00:02:34,989 --> 00:02:36,032 to see his side, 66 00:02:36,157 --> 00:02:37,450 in the hope that they believe 67 00:02:37,575 --> 00:02:40,078 he was acting lawfully with a valid reason. 68 00:02:40,161 --> 00:02:42,205 But before they're asked to put themselves 69 00:02:42,288 --> 00:02:44,040 in Oliver's shoes, 70 00:02:44,165 --> 00:02:45,417 the jurors have to grapple with 71 00:02:45,542 --> 00:02:47,919 a devastating tragedy: 72 00:02:48,044 --> 00:02:50,338 the death of Jordan Edwards. 73 00:02:50,463 --> 00:02:51,589 ♪ ♪ 74 00:02:51,673 --> 00:02:54,175 ‐ Jordan Edwards was a straight‐A student. 75 00:02:54,259 --> 00:02:56,177 Jordan Edwards was loved by his teachers, 76 00:02:56,261 --> 00:02:57,971 he was loved by his coaches, 77 00:02:58,054 --> 00:03:00,348 he was loved by his classmates. 78 00:03:00,432 --> 00:03:02,767 This was just a perfect kid. 79 00:03:02,851 --> 00:03:05,228 ‐ He played football and he loved football 80 00:03:05,353 --> 00:03:08,356 even though he was, like, 4'9" tall. 81 00:03:08,440 --> 00:03:10,358 He sometimes brought his Bible to school 82 00:03:10,442 --> 00:03:12,444 to read during study hall. 83 00:03:12,569 --> 00:03:15,530 He was so friendly that everybody called him "Smiley." 84 00:03:15,613 --> 00:03:17,115 ‐ Why did they call him "Smiley"? 85 00:03:17,240 --> 00:03:19,534 ‐ 'Cause he doing just what he normally did, 86 00:03:19,659 --> 00:03:20,869 which was smile. 87 00:03:20,910 --> 00:03:21,911 ‐ He was always smiling? 88 00:03:22,036 --> 00:03:23,663 ‐ Yes, ma'am. 89 00:03:23,747 --> 00:03:25,081 ♪ ♪ 90 00:03:25,206 --> 00:03:27,751 ‐ On April 29, 2017, 91 00:03:27,876 --> 00:03:29,878 there was a kid who was throwing a party. 92 00:03:30,003 --> 00:03:32,672 ‐ It was a party that was being thrown because 93 00:03:32,797 --> 00:03:35,383 the host of the party's parents were out of town. 94 00:03:35,508 --> 00:03:36,676 ♪ ♪ 95 00:03:36,801 --> 00:03:40,388 And so Jordan and his half brother, Vidal Allen; 96 00:03:40,472 --> 00:03:42,348 his full brother, Kevon Edwards; 97 00:03:42,474 --> 00:03:43,975 and then their two best friends, 98 00:03:44,058 --> 00:03:45,852 Maximus and Maxwell Everette, 99 00:03:45,935 --> 00:03:49,105 they get into Odell Edwards' Chevrolet Impala. 100 00:03:49,230 --> 00:03:50,815 They're real excited to go. 101 00:03:50,899 --> 00:03:54,694 And once they got there, it was easy to see why. 102 00:03:54,819 --> 00:03:56,112 ♪ ♪ 103 00:03:56,237 --> 00:03:57,697 ‐ Everybody was enjoying themselves 104 00:03:57,781 --> 00:03:59,699 and just doing what teenagers do. 105 00:03:59,783 --> 00:04:03,161 Unbeknownst to them, someone made a call 106 00:04:03,244 --> 00:04:05,872 to the Balch Springs Police Department. 107 00:04:05,997 --> 00:04:08,082 ‐ Around 11:00, a call went in 108 00:04:08,208 --> 00:04:10,001 complaining about loud noise 109 00:04:10,084 --> 00:04:11,461 coming from a neighbor's home. 110 00:04:11,544 --> 00:04:13,129 ‐ That one phone call 111 00:04:13,213 --> 00:04:15,715 would lead to the death of Jordan Edwards. 112 00:04:15,840 --> 00:04:16,925 ♪ ♪ 113 00:04:17,050 --> 00:04:18,343 ‐ The police get a call 114 00:04:18,468 --> 00:04:20,220 and they send two officers, 115 00:04:20,345 --> 00:04:23,014 Tyler Gross and Roy Oliver, 116 00:04:23,097 --> 00:04:26,184 to the location on Baron Street 117 00:04:26,309 --> 00:04:27,977 where this party is being held. 118 00:04:28,061 --> 00:04:30,021 ‐ I'm Officer Gross, okay? 119 00:04:30,146 --> 00:04:31,147 ‐ Officer Gross. ‐ I don't want 120 00:04:31,231 --> 00:04:32,357 to see this again. 121 00:04:32,440 --> 00:04:33,858 ‐ Yeah, give us just a minute. 