Burton
FRANKLIN — An Edinburgh man has been convicted of attempting to murder a police officer during a traffic stop.
Joshua A. Burton, 28, was found guilty Tuesday of attempted murder, a Level 1 felony, and a sentencing enhancement for use of a firearm in the commission of a crime. The jury convicted Burton following a two-day trial in Johnson Superior Court 2, 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, 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.
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 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.
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 case against Burton was tried by Johnson County deputy prosecutors Bryan Smith and Lauren Racine.
“No one in Johnson County should have to put up with this behavior, but it was particularly offensive that Burton would ambush a police officer in this manner,” Smith said in a news release. “We are thankful that Edinburgh officers and their families can rest tonight knowing that Mr. Burton has been convicted of this offense.”
Johnson County Prosecutor Lance Hamner said he was pleased with the conviction and grateful Embry was not harmed by Burton’s actions.
“We are most fortunate to have highly skilled deputy prosecutors and diligent, alert law enforcement officers who successfully bring potentially violent people to justice without others being hurt,” Hamner said in the news release.
Burton is scheduled to be sentenced July 25. He faces anywhere from 25 to 60 years in prison.
