A JURY YESTERDAY acquitted a Feltonville man of attempted murder but convicted him of assault charges in the 2013 shooting of a police officer during a struggle inside a corner bodega.
Eric Torres, 33, was convicted by the panel of nine women and three men of aggravated assault, assault of a law-enforcement officer and weapons offenses in the Aug. 13, 2013, shooting of Police Officer Edward Davies, who was shot in the abdomen.
He was also convicted of aggravated and simple assault in relation to three other cops involved in the struggle at the Almonte Mini Market, 4th and Annsbury streets, in which cops were yelling to Torres to show his hands, but Torres refused.
Torres had a .45-caliber Glock 30 in his waistband.
Davies, 42, lost his kidney because of the shooting. He walks with a cane. He testified at the trial that he has a 3-year-old son whom he "can't pick up right now. I can't go out and play with him."
After the verdicts, Davies, who was "drained," said: "I'm just happy it's over, that's all. I'm trying to move on with my family, make up for lost time, that's all."
Assistant District Attorney Lou Tumolo, who prosecuted the case with Assistant District Attorney Ed Jaramillo, said: "We're very happy with the verdicts."
The conviction on the charge of assault on a law-enforcement officer carries a mandatory-minimum sentence of 20 to 40 years in prison, Tumolo said. The aggravated-assault conviction in relation to Davies carries a maximum of 10 to 20 years behind bars, while the aggravated-assault charges on the other three officers each carry a maximum term of five to 10 years in prison.
Torres was also convicted of possession with intent to deliver heroin and possession of drug paraphernalia. After Davies was shot and Torres arrested, cops found heroin in his car and house.
The events leading to the shooting began shortly before noon that day when Torres, driving a BMW with a broken brake light, was pulled over by a cop at 5th Street and Allegheny Avenue in North Philly.
Torres gave the officer his driver's license and registration but then sped off. He crashed his BMW into a wall at Rising Sun Avenue and Bristol Street in Feltonville, then ran a half-mile to the market, across from his home. After cops spotted him, the struggle ensued.
Defense attorneys Catherine Berryman and Eric Zuckerman argued that Torres did not fire his gun, but that it accidentally went off when a cop pulled the trigger or it got caught on something and fired. They plan to appeal.
Prosecutors argued Torres fired his gun and shot Davies.
Torres faces sentencing June 8 before Common Pleas Judge Charles Ehrlich.