122 00:04:33,900 --> 00:04:37,695 ‐ They're having a very routine encounter with 123 00:04:37,779 --> 00:04:39,280 a bunch of kids that are, shall we say, 124 00:04:39,364 --> 00:04:40,573 having too much fun. 125 00:04:40,698 --> 00:04:42,325 ‐ I ain't expecting to get‐‐ ‐ I know. 126 00:04:42,408 --> 00:04:44,911 [gunshots] 127 00:04:44,994 --> 00:04:46,162 [people screaming] 128 00:04:46,246 --> 00:04:47,455 ‐ Then all of a sudden, 129 00:04:47,580 --> 00:04:50,041 12 shots ring out from a nursing home... 130 00:04:50,166 --> 00:04:51,751 [gunshots] 131 00:04:51,835 --> 00:04:55,171 Located about 100 yards to the east. 132 00:04:55,255 --> 00:04:56,923 ‐ It sounded like 133 00:04:57,048 --> 00:04:58,174 a semiautomatic 134 00:04:58,299 --> 00:05:01,177 or maybe multiple semiautomatics going off 135 00:05:01,261 --> 00:05:03,012 in a very close proximity. 136 00:05:03,137 --> 00:05:05,181 ‐ 64, shots fired. [people screaming] 137 00:05:05,265 --> 00:05:06,558 ‐ I exited the house. 138 00:05:06,683 --> 00:05:08,351 The kids that had ran out of the house 139 00:05:08,476 --> 00:05:10,478 and went eastbound on Baron Drive 140 00:05:10,562 --> 00:05:13,022 were then running back westbound to the house 141 00:05:13,147 --> 00:05:15,066 and screaming. 142 00:05:15,149 --> 00:05:16,359 [people screaming] 143 00:05:16,484 --> 00:05:18,278 ‐ Both officers exit the house. 144 00:05:18,403 --> 00:05:19,779 There is a sense of urgency 145 00:05:19,863 --> 00:05:21,823 as to where did those shots come from 146 00:05:21,906 --> 00:05:23,491 'cause you know you've got kids everywhere. 147 00:05:23,575 --> 00:05:25,326 ‐ Gross broke to the right. 148 00:05:25,410 --> 00:05:27,245 I broke off to my squad car 149 00:05:27,370 --> 00:05:29,205 to get the patrol rifle. 150 00:05:29,330 --> 00:05:31,249 ♪ ♪ 151 00:05:31,374 --> 00:05:34,502 ‐ Roy Oliver runs to his police SUV, 152 00:05:34,627 --> 00:05:36,754 opens up the trunk, grabs an AR‐15 153 00:05:36,838 --> 00:05:38,673 that had just been issued to him... 154 00:05:38,756 --> 00:05:40,174 ♪ ♪ 155 00:05:40,300 --> 00:05:42,760 And he races for the sound of the gunshots. 156 00:05:42,844 --> 00:05:46,306 ‐ Tyler Gross picked out this dark colored Chevy Impala 157 00:05:46,389 --> 00:05:50,351 that was backing up down the street towards the main road. 158 00:05:50,435 --> 00:05:52,520 ‐ They were going into the direction of 159 00:05:52,604 --> 00:05:54,480 the black Chevy Impala that Jordan Edwards 160 00:05:54,564 --> 00:05:55,815 was a passenger in. 161 00:05:55,899 --> 00:05:57,859 ‐ Officer Gross actually approaches 162 00:05:57,942 --> 00:05:59,277 the car from the side. 163 00:05:59,360 --> 00:06:00,528 ‐ Gross has keyed in on something. 164 00:06:00,612 --> 00:06:02,363 What has Gross keyed in on? 165 00:06:06,743 --> 00:06:11,039 ‐ He raps on the back passenger window of the car 166 00:06:11,122 --> 00:06:12,415 just trying to get 167 00:06:12,498 --> 00:06:14,208 the attention of the driver, Vidal Allen. 168 00:06:14,292 --> 00:06:18,212 Inexplicably, the window breaks as a result of that. 169 00:06:18,338 --> 00:06:21,966 ‐ The vehicle came to a stop 170 00:06:22,050 --> 00:06:26,638 for a slight moment and then accelerated forward. 171 00:06:26,721 --> 00:06:28,806 I am focused on the vehicle. 172 00:06:28,890 --> 00:06:31,434 It was coming at an angle at him. 173 00:06:31,559 --> 00:06:34,479 And as it was gaining ground towards him, 174 00:06:34,562 --> 00:06:36,397 I had to make a decision. 175 00:06:37,315 --> 00:06:39,192 [rapid gunshots] 176 00:06:39,275 --> 00:06:40,401 You all right? ‐ Yeah, I'm fine. 177 00:06:40,485 --> 00:06:42,570 ‐ They were trying to hit you. 178 00:06:42,654 --> 00:06:44,697 ‐ Second shot kills poor Jordan. 