North Texas capital murderer had fixation with Bonnie and Clyde when he shot cop: witness

Jerry Don Elders had a fixation with the near-mythological criminals Bonnie and Clyde and was under investigation for a series of catalytic converter thefts in North Texas when he shot a Burleson police officer and then abducted and killed a 60-year-old woman, a witness told jurors in the second day of the trial’s sentencing phase.

Elders, convicted of capital murder Thursday, faces life in prison without parole or a death sentence. A Johnson County jury began hearing evidence for the sentencing phase of the trial after delivering the guilty verdict.

Elders was indicted on a capital murder charge after authorities said he shot Burleson police Officer Joshua Lott three times during a traffic stop in 2021, fled and then kidnapped Waddell at her home, stole her truck, shot her and pushed her out of her truck outside the Joshua Police Department.

The capital murder conviction is for the death of Waddell. The jury was not asked to determine Elders’ guilt in the shooting of Lott.

Jurors on Thursday were shown images of Elders’ tattoos, taken over several years as he was repeatedly booked into the Johnson County Jail, which included the names “Bonnie” and “Clyde” in big, bold letters across the top of his back. He also had tattoos of portraits of family members and antagonists from horror movies. One said the words “[expletive] the Law.”

On Friday, an investigator with Burleson police, B. Wichman, read a handwritten poem found in a container rescued from Elders’ car after it caught fire following the traffic stop during which the officer was shot. The container also included tax forms, a Social Security card and other information on Elders that police used to identify him after they said he shot Lott.

Jurors also heard that Elders was under investigation in connection to a string of catalytic converter thefts. Because of the precious metals found in catalytic converters, they have in recent years been stolen in increasing numbers. Wichman personally saw Elders steal a catalytic converter from a car in December 2020 when he and other officers were conducting surveillance on him. Three others were stolen by Elders and at least one other person, Wichman said, but he didn’t witness the thefts.

Elders was arrested by Wichman for possession of methamphetamine. He described Elders as nonchalant with an attitude of “disdain” toward officers. In February 2021, he was being followed by officers who saw him stop in a parking lot, walk with his then-girlfriend into a field near a gas station and then walk into the woods. A third person was seen getting out of the vehicle “abruptly” and running away.

Wichman said he and other officers thought the behavior was odd and followed him into the woods. Wichman was about to tell the jury why Elders was detained when the defense objected to hearsay. Visiting Judge Lee Gabriel told the state that if it would need to call another witness to testify as to why Elders was detained, since Wichman made the decision based on second-hand information.

During that testimony, Wichman said he had the ability to arrest Elders and others involved in the catalytic converter thefts or stop the thefts from happening, even if they weren’t in his jurisdiction, but could also exercise discretion not to. He didn’t say why he and other police did not arrest or stop them.

Wichman also testified that he could call for police in another jurisdiction to join him in following a suspect if he thought there was a reason to conduct a traffic stop and ask the other agency to “develop their own probable cause” to stop a suspect, such as a headlight or taillight that was out or a traffic violation. He said in response to questions from the defense that he did not do that.

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The jury was presented with photos taken of a bag recovered from the burned vehicle Elders was driving when authorities say he shot Lott. Investigators testified in the guilt-innocence phase of the trial that Elders fled the shooting in the vehicle until it caught fire. In the photos, jurors could see syringes and bags containing what Wichman identified as methamphetamine.

Baggies containing other drugs, including mushrooms, were also found in the vehicle, Wichman testified.

The defense questioned what drugs found in the vehicle were used to charge Jeremy Brewer, a man who in the second day of the trial testified that he was in the vehicle with Elders when he shot Lott. Brewer was charged with possession and pleaded guilty to a lesser charge. As a part of the plea bargain, Brewer agreed to testify against Elders.

Wichman told the defense he could not remember which drugs found in the vehicle were used to charge Brewer.

