Burton
An Edinburgh man was formally charged Thursday with attempted murder after he allegedly tried to shoot a police officer last week.
Joshua A. Burton, 28, is charged with attempted murder, a Level 1 felony. Level 1 felonies are punishable by up to 40 years in prison, according to the Johnson County Prosecutor’s Office.
Prosecutors say Burton tried to shoot Edinburgh Police Officer Clayton Embry during a routine traffic stop on the evening of Dec. 27. Embry, a member of the department for nearly two years, had initially responded to assist another officer who had a brief encounter with Burton at the Edinburgh Athletic Field.
When Embry arrived at the athletic field, he saw Burton get into his vehicle and drive away. Embry was asked to follow him, later seeing Burton allegedly fail to come to a complete stop at a stop sign at Campbell Street and Eisenhower Drive, according to a probable cause affidavit.
Burton turned onto Eisenhower Drive and reportedly began to speed, reaching speeds of over 60 mph in a 30 mph zone. Embry pursued Burton, eventually reaching speeds of 70 mph before being able to conduct a traffic stop on Burton on Memorial Drive, the affidavit says.
Embry was still inside his patrol car when he allegedly saw Burton exit his car and run toward him with an “AR-style” firearm. The gun was shouldered and pointed at Embry, according to the affidavit.
While seeking cover, Embry observed Burton attempting to clear the firearm of a malfunction. He also pulled out his department-issue pistol, ordering Burton to drop the gun and get on the ground. He complied, the affidavit shows.
As Embry waited for backup to arrive, Burton looked at the officer. He then said, “You are a traitor to this country,” referring to the officer.
At one point, Burton started to move and Embry told him to stay on the ground. He did not comply, according to the affidavit.
Once officers arrived, about 20 seconds after Burton was on the ground, he was taken into custody. Embry informed Burton that he almost died, and he responded by saying “I don’t care,” the affidavit says.
The rifle Burton reportedly had in his possession used 5.56 caliber ammunition and had a round in the chamber when it was cleared by officers. Burton also reportedly had two magazines with 59 rounds of ammunition in his possession, the affidavit shows.
Embry had also that the primer of the round located in the chamber of the firearm had been struck, according to the affidavit.
During his transport to the Johnson County jail, Burton asked Embry about serving the in military and if he “enjoyed killing innocent people and invading other people’s countries.” The officer did not respond, and Burton later declined to answer questions, the affidavit shows.
An initial hearing has not yet been set.