179 00:06:44,822 --> 00:06:46,366 Goes into the back of his head 180 00:06:46,407 --> 00:06:48,034 and kills him immediately. 181 00:06:48,117 --> 00:06:50,328 [somber music] 182 00:06:50,411 --> 00:06:52,455 ‐ Roy Oliver had to take the stand 183 00:06:52,538 --> 00:06:55,375 in order to justify his actions at the time 184 00:06:55,458 --> 00:06:57,085 that he pulled his trigger. 185 00:07:01,631 --> 00:07:03,174 ‐ Roy Oliver's second bullet 186 00:07:03,216 --> 00:07:05,176 kills Jordan Edwards instantly. 187 00:07:05,259 --> 00:07:06,552 Several days later, he's fired. 188 00:07:06,678 --> 00:07:08,513 Now, Oliver maintains his decision to shoot was lawful, 189 00:07:08,596 --> 00:07:09,764 but he's indicted for aggravated assault and murder 190 00:07:09,889 --> 00:07:10,932 in Dallas County. 191 00:07:11,057 --> 00:07:12,058 The last time a cop 192 00:07:12,141 --> 00:07:13,726 faced a murder charge here 193 00:07:13,810 --> 00:07:15,728 was over four decades earlier. 194 00:07:15,812 --> 00:07:17,855 And as the trial proceeds, 195 00:07:17,897 --> 00:07:20,483 one of Oliver's biggest challenges 196 00:07:20,566 --> 00:07:22,026 becomes clear: 197 00:07:22,110 --> 00:07:25,863 his patrol partner had his own story to tell. 198 00:07:25,947 --> 00:07:28,783 ‐ Turned and saw that Oliver was standing next to me. 199 00:07:28,866 --> 00:07:31,828 And then I saw the smoke from his weapon. 200 00:07:33,955 --> 00:07:36,666 ‐ That he was the one that had shot. 201 00:07:36,749 --> 00:07:38,376 ‐ We hear a lot about the "blue wall" 202 00:07:38,459 --> 00:07:39,502 that police officers have, 203 00:07:39,585 --> 00:07:41,045 that they always defend one another. 204 00:07:46,968 --> 00:07:47,885 ‐ Uh, I didn't‐‐ 205 00:07:48,011 --> 00:07:50,513 I was not in fear at that point. 206 00:07:50,555 --> 00:07:51,764 [tense music] 207 00:07:51,889 --> 00:07:53,016 ‐ Gross took the stand and said 208 00:07:53,057 --> 00:07:53,808 he never felt like 209 00:07:53,891 --> 00:07:55,518 he was in fear of his life. 210 00:07:55,643 --> 00:07:59,105 Oliver's partner's testimony was devastating. 211 00:07:59,230 --> 00:08:01,065 ‐ Tyler Gross' response 212 00:08:01,190 --> 00:08:02,900 is not equal 213 00:08:03,026 --> 00:08:06,487 to that of Roy Oliver's response, obviously. 214 00:08:06,571 --> 00:08:08,364 Both of them have two different perceptions 215 00:08:08,406 --> 00:08:10,283 of what's going on here. 216 00:08:10,366 --> 00:08:13,202 ♪ ♪ 217 00:08:13,286 --> 00:08:15,538 ‐ What happened out there 218 00:08:15,580 --> 00:08:18,332 on April 29th of 2017 219 00:08:18,416 --> 00:08:20,168 happened in a split second. 220 00:08:24,547 --> 00:08:27,675 ‐ The first job of the defense is to introduce the defendant. 221 00:08:27,717 --> 00:08:29,510 It's the starting point for the jury 222 00:08:29,635 --> 00:08:31,512 to begin to see him as a person 223 00:08:31,596 --> 00:08:33,681 and perhaps sympathize with him. 224 00:08:33,765 --> 00:08:35,433 It's a high‐stakes moment. 225 00:08:35,558 --> 00:08:37,518 Oliver's freedom is on the line. 226 00:08:37,602 --> 00:08:39,687 So who was Roy Oliver, 227 00:08:39,771 --> 00:08:41,856 the cop at the center of the trial? 228 00:08:48,696 --> 00:08:50,281 ‐ Dropped out of high school, 229 00:08:50,406 --> 00:08:51,657 worked at the music store, 230 00:08:51,741 --> 00:08:53,910 became the assistant manager at that location. 231 00:08:54,035 --> 00:08:56,454 A friend of mine was working at a department store 232 00:08:56,579 --> 00:08:57,622 in loss prevention. 233 00:08:57,747 --> 00:08:58,873 He recruited me, 234 00:08:58,956 --> 00:09:00,875 so I went over there to help 235 00:09:00,958 --> 00:09:03,044 catch the internal employees stealing 236 00:09:03,127 --> 00:09:04,420 or the shoplifters. 