Grand jury clears two San Marcos police officers in fatal shooting of 31-year-old man

Officials said an internal investigation concluded the officers’ actions followed departmental policy

Rescue Eram, 31, was shot and killed by San Marcos police after he allegedly charged at them with a weapon, officials said. (KSAT)

SAN MARCOS, Texas – Two San Marcos police officers will not be facing charges in a shooting that resulted in the death of a 31-year-old man last April after a grand jury cleared them in the case, according to San Marco city officials.

On Monday, a grand jury review returned a “no bill of indictment” for the two police officers involved in the shooting, according to a report given to the San Marcos Police Department from Hays County District Attorney Wes Mau. An internal investigation also concluded the officers’ actions followed departmental policy.

Rescue Eram was shot and killed by the police officers on April 10, 2021, after city officials said he charged the officers with a weapon above his head.

Officers first saw Eram when he was walking along a retaining wall on Interstate 35 and cross-traffic. That’s when officers attempted to detain Eram “for his safety and for the safety of passing motorists,” according to a news release from the city.

Officers said Eram was holding a weapon that appeared to be a knife and threatened officers by moving aggressively toward them.

City officials said that officers attempted to de-escalate the situation before Eram turned and ran into traffic, almost resulting in a collision with an 18-wheeler semi-truck.

When officers tried to detain him again, Eram turned and “fully charged officers with a weapon above his head in a manner similar to a striking or slashing motion,” city officials said.

Officials said he was shot by officers and they began to perform life-saving efforts on him. Eram was pronounced dead at the scene.

“The officer’s reported perceptions are compatible with the body camera footage and other evidence observed at the scene. The officers reasonably perceived Eram’s actions as demonstrating the imminent unlawful use of deadly force, potentially the murder of a peace officer.” Hays County District Attorney Wes Mau said in a statement. “Eram’s refusal to drop the weapon when demanded at gunpoint raised reasonable concerns about his intentions. Eram’s subsequent sudden charge towards officers with the weapon raised cannot be reasonably interpreted as anything other than a potentially deadly attack.”

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About the Author:

Emily Martin is a digital producer trainee at KSAT. She earned a journalism degree from Texas State University, where she was news director at KTSW, the campus radio station. She has also interned at KXAN and KUT in Austin.