Defendant in fatal shooting loses bid to limit evidence
Judge: Suspect’s flight relevant to prosecution
Theodore Edgecomb says he shot Jason Cleereman in self-defense as the immigration lawyer aggressively approached him on the Holton Street bridge after the vehicle he was a passenger in nearly ran Edgecomb’s bicycle off the road.
His lawyers say the key question for jurors will be whether they believe Edgecomb reasonably feared he was in imminent danger of death or serious injury when he resorted to deadly force.
A judge ruled Tuesday hearing what Edgecomb did after the fatal shooting could help jurors answer that question at trial next month, and that video of him punching the victim moments earlier can be shown.
The fact a man charged with fatally shooting a lawyer on the Holton Street bridge fled the scene and the state for six months could help a jury decide whether he acted in self-defense, a judge has ruled.
Edgecomb, 31, is charged with firstdegree reckless homicide in the Sept. 22, 2020 shooting of Cleereman, 54, an immigration attorney and advocate. Moments earlier, Edgecomb, who was riding a bicycle, and Cleereman, a passenger in a car driven by his wife, had exchanged words.
Edgecomb struck Cleereman, while stopped on Brady Street, before Edgecomb rode onto Holton. It was there that the Cleeremans followed and pulled over before Cleereman got out and confronted Edgecomb.
Edgecomb claims Cleereman had uttered a racial slur, prompting the punch, then used it again and threatened to kill him when he ran at Edgecomb on the bridge.
Edgecomb’s lawyers argued evidence of his leaving town after the shooting is irrelevant to what he believed when he shot Cleereman.
Prosecutors say it shows “consciousness of guilt,” and also goes to Edgecomb’s overall credibility.
The defense also wanted the trial to focus only the homicide charge, and have two counts of bail jumping tried separately. Those charges are for having a gun in violation of the conditions in two open cases at the time — one for first-offense drunken driving with injuries, another for felony domestic battery.
Aneeq Ahmad said he feared the information might lead jurors to think that because his client shouldn’t have had a gun, he’s not entitled to the privilege of self-defense.
Circuit Judge David Borowski assured them he would make it clear to the jury they could still find Edgecomb acted in lawful self defense.
Video at issue
Edgecomb admits to punching Cleereman through the open passenger window, because, Edgecomb says, Cleereman had earlier called Edgecomb the Nword after Cleereman’s wife had nearly hit Edgecomb as he biked on Brady.
His lawyers argued that, because there is no video of the initial encounter, showing the punch would be prejudicial.
Assistant District Attorney Grant Huebner said he’s turned over all the video detectives could find from area businesses and police surveillance cameras. Some is destroyed after four months, he noted, and Edgecomb wasn’t arrested until six months later, in Kentucky.
Huebner said video of the punch shows Edgecomb provoked Cleereman to come after him on the bridge. Provocation makes it more difficult to raise self-defense.
Edgecomb has been jailed on $250,000 bail since arrest in March. Earlier efforts by his lawyers to get bail reduced have been denied. His trial is scheduled to begin with jury selection on Jan. 3.