PHILADELPHIA (KYW Newsradio) — A mistrial has been declared in the second trial of a man accused of shooting a Philadelphia police officer six years ago.
Eric Torres was originally convicted of shooting Officer Edward Davies during a struggle in 2013, but that conviction was thrown out.
His defense attorneys filed a motion on his behalf saying that a gun showed Thursday morning to the jury went against a Pennsylvania Superior Court ruling that nothing from a seizure inside Torres’ home could be used. They argue it was used in error at the first trial against Torres.
Torres, 37, was convicted in 2015 of aggravated assault, assault on law enforcement, as well as other drug and gun charges. But that convicted was tossed because the higher court ruled officers didn’t have probable cause to search his home — a point used in the first trial.
Thursday morning in court, prosecutors showed a gun from that home but argued to the court it was a mistake. Torres’ attorneys disagreed, saying it was intentional, so they filed a motion for a mistrial.
Torres’ third trial will take place in late October.
This is a developing story. Stay with KYW Newsradio for updates.