Pubdate: Sat, 20 Dec 2008 Source: Augusta Chronicle, The (GA) Copyright: 2008 The Augusta Chronicle Contact: http://chronicle.augusta.com/talk/letters/ Website: http://chronicle.augusta.com/ Details: http://www.mapinc.org/media/31 Author: Sandy Hodson MAN'S MINOR CRIMES ADDED UP OVER YEARS hough police never charged Mr. Elmore with a violent crime, the 23-year-old fatally shot by deputies last week appeared to be constantly on their radar. In addition to three felony drug cases, Mr. Elmore had 12 different misdemeanor cases. He spent time in jail, but never for very long. That's not a surprise to people familiar with the criminal justice system. Only so many people can fit in overcrowded jails and prisons, and judges prefer to use those spots for criminals who commit violent and major crimes, attorneys said. Mr. Elmore's offenses mostly dealt with drug possession and traffic violations. Veteran criminal defense attorney Pete Theodocion said Mr. Elmore's number of arrests might shock some people, but it is probably more reflective of his socioeconomic circumstances. People in poor neighborhoods have more contact with police, he said. If someone has a proclivity to act out, he is going to be in court a lot, Mr. Theodocion said. The reality is a college student who uses marijuana constantly is less likely to be arrested than a user in public housing. "It is what it is," he said. Still, a dozen arrests is an extreme number, said Augusta attorney Scott Connell, who has practiced law as a prosecutor and a defense attorney. Once a person is known to the police, he can expect more encounters, and if he is hanging out in areas where police know drugs are bought and sold, the chances of being stopped and questioned increase even more, Mr. Connell said. He agrees with Mr. Theodocion that the police presence is greater in poor neighborhoods. It's also where police are needed more, Mr. Connell said. But the perceptions residents there have of police are often negative. People in middle- and upper-class areas see a police presence as a comfort, not intimidation, Mr. Connell said. Richmond County State Court Judge David Watkins sees a lot of repeat misdemeanor offenders. Augusta isn't a very