SAN MARCOS, Texas — Editor's note: The video published above is a KVUE report from April when the incident took place.
The San Marcos Police Department (SMPD) said on Jan. 25, 2022, that a grand jury review returned a "no bill" – meaning the grand jury did not find probable cause for the arrest – for the two San Marcos Police officers involved in a shooting along Interstate 35 in April 2021. An internal investigation also concluded the officers’ actions followed departmental policy.
In April 2021, SMPD identified the man killed in the shooting as 31-year-old Rescue Eram.
Officials said at approximately 12:19 a.m. on April 10, 2021, officers were alerted to Eram walking in traffic on I-35 near southbound Mile Marker 204 for Seguin (TX-82, TX-123). Officers saw Eram walk along the retaining wall then cross traffic. They attempted to detain him for his safety and the safety of passing drivers, officials said.
Officials said that officers noted Eram was holding a knife or similar object in his hand and at one point threatened officers by moving aggressively toward them. Officers attempted to de-escalate the situation before the man turned and ran in front of traffic, nearly causing a collision with an 18-wheeler semi-trailer truck.
Officers again tried to detain Eram, but he turned and fully charged at the officers with the weapon "held above his head in a manner similar to a striking or slashing motion," officials said. He was shot and officers began to administer life-saving efforts including CPR.
Hays County EMS medics were present at the scene and Eram was pronounced dead by a justice of the peace before being transported to the medical examiner's office. Eram was born in the Federated States of Micronesia and lived in the San Marcos area for the past couple of years. His next-of-kin have been notified.
Officials said there are three investigations currently underway regarding this incident. Those include an independent investigation by the Texas Rangers Division of Public Safety, an investigation by the San Marcos Criminal Investigation Division and an internal SMPD investigation.
The two officers involved in the incident were been placed on administrative leave per SMPD policy.
In a report released on Jan. 25, Hays County District Attorney Wes Mau concluded:
“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. 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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