Jan. 24—Selecting a jury for an upcoming capital murder case in the 413th District Court will take time, Johnson County District Attorney Dale Hanna said.

“In previous capital murder cases we’ve had to interview 120 to 150 potential jurors before we got a qualified panel,” Hanna said. “The process is very time consuming and can take up to six weeks.”

This because while the law allows attorneys to interview a pool of potential jurors as a whole on other cases, potential jurors for a capital murder cases — one where the state is seeking the death penalty — must be interviewed individually.

A pool of jurors went through the qualification process on Tuesday whereby jurors meeting legitimate, approved conditions, such as being responsible for caring for children or other family members, were excused.

The remaining potential jurors will return on Feb. 5 for individual interviews, Hanna said.

“That’s when attorneys question them on individual aspects of the case such as how they feel about the death penalty and other matters like that,” Hanna said.

Once jury selection completes, the trial is scheduled to start in April, Hanna said.

The case involves Burleson resident Jerry Don Elders, 40.

Elders stands accused of shooting Burleson Police Officer Joshua Lott during an early morning April 14, 2021 traffic stop.

Lott conducted the stop based on a defective taillight on a Mazda driven by Elders.

As Lott approached the vehicle, Elders displayed and fired a gun three times, hitting Lott in his chest and neck, according to police reports.

Rescue workers transported Lott to John Peter Smith Hospital where he was treated and released the following day.

Burleson police found the Mazda abandoned and on fire later that same day.

Police, also that same morning, received word that a Toyota Tacoma owned by Burleson resident Robin Waddell had driven through the rear parking lot gate of the Joshua Police Department and that a woman was laying near the department’s back door.

The woman, Waddell, died from gunshot wounds she received as she attempted to exit the Toyota. Subsequent investigation revealed that Elders entered Waddell’s property and forced her to drive him from the scene in her truck.

Elders, after shooting Waddell, fled from the Joshua Police Department in her truck. Later that same day, police in Gainesville located Elders and took him into custody. Police recovered a Smith and Wesson .38 Special 5-shot revolver from the front driver’s seat floorboard area of Waddell’s truck after they arrested Elders.

413th District Judge Bill Bosworth assigned District Judge John Weeks to oversee the jury selection process. Johnson County Court at Law No. 1 Judge John Neil will preside during Elders’ trial.

Elders, if convicted, faces a sentence range of up to life in prison or death by lethal injection.

Elders marks the fourth death penalty case during Hanna’ tenure.

Leo Rojas was sentenced to death in 1996 for the murders of his wife and brother. Bobby Ray Hopkins was sentenced to death in 1994 for the murders of two Grandview women.

Jurors gave Mark Soliz the death penalty in 2011 for the murder of a Godley woman. Soliz also shot and killed a deliveryman in Fort Worth shortly before the Godley shooting.

“Death was requested in all three of those previous cases,” Hanna said. “All three were found guilty and their convictions confirmed. Those go through appeals all the way up to the U.S. Supreme Court. All three of those men have since been executed. The death penalty is not something you ever want to be involved in, but the facts and heinous nature of those terrible cases demanded that justice be sought.”