System failure

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If the "system" is even remotely to blame for Justin Elmore's death, it's because it didn't deal more harshly with him sooner.

Despite repeated run-ins with the law from 2002 until last December, the 23-year-old was treated by the courts as a first offender until last October.

After a litany of charges, from fleeing officers to drug possession to disorderly conduct to theft by receiving and possession of a stolen gun, he was given probation for three felonies under the First Offender's Act in 2006.

Not surprisingly, he failed to pay fines or even report while on probation.

Despite several years of failures to abide by probation rules -- failures that included new arrests, failure to report and more -- his "first offender" status wasn't revoked until last Oct. 29.

Interestingly, no hearing was ever set to determine whether Elmore should have had his probation revoked for all his violations and be sent to prison.

The irony is, if he had been sent to prison, he might be alive today.

Instead, when two Richmond County sheriff's officers stopped him and sandwiched the SUV he was in last Dec. 14 to check out a report of a car just like his transporting drugs and guns, he attempted to flee again. This time, he did so while driving at an officer, who shot and killed him.

A grand jury Tuesday declined to indict the officers. Indeed, there wasn't the faintest hint of criminal behavior on the part of officers, who have every right to defend themselves.

Rather, the jury might have indicted the system if it could have.

Yes, Elmore owns 99.9 percent of the blame. He was involved in drugs and had a history of running from law enforcement.

Kids can take four lessons from this tragedy: Don't break the laws; don't break the laws repeatedly; don't run from police; and if you do, don't run at them.

But though we understand that you can't imprison everyone, you have to wonder how the judicial system managed to string Elmore along as long as it did. How could the courts have even technically considered this guy a first offender, particularly up until last October?

In this case, lenience did Justin Elmore no favors.

More importantly, it put Richmond County sheriff's officers in harm's way.

As the grand jury determined, what the officers did in defending themselves wasn't criminal.

A lot of what led up to the shooting was.

Comments

Riverman1

First off, that picture is deceiving. Elmore was actually backing up when it was taken if you play the video you will see Elmore turns around Ortiz and goes up on the curb and sidewalk where he is shot through the side window. I do agree Elmore was a bad man, yada, yada, yada, but the incident is disturbing since it clearly shows that Elmore drove up and away from Ortiz. Ortiz was still standing in the street and was not in danger when he was firing those side shots by any stretch of the imagination. The residents of the apartment were in far more danger as his bullets entered the residence. Hey, not easy to bring all this up, but someone has to speak the facts it appears.

Riverman1

All the wrongs of Elmore , all the faults of the public housing residents and all the wrongs with our judicial system don't change the facts of the incident. Nor does one epidose make the police any less brave doing a thankless job. But let's always search for the truth and not cloud the truth of the events with emotions either way.

ColdBeerBoiledPeanuts

Riverman since you are such the expert, why don't you touch a few keys on your computer and fix the economy too. I've walked miles in those officers shoes and been in similar situations and totally believe they acted as they should have!

avidreader

I wonder if this incident is going to put a dent in tinted window sales?

patriciathomas

Mr Elmore was reformed in December. Why is it still in the news? The officers trained to protect the public were found guilty of doing their job properly and innocent of improper action. CASE STILL CLOSED. Thank you officers.

charliemanson

Police work is stressful. Unfortunately, Mr. Elmore became the perfect stress reliever.

gdaddy

It's just a shame that more of this doesn't happen. It's also a shame that these 2 officers had to be on desk duty instead of back out serving and protecting. If more of this kind of action from our law enforcement were done maybe the stupid thugs would think twice about breaking the law. hip,hip hurrah for RCSD for a job well done.

El Guapo

Police need to stop coodling these perps and use more ammo.

jedex6

PT, you take the easy way out. Nothing keeps YOU awake at night. To you, the world is simple and absolutes easily satisfy your mind. If Elmore is no better than a piece of dirt that you would scrape off your shoe, it should at least bother you that we live in a world where such an attitude towards others is considered routine and civil, and where misfits such as Elmore are routinely produced. But such contemplation is way beyond what your limited mind with its hidebound ideas and prejudices is capable of. There are many of your generation that are exactly like you in their thinking. I am only glad that you are steadily dying out. You, Cheney, and Rumsfeld, that is. And you can throw in the rest of the conservative, all-white, male establishment who have caused enough damage already and poisoned the atmosphere for all who come in contact with them.

Riverman1

El Guapo, the radio guy, had a post removed....interesting. But let me say, I sincerely appreciate the efforts of the AC in presenting all sides of the story. That's exactly how you maintain credibility, keep those offended believing the system will work and keep the peace. You walk a fine line, AC. Keep trying to keep it even.

Riverman1

One more point to bring up. Wasn't it reported in the media that the police had received a report about an SUV involved in a crime that was not, in fact, Elmore's vehicle? Given that there are reports that the shooting occurred because Ortiz couldn't see in the vehicle and believed that this was ANOTHER VEHICLE, iT IS EASY TO SEE HOW THIS MISTAKE COULD HAVE HAPPENED. I'm sure civil actions will sort all this out.

