In retrial, prosecutors argue man purposely shot cop 6 years ago; defense calls cops 'out of control'

Kristen Johanson
September 12, 2019 - 11:52 am
In 2015, then 33-year-old Eric Torres was sentenced to 66 to 132 years in prison in connection to a shooting that left Philadelphia Police Officer Edward Davies in a medically induced coma and nerve damage.

Philadelphia Police Department

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PHILADELPHIA (KYW Newsradio) — The second trial against a man accused of shooting a Philadelphia police officer six years ago is underway, after a high court vacated his conviction in 2017. 

Once convicted of shooting Officer Edward Davies, defendant Eric Torres told the jury of 12, with four alternates, that he was innocent of all charges against him, including aggravated assault and assault on law enforcement,  among other gun and drug charges.

Davies was shot in stomach in August 2013 and was in a coma for weeks, after prosecutors say he and other officers tried to subdue Torres inside a Feltonville convenience store.

Prosecutors say Torres fled a traffic stop at Fifth Street and Allegheny Avenue, crashed his car into a wall a half-mile away, then ran into the shop to escape cops. They say he eventually — and purposely — shot Davies during a struggle, and they note they have surveillance video, witnesses and physical evidence to prove it.

Davies still has physical injuries from the shooting, but he remains on the force.

Torres' attorneys, however, call the incident a "tragic accident."

The defense claims the cops involved were "out of control" and made "everything dangerous" for the people in the store. And, they say, Torres didn’t even have a gun on him.

The officer who first stopped Torres was the first to testify Wednesday. He said the defendant was acting erratic and nervous before taking off from the traffic stop.

He also testified that he eventually found a fabric-made holster on Torres after he was arrested.

Torres was convicted in 2015, but Pennsylvania Superior Court tossed it because they say the officers didn’t have probable cause to search Torres' home, where cops say they found drugs.

Davies is also expected to testify this week.