Burton
An Edinburgh man will serve 45 years in prison for attempting to murder a police officer during a traffic stop.
Joshua A. Burton, was sentenced Thursday to 45 years in prison on a charge of attempted murder, a Level 1 felony, and a sentencing enhancement for use of a firearm in the commission of a crime. Burton was convicted of the charges in June by a jury in Johnson Superior Court 2.
Prosecutors say Burton tried to shoot Edinburgh Police Officer Clayton Embry during a routine traffic stop on the evening of Dec. 27, 2023. Embry had initially responded to assist fellow officer Sean Pendleton, 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 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 began to speed, reaching speeds of over 60 mph in a 30 mph zone. Embry pursued Burton, eventually reaching speeds of 70 mph before completing a traffic stop on Burton on Memorial Drive, the affidavit says.
Embry was still inside his patrol car when he 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 saw Burton try 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.
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. The primer of the round located in the chamber of the firearm had been struck, according to the affidavit.
Burton also had two magazines with 59 rounds of ammunition in his possession, the affidavit shows.
Other county agencies, including the Johnson County Sheriff’s Office, Franklin Police Department and Greenwood Police Department assisted in the investigation of the incident.
The attempted murder charge carried a possible maximum of 40 years and an advisory sentence of 30 years. The sentencing enhancement provided an additional five to 20 years, according to the Johnson County Prosecutor’s Office.
During the sentencing hearing, Judge Peter Nugent heard testimony from Officer Embry, his family and Edinburgh Police Chief Doyne Little. Deputy Prosecutor Bryan Smith argued for a sentence exceeding 30 years, prosecutors said.
“We asked the judge to give a sentence that would ensure the future safety of the Edinburgh community and its police officers from Burton’s evil intents and actions, and this sentence achieves that goal,” Smith said in a statement.
Johnson County Prosecutor Lance Hamner was pleased to see Burton go away for a long time, calling him a “would-be killer”
“For the next four decades, our citizens will not have to worry about Mr. Burton shooting at them or at the men and women who protect them,” Hamner said in a statement. “In this incident, Burton pointed a high-powered rifle at Officer Embry and pulled the trigger. The weapon misfired. I believe the misfire was divine intervention. May God continue to protect and bless our police officers who keep us safe every day.”