237 00:09:04,504 --> 00:09:05,880 ♪ ♪ 238 00:09:06,005 --> 00:09:08,257 ‐ He dropped out of high school to go to work. 239 00:09:08,382 --> 00:09:11,135 He ended up joining the army. 240 00:09:11,219 --> 00:09:13,679 He'd served two tours in Iraq. 241 00:09:13,763 --> 00:09:15,181 He's wearing a little 242 00:09:15,264 --> 00:09:16,849 autism lapel pin 243 00:09:16,933 --> 00:09:19,185 because he has a child who has autism. 244 00:09:19,268 --> 00:09:20,603 ♪ ♪ 245 00:09:20,686 --> 00:09:23,314 It was important to get Oliver on the stand 246 00:09:23,397 --> 00:09:25,024 to show the jurors 247 00:09:25,108 --> 00:09:27,318 why did he feel he had to go to such extremes 248 00:09:27,401 --> 00:09:28,611 to defend his partner. 249 00:09:28,736 --> 00:09:32,073 The only person that can explain that 250 00:09:32,198 --> 00:09:33,366 is Oliver. 251 00:09:33,449 --> 00:09:36,035 ‐ I hear Gross, I'm running. 252 00:09:36,077 --> 00:09:38,079 I'm not looking as broad left and right. 253 00:09:38,162 --> 00:09:39,664 I'm focused on Gross. 254 00:09:39,747 --> 00:09:41,290 Figuring out what has he locked onto, 255 00:09:41,415 --> 00:09:44,085 what is he going after, why is he going after it. 256 00:09:44,210 --> 00:09:46,838 The only reason I'm thinking he's going after it is 257 00:09:46,963 --> 00:09:49,841 active shooters, he's got them located. 258 00:09:49,924 --> 00:09:51,968 We've got to stop the vehicle. 259 00:09:56,222 --> 00:09:59,725 ‐ When the vehicle was moving towards my partner. 260 00:09:59,851 --> 00:10:01,477 I had to make a decision. 261 00:10:01,561 --> 00:10:02,895 This car's about to hit my partner. 262 00:10:02,979 --> 00:10:04,689 There are threats inside the car. 263 00:10:04,772 --> 00:10:07,692 And I had no other option but to use lethal force. 264 00:10:07,775 --> 00:10:11,362 [rapid gunshots] 265 00:10:11,445 --> 00:10:13,364 You all right? ‐ Yeah, I'm fine. 266 00:10:13,447 --> 00:10:14,991 ‐ He was trying to hit you. 267 00:10:20,746 --> 00:10:22,623 ‐ Make sure my partner was okay. 268 00:10:22,748 --> 00:10:24,959 ‐ After Roy Oliver shot into the Chevy Impala, 269 00:10:25,042 --> 00:10:26,878 the car's driver, Vidal Allen, 270 00:10:27,003 --> 00:10:28,754 pulled the vehicle over seeking help. 271 00:10:28,838 --> 00:10:30,923 Roy Oliver and other officers 272 00:10:31,007 --> 00:10:33,342 discovered Vidal's brother, Jordan Edwards, 273 00:10:33,426 --> 00:10:36,095 dead in the front passenger seat. 274 00:10:43,311 --> 00:10:45,438 ♪ ♪ 275 00:10:45,563 --> 00:10:47,190 ‐ Sick to my stomach. 276 00:10:47,315 --> 00:10:48,441 Heartbroken. 277 00:10:48,524 --> 00:10:49,483 ‐ It's kind of tricky because 278 00:10:49,567 --> 00:10:50,693 if you talk about remorse, 279 00:10:50,776 --> 00:10:52,570 that is almost a concession 280 00:10:52,653 --> 00:10:54,238 that you've done something wrong. 281 00:10:54,322 --> 00:10:56,073 ‐ Police investigators figured out later 282 00:10:56,199 --> 00:10:58,326 from witnesses that the gunshots 283 00:10:58,409 --> 00:11:00,995 heard by partygoers and Officers Oliver and Gross 284 00:11:01,078 --> 00:11:03,289 were fired randomly into the air 285 00:11:03,414 --> 00:11:05,041 by a local gang nearby. 286 00:11:05,082 --> 00:11:06,834 ‐ If any of those witnesses 287 00:11:06,918 --> 00:11:09,670 that I watched these past few days, 288 00:11:09,754 --> 00:11:11,714 if any of them would have been able 289 00:11:11,839 --> 00:11:13,299 to actually just... 290 00:11:13,382 --> 00:11:15,343 ♪ ♪ 291 00:11:15,426 --> 00:11:17,386 Step up, wave their arms, 292 00:11:17,470 --> 00:11:19,889 yell, "Hey, that's not the vehicle." 