“That would be kind of important in the punishment phase where death is an option, correct?” defense attorney Miles Brissette asked him.

“Yes, sir,” Wichman answered.

Family, childhood and drug abuse

Elders grew up with a loving mother and stepfather, his sister testified Friday. Growing up, the family would face financial struggles but he and his sister always had food, water, clothes and a place to call home. Elders’ sister said he was spoiled by their parents.

“They catered to him,” she said. “If he wanted shoes they would find a way. He would call my mom from the next room and say he wanted pizza and a Coke and she would get it for him.”

She told the court Elders has never complained to her about his childhood.

Elders was a good student when he was younger, his sister testified. He was awarded a special sweater by his school in recognition of his academic achievements. He would call it his “nerd sweater,” she said.

The two had a close relationship growing up, but began drifting apart as they got older. By the time she was an adult, they didn’t really keep up with each other, his sister said.

Trouble started when Elders began smoking marijuana when he was 14, his sister told the jury. His mother took him to counseling, but he began using harder drugs. She said he started getting into “criminal mischief” and was eventually sent to an alternative school.

Elders’ sister described his lifestyle as “reckless, careless, just excessive drug use. … Just not stable.” Elders couldn’t hold down a job. He would say it was his constitutional right to use whatever drugs he wanted, his sister testified, and his outlook on life was “sad, just cold, brooding, no ambition to have a family or anything. It seems like just the prison life is all he knows.”

Elders would get clean but always went back to using drugs, his sister said. He was hospitalized at least once. One time, his mother had to call 911 because he was overdosing. Throughout it all, his sister said, the family would try to help and support him.

Elders’ mother, who died April 27, 2016, would take him to counseling, group meetings and work programs, his sister said. Both she and her mother would give him a place to stay when on multiple occasions he was released from prison after drug convictions, with rules that he couldn’t use drugs, had to get a job and had to report to his probation or parole officers.

They would give him money, clothing and food, she said. At one point, his mother gave him a car. They would stay up all night with him when he was experiencing adverse affects of drug use.

Elders wasn’t receptive to help from family, though, and there were periods where his family wouldn’t pick up his calls because they couldn’t handle it, his sister said. She said she knew he was cycling back to drug use when he was living in her house because his behavior would change. He would come and go at odd hours, wake her and her family at night, fail to answer calls and disappear for days at a time.

She also testified, on cross-examination by the defense, that her children prefer to spend time with Elders than with their aunt on their father’s side of the family. She said it didn’t make sense to her because Elders has been in and out of prison and hasn’t been a consistent presence in their lives, but their aunt has always been there and is only 15 minutes away from where they live.

Her children enjoyed the same movies as Elders. Her daughter liked drawing with him when she was growing up. Her youngest son still wants to call Elders any time he gets a new toy so he can tell his uncle about it.

One time her daughter had a seizure and doctors were having difficulty with her recovery.

“He fell to his knees and asked God to take him instead of her,” his sister testified, starting to cry as she recounted the story.

Elders wept at the defense table as she talked about that experience and about the death of their grandmother. His breathing was ragged and caused him to jerk as he drew breaths through silent sobs. He had to take off his glasses and use a tissue to wipe his eyes and blow his nose.

But the last time Elders lived with his sister, she said, she had to kick him out. He started using drugs again, which broke the rules she’d given him. She didn’t feel like it was safe to have her living in the same house as her children.

He asked her for three days to get clean, but she told him he had to leave and couldn’t come back.

Since he killed Waddell, Elders’ sister said, he has blamed her death and the shooting of the Burleson officer on Lott for conducting the traffic stop, police for harassing him, his sister for kicking him out of her house and on the depression he experienced after his mother’s death. But she said he has taken responsibility for what he’s done “in his own way.”

“It breaks my heart,” she said through tears. “It just makes me physically sick to my stomach, to see the pain that we’ve gone through, my kids, and what he’s put other people through.”