Riverman1

The AC knows very well what is going on now as I have learned and that the civil action is underway. The AC has calmed the masses by presenting both sides. Let's see how it plays out and how the AC reacts when reporting on a noncriminal matter. For the record, I'm glad Ortiz was not held criminally guilty, but a lawsuit is another matter.

mad_max

Well me and Cheney and Rumsfeld just had a conference call and decided that our position is that if the judges would actually forget about fines and probation and lock these little heathens up when they commit their first offenses as young teens, maybe we wouldn't have to shoot them in their late teens and early 20s. And if you think that conservative, all white males are the reason that kid is dead, you need to run into your bathroom and take a good look at the mirror. That kid was a product of liberals just like you who quit disciplining children at home and made excuses for them when they screwed up and got arrested when they were teens. If you can't control them when they are kids then somone has to shoot them with they are adults. It's got nothing to do with white, conservative, or Cheney. It's got to do with Raising Children 101....the 1950's edition.

patriciathomas

jedex, the cure for those raised to be like Elmore is responsibility and accountability. While responsibility can't be forced, accountability will eventually get you. The change in social attitude that would greatly reduce the Elmores in this world is the exact change that would prevent you from being such a shallow and naive twit without a clue...no offense intended. I definitely do feel something. I feel the social standards have been shamefully lowered in this country and maturity is way too rare.

concernmom

First of all the officers could have shot out all four tires. Then, the officers could have asked him to step out of the vehicle with his hands up. This is all just a huge travesty for our community

patriciathomas

concernedmom, first of all, Elmore could have not been in the situation or forced the situation...then, all of your wild speculation could of, or might have happened...had the situation been different. Why bother to have police if you're going to second guess them after the fact?

jedex6

PT, I will not disagree with you. The moral shift and the breakdown of the family and other social supports since the 1950's is indeed responsible. I am not a complete twit, as you seem to think. However, you must admit that your first post is completely callous, and you should have given it as much thought as you di your last two. Thank you, in advance, for your apology, and for admitting that there are a few things (very few) that we can agree upon.

storiesihaveread

Riverman1 I am now putting you in the same class of idiots as richmond county resident and justus4. You all need to decide who will head the club called idiots of augusta club. Your membership will grow fast. With all the idiots that live in this dumb as town.

tonyt15street

System Fails Again : fails to lock up another cowboy cop running around murdering mnorities. The Blue Code at its best. Fence riding black leaders fail us again. White kids don't hae legal problems they have psychological issues because their parents or a friend in a position to bails them out, so later they end up committing suicide, shooting up a school or turn to punk rockers.

tonyt15street

Racist reporter are at it again, THE SYSTEM FAILS WHITE RICH KIDS: check on your school shooting up, husband killing the whole family, meth labs in the back yard, herion in the kitchen, estacy, acid and pill popping KIDS.

patriciathomas

tony15, everything you name is not good. What's your point? Rich is bad and poor is good?

tonyt15street

patriciathomas ,That's what some the bloggers think that poor black people are scum, and oh they feel it is good on the cops to shoot them and rid the earth from their words. We are all equal.

corgimom

Jedex, Elmore was not a misfit. He was an criminal anti-social sociopath that felt that he was above the law. There is a huge difference between that and a misfit. As for concernedmom's bizarre idea of "shooting out all the tires"- huh? Do you think he couldn't run somebody down if the tires were shot out? Do you think everything you see on TV is real? And they DID tell him to get out of the car. tony, a whole lot of us on here grew up poor. I don't think poor people, of any color, are scum. I do, however, think that criminals, no matter what their color, are scum. There is a difference.

richie24

A young man drives to Cherry Tree to see some friends, He is now leaving. A cop has passes him and turns around as another officer pulls up in front of him and stops. He waits for a second trying to see what is up. He now attempts to back up not knowing the cop wants him. They have yet to wave him down just have lights on which means there is a problem in that neighborhood. He does not think that this officer wants him, so he backs up bumping into another officer that he did not see pull up behind him in the mirror, started he quickly turns while trying to pull up. However,the officer runs and positions himself in front of the vehicle as he turns he sees an officer pointing a gun at him and panics, mashing the gas to avoid the cop and the shots. Shots are fired as he jumps the curve, he passes the officer and the officer continues shooting striking him in the head as he passes. His car rolls to a stop, they break the window and pull him out on the ground, can you see him, can you see him ,it's a white kid ,he's a 23 year old white male. Can you see him, bloody brains hanging out, dead body? Can you see him? He is white.

jillpeterson

corgimom, was elmore diagnosed as an anti-social sociopath by a psychiatrist, the coroner, or you?

georgialawyer

To top that off, someone has posted on the Augusta Chronicle web blogs that the District Attorney Ashley Smith is living or has lived with an officer from this department; is that true, if so who is thie officer? And the guy over internal affairs wife works for the District Attorney . Real Mom & Pop right.

FACTFINDER1

Cats and Dogs

FACTFINDER1

Events leading up to and after Elmore case, expose their training. R.L & A.D and let's not forget the guy that direspected his mother.

FACTFINDER1

I think that a District Attorney dating an Sheriff Deputy, and an Internal Affairs leader, wife should not be allowed to work for the District Attorney. These are system failures. This can easily become a conflict of interest.

FACTFINDER1

Very decietful picture, this is a still shot before the car backs up and as Ortiz is going to position himself in front of the the SUV as the truck was backing up. Great Magic TrICK cHRONICLE, HOWEVER, God will deal with everyone that has a hand in the injustice in his own way. All that are apart of this debacle will have to anwser to Christ, even if you know what is taking place and don't report it.

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