293 00:11:19,972 --> 00:11:20,973 ♪ ♪ 294 00:11:21,057 --> 00:11:24,310 If anyone would have intervened, 295 00:11:24,393 --> 00:11:25,519 it could have‐‐ 296 00:11:25,645 --> 00:11:27,855 it would have changed the outcome. 297 00:11:27,939 --> 00:11:30,024 ‐ When he talks about how he had to do it, 298 00:11:30,107 --> 00:11:32,276 I think that's posturing for the jury. 299 00:11:32,401 --> 00:11:34,695 ‐ There was a whole other side of Roy Oliver 300 00:11:34,779 --> 00:11:37,073 that the jury had not seen. 301 00:11:37,156 --> 00:11:38,324 There was this 302 00:11:38,407 --> 00:11:39,742 picture of Roy Oliver 303 00:11:39,867 --> 00:11:41,202 that the prosecution had 304 00:11:41,327 --> 00:11:44,622 that they were ready to unload on the jury, 305 00:11:44,747 --> 00:11:45,957 and they did. 306 00:11:50,211 --> 00:11:51,671 [tense music] 307 00:11:57,218 --> 00:11:58,344 ‐ You could, yes. 308 00:12:02,890 --> 00:12:05,017 ‐ Depending on the environment. 309 00:12:05,142 --> 00:12:06,519 ‐ During cross‐examination, 310 00:12:06,560 --> 00:12:08,354 the tone of the trial changes. 311 00:12:08,396 --> 00:12:10,147 It is night and day. 312 00:12:10,231 --> 00:12:13,526 The defendant will undergo fierce and tactical questioning 313 00:12:13,609 --> 00:12:15,361 by the prosecution. 314 00:12:15,403 --> 00:12:18,197 Under increasing pressure, can Roy Oliver, 315 00:12:18,281 --> 00:12:20,491 former infantryman and patrol cop, 316 00:12:20,574 --> 00:12:21,701 hold up? 317 00:12:21,742 --> 00:12:26,497 ♪ ♪ 318 00:12:29,834 --> 00:12:31,919 I think about Jordan Edwards every single day. 319 00:12:32,003 --> 00:12:34,171 I didn't want to lose that case. 320 00:12:34,255 --> 00:12:39,302 ‐ When you have a hard‐nosed, tough, no‐nonsense prosecutor, 321 00:12:39,385 --> 00:12:40,803 that prosecutor would be 322 00:12:40,886 --> 00:12:42,179 all over him 323 00:12:42,263 --> 00:12:45,266 trying to get him to lose control 324 00:12:45,391 --> 00:12:47,393 and show the jury 325 00:12:47,518 --> 00:12:48,894 what he's really like. 326 00:12:58,362 --> 00:12:59,405 ‐ That is a risk. 327 00:12:59,488 --> 00:13:01,157 ♪ ♪ 328 00:13:04,243 --> 00:13:05,453 ‐ I believe it is. 329 00:13:16,505 --> 00:13:18,049 ‐ Correct. 330 00:13:18,841 --> 00:13:20,009 ‐ Correct. 331 00:13:20,092 --> 00:13:21,218 ♪ ♪ 332 00:13:21,344 --> 00:13:23,846 ‐ When the jury has the opportunity to see 333 00:13:23,929 --> 00:13:27,266 a defendant's mannerism totally change, 334 00:13:27,391 --> 00:13:29,852 that is when you now have the opportunity 335 00:13:29,935 --> 00:13:32,021 to attack that person's credibility. 336 00:13:32,104 --> 00:13:33,064 ♪ ♪ 337 00:13:39,070 --> 00:13:42,031 ‐ Yes, anytime you're put in a situation, 338 00:13:42,073 --> 00:13:44,158 if you take a life, that's‐‐ 339 00:13:44,241 --> 00:13:47,745 that's not something that happens easily by any means. 340 00:13:47,828 --> 00:13:49,747 ‐ The prosecutor wants Roy Oliver 341 00:13:49,830 --> 00:13:51,874 increasingly uncomfortable on the stand. 342 00:13:51,957 --> 00:13:54,418 So maybe he'll even reveal 343 00:13:54,502 --> 00:13:57,213 a more aggressive side for the jurors. 