Shooting recalls 1998 case

Sunday's police shooting of a man in the Cherry Tree Crossing housing project resembles an incident 10 years ago that also drew outrage in a predominantly black neighborhood.

Alfaigo Davis was shot and killed by two Richmond County sheriff's deputies on Feb. 21, 1998, when, the officers said, he tried to run over them after being chased for fleeing a traffic stop.

Mr. Davis was shot by Deputies Nicholas Capobianco and Gary Clark Jr. after he'd been cornered in a cul-de-sac in the Apple Valley community, according to their statements to the Georgia Bureau of Investigation.

Mr. Davis was shot 10 times: once to the back of the head; four times to the back; once to the left hip; twice to the chest; once to the left arm; and once to the right arm.

In that incident and in Sunday's shooting, the two men shot had previous brushes with the law. Mr. Davis, 29, was on probation for a felony conviction for possession of cocaine and had three outstanding warrants on charges of making harassing phone calls, criminal trespass and failure to appear in court on eluding police, which he tried to do on two occasions before the shooting incident.

Sheriff Strength said Justin Leonard Elmore, the man shot Sunday, has an extensive criminal background. According to Richmond County Superior Court records, Mr. Elmore, 23, is on probation for drug convictions and has a drug case pending.

Mr. Elmore's most recent arrest was Aug. 24, when he was charged with possession of cocaine with intent to resell and misdemeanor possession of marijuana. Court records show he is free on bond in that case.

Mr. Elmore has been on probation since October 2006, when he pleaded guilty to two drug convictions. His first arrest was in December 2005; the second occurred in August 2006. Judge J. Carlisle Overstreet sentenced Mr. Elmore on both of those cases to five years' probation.

After Mr. Elmore's most recent arrest, his probation officer asked the judge to find him in violation of his probation. That petition was dismissed Oct. 29.

Both shooting incidents, as per department procedure, were turned over to the GBI. Four months after the Davis shooting, a grand jury chose not to indict the two deputies on criminal charges. A year later, a U.S. Department of Justice investigation into whether the deputies violated Mr. Davis' civil rights cleared the men of any wrongdoing.

Staff Writer Sandy Hodson contributed to this report.

Reach Mike Wynn at (706) 823-3218 or mike.wynn@augustachronicle.com.

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