344 00:14:07,556 --> 00:14:08,891 ‐ Yes, he was failing to‐‐ 345 00:14:08,974 --> 00:14:11,018 he failed to comply with Officer Gross 346 00:14:11,102 --> 00:14:13,145 and he failed to comply with what 347 00:14:13,229 --> 00:14:15,022 Officer Chambly was telling him. 348 00:14:15,106 --> 00:14:16,732 ‐ The prosecution's investigation found 349 00:14:16,816 --> 00:14:19,026 another way to give the jury a glimpse 350 00:14:19,110 --> 00:14:21,904 of Oliver's character, of a darker side. 351 00:14:22,029 --> 00:14:23,781 Since he testified on the witness stand, 352 00:14:23,906 --> 00:14:25,366 there was what attorneys call 353 00:14:25,449 --> 00:14:26,450 "an open door." 354 00:14:26,575 --> 00:14:28,911 It's the legal leeway to bring up other, 355 00:14:29,036 --> 00:14:31,914 less flattering aspects of a defendant's past. 356 00:14:31,997 --> 00:14:36,085 In this case, a damaging Facebook post Oliver had made. 357 00:14:48,097 --> 00:14:50,057 ‐ That was a repost. That's correct. 358 00:14:50,141 --> 00:14:52,810 ‐ Even if it's reposting somebody else's, 359 00:14:52,893 --> 00:14:55,187 when he posted it, he made it his own. 360 00:14:55,312 --> 00:14:57,648 ‐ That's an incredibly dangerous, 361 00:14:57,731 --> 00:15:00,860 horrible thought to have. 362 00:15:00,985 --> 00:15:02,194 ‐ Damaging past behavior 363 00:15:02,278 --> 00:15:05,197 often keeps defendants off the witness stand. 364 00:15:05,281 --> 00:15:07,116 In Oliver's case, the prosecution 365 00:15:07,199 --> 00:15:08,367 now had another door to open, 366 00:15:08,451 --> 00:15:10,661 allegedly, into his temperament. 367 00:15:10,744 --> 00:15:12,872 It was an off‐duty incident. 368 00:15:12,997 --> 00:15:14,206 It was investigated, 369 00:15:14,248 --> 00:15:16,333 it was included in his disciplinary record, 370 00:15:16,417 --> 00:15:19,253 during which Oliver drew his gun. 371 00:15:19,378 --> 00:15:21,213 ‐ I think one of the most significant moments 372 00:15:21,297 --> 00:15:23,966 in the trial came when the prosecution, 373 00:15:24,049 --> 00:15:27,178 trying to prove what kind of person Oliver was, 374 00:15:27,303 --> 00:15:29,680 put on the stand two young women 375 00:15:29,763 --> 00:15:31,849 who said that two weeks before, 376 00:15:31,974 --> 00:15:34,810 they rear‐ended Oliver's car 377 00:15:34,894 --> 00:15:36,187 and that he got out 378 00:15:36,270 --> 00:15:37,688 and pulled a gun on them. 379 00:15:37,730 --> 00:15:40,566 ‐ I was watching him walk towards me, 380 00:15:40,649 --> 00:15:43,360 and when he got right here, 381 00:15:43,444 --> 00:15:45,029 next‐‐when I turned to the side, 382 00:15:45,154 --> 00:15:47,323 all I could see is the end of the gun in my face. 383 00:15:47,907 --> 00:15:49,200 ‐ So... 384 00:15:50,242 --> 00:15:51,535 ‐ Yeah. 385 00:15:51,660 --> 00:15:52,703 ‐ I'm positive. 386 00:15:52,786 --> 00:15:54,205 I can't forget a gun in my face. 387 00:15:56,665 --> 00:15:58,542 ‐ No, I had both hands on the steering wheel 388 00:15:58,626 --> 00:16:00,711 and I was leaning forward 389 00:16:00,794 --> 00:16:02,505 so in case he were to fire, 390 00:16:02,588 --> 00:16:05,174 I knew I was gonna get hit and not my sister. 391 00:16:05,299 --> 00:16:08,511 ‐ Something's wrong with his threat level. 392 00:16:08,594 --> 00:16:11,889 ‐ As soon as he stepped out of his truck, 393 00:16:11,972 --> 00:16:13,307 he approached our vehicle very quickly. 394 00:16:13,390 --> 00:16:15,267 'Cause he was angry. He was raging. 395 00:16:15,351 --> 00:16:17,269 ‐ What the Dallas County Prosecutor's Office 396 00:16:17,353 --> 00:16:19,730 wanted to point out to the jury 397 00:16:19,813 --> 00:16:21,941 is that Roy Oliver 398 00:16:22,066 --> 00:16:23,734 was a walking time bomb. 399 00:16:23,859 --> 00:16:28,030 ‐ But the track record in Dallas County and nationwide 400 00:16:28,155 --> 00:16:30,866 in finding officers guilty of murder 401 00:16:30,991 --> 00:16:32,535 is not very good. 402 00:16:32,576 --> 00:16:34,245 ♪ ♪ 403 00:16:38,958 --> 00:16:40,334 ‐ There are threats inside the car, 404 00:16:40,417 --> 00:16:42,002 and I had no other option but to use lethal force. 405 00:16:42,044 --> 00:16:43,546 [rapid gunshots] 406 00:16:43,671 --> 00:16:46,173 ‐ Former police officer Roy Oliver's on trial 407 00:16:46,257 --> 00:16:47,174 for the shooting death of Jordan Edwards. 408 00:16:47,258 --> 00:16:48,342 His justification? 409 00:16:48,425 --> 00:16:50,636 The Chevy Impala Edwards was in 410 00:16:50,719 --> 00:16:54,431 veered dangerously toward his patrol partner, Tyler Gross, 411 00:16:54,557 --> 00:16:56,892 after shots had been fired nearby. 412 00:16:57,017 --> 00:16:58,936 Protecting his partner from the threat, 413 00:16:59,061 --> 00:17:00,980 Oliver says, prompted him to act. 414 00:17:01,063 --> 00:17:03,107 The problem for Oliver? 415 00:17:03,232 --> 00:17:04,984 Gross didn't feel that threat. 416 00:17:05,067 --> 00:17:07,152 ‐ I was not in fear at that point. 417 00:17:07,236 --> 00:17:09,196 [tense music] 418 00:17:09,280 --> 00:17:10,823 ‐ As the trial wound down 419 00:17:10,906 --> 00:17:12,783 at the Frank Crowley Courthouse, 420 00:17:12,908 --> 00:17:13,909 it all came down 421 00:17:14,034 --> 00:17:15,911 to one question for the jury: 422 00:17:16,036 --> 00:17:18,163 was Roy Oliver being reasonable 423 00:17:18,247 --> 00:17:20,040 defending his partner? 424 00:17:20,124 --> 00:17:21,208 Or had he gotten caught up 425 00:17:21,333 --> 00:17:22,918 in the violence of the moment 426 00:17:23,002 --> 00:17:26,255 and let loose with a barrage of bullets, 427 00:17:26,380 --> 00:17:29,341 killing a 15‐year‐old in the process? 428 00:17:29,425 --> 00:17:30,342 ‐ Roy Oliver's defense team 429 00:17:30,467 --> 00:17:32,011 hoped jurors would understand 430 00:17:32,094 --> 00:17:33,804 this patrol cop's point of view. 431 00:17:33,887 --> 00:17:35,639 In an unusual move, 432 00:17:35,723 --> 00:17:37,808 they had Oliver stand in the courtroom 433 00:17:37,891 --> 00:17:39,393 before the jury box. 434 00:17:39,518 --> 00:17:40,311 ♪ ♪ 435 00:17:40,394 --> 00:17:43,063 ‐ Strap on Roy Oliver's boots. 436 00:17:43,147 --> 00:17:44,523 You have to have in your mind 437 00:17:44,565 --> 00:17:47,067 that you're there to protect the public, 438 00:17:47,192 --> 00:17:49,194 but most of all, 439 00:17:49,320 --> 00:17:51,572 your foremost duty 440 00:17:51,655 --> 00:17:53,032 is to your partner. 441 00:17:53,073 --> 00:17:56,201 ‐ The defense tried to paint Roy Oliver 442 00:17:56,285 --> 00:17:57,453 into a reasonable person 443 00:17:57,578 --> 00:18:00,164 in order to justify his actions. 444 00:18:00,247 --> 00:18:04,043 ‐ That vehicle was pointed at Tyler Gross 445 00:18:04,168 --> 00:18:06,629 and it was a threat to Tyler Gross 446 00:18:06,712 --> 00:18:10,841 and that is why Roy Oliver reasonably made the decision 447 00:18:10,966 --> 00:18:12,509 that he had to make. 448 00:18:12,635 --> 00:18:13,636 It doesn't matter 449 00:18:13,719 --> 00:18:15,346 that looking back on it in hindsight, 450 00:18:15,471 --> 00:18:17,806 we'd all make a different decision now. 451 00:18:17,890 --> 00:18:19,058 We have to look at it 452 00:18:19,183 --> 00:18:21,727 how Roy Oliver saw it at the time. 453 00:18:21,852 --> 00:18:23,354 Ladies and gentlemen, 454 00:18:23,479 --> 00:18:25,773 Roy Oliver should be found not guilty. 455 00:18:25,856 --> 00:18:27,274 ‐ If a layperson thought 456 00:18:27,358 --> 00:18:29,860 that he did have to shoot his weapon 457 00:18:29,985 --> 00:18:31,528 in order to protect his partner 458 00:18:31,612 --> 00:18:33,405 from serious bodily injury or death, 459 00:18:33,530 --> 00:18:35,282 then they could acquit him. 460 00:18:35,366 --> 00:18:36,825 ‐ Anytime a case goes to the jury, 461 00:18:36,909 --> 00:18:39,411 the gravity of the decision‐making looms over 462 00:18:39,536 --> 00:18:41,205 the proceedings in the case. 463 00:18:41,246 --> 00:18:43,207 The trial had a much higher profile 464 00:18:43,332 --> 00:18:44,875 given the interest in police shootings 465 00:18:44,958 --> 00:18:46,293 of unarmed individuals. 466 00:18:46,418 --> 00:18:49,338 A lot of eyes were on this Dallas County courtroom. 467 00:18:49,421 --> 00:18:50,547 ♪ ♪ 468 00:18:50,631 --> 00:18:52,424 ‐ I know that there is a chance 469 00:18:52,508 --> 00:18:54,259 that this police officer could walk. 470 00:18:54,385 --> 00:18:56,011 And I know the devastation 471 00:18:56,136 --> 00:18:57,888 that it would have on this family 472 00:18:57,971 --> 00:18:59,014 and this community. 473 00:18:59,098 --> 00:19:00,849 ‐ Here comes this decision 474 00:19:00,933 --> 00:19:02,685 which reflects 475 00:19:02,810 --> 00:19:05,145 what has been going on in so many cities 476 00:19:05,229 --> 00:19:07,731 about young, unarmed Black men 477 00:19:07,856 --> 00:19:09,733 being shot by white cops, 478 00:19:09,858 --> 00:19:12,194 and we all thought, 479 00:19:12,277 --> 00:19:14,863 "Are they really gonna come back 480 00:19:14,947 --> 00:19:16,532 with a murder conviction?" 481 00:19:16,615 --> 00:19:17,866 ♪ ♪ 482 00:19:17,950 --> 00:19:19,284 ‐ Mr. Gill, Mr. Oliver, 483 00:19:19,410 --> 00:19:20,744 Mr. Brissette, Mr. Lane, 484 00:19:20,828 --> 00:19:23,205 if you would please rise for the reading of the verdict. 485 00:19:23,330 --> 00:19:25,374 ‐ As a prosecutor, particularly when you got 486 00:19:25,416 --> 00:19:26,875 the kind of victim that I had, 487 00:19:26,959 --> 00:19:29,420 you feel the weight of the world on your shoulders. 488 00:19:29,503 --> 00:19:34,341 ‐ This is cause number F17‐18595‐V, 489 00:19:34,425 --> 00:19:36,510 the State of Texas versus Roy Oliver. 490 00:19:36,593 --> 00:19:38,971 The verdict form reads as follows... 491 00:19:39,054 --> 00:19:40,764 ‐ You're worried to death 492 00:19:40,848 --> 00:19:43,350 that you're going to let this kid down. 493 00:19:43,434 --> 00:19:45,561 ‐ "We, the jury, unanimously find the defendant 494 00:19:45,686 --> 00:19:48,522 guilty of murder as charged in the indictment." 495 00:19:48,647 --> 00:19:50,232 ♪ ♪ 496 00:19:50,357 --> 00:19:52,651 ‐ Finally we got justice. 497 00:19:52,735 --> 00:19:55,404 Roy Oliver was not gonna get away 498 00:19:55,529 --> 00:19:59,658 with the murder of 15‐year‐old Jordan Edwards. 499 00:19:59,742 --> 00:20:03,495 ‐ I think it's unbelievably horrible 500 00:20:03,579 --> 00:20:05,706 that his life was taken away. 501 00:20:05,831 --> 00:20:08,751 I don't want this to be a teaching point or something 502 00:20:08,876 --> 00:20:10,544 for other police officers to learn about. 503 00:20:10,669 --> 00:20:13,255 I want it to have never happened at all. 504 00:20:13,338 --> 00:20:15,007 ‐ Did Roy Oliver taking the witness stand 505 00:20:15,132 --> 00:20:16,508 benefit or hurt his case? 506 00:20:16,633 --> 00:20:19,344 Yes, he was convicted of murder. 507 00:20:19,470 --> 00:20:20,804 But the sentence he received 508 00:20:20,888 --> 00:20:22,723 in the penalty phase indicated 509 00:20:22,848 --> 00:20:26,518 that this Dallas jury at least considered his point of view. 510 00:20:26,602 --> 00:20:27,936 Prosecutors asked for a sentence 511 00:20:28,061 --> 00:20:30,647 of 60 years behind bars. 512 00:20:30,731 --> 00:20:33,442 [keyboard clacking] 513 00:20:33,525 --> 00:20:36,320 The jury gave him 15. 514 00:20:36,403 --> 00:20:39,364 Defendants are never forced to take the stand. 515 00:20:39,490 --> 00:20:41,992 But that decision is likely the biggest one 516 00:20:42,075 --> 00:20:43,327 they ever make. 517 00:20:43,410 --> 00:20:46,246 For "Under Oath," I'm Dan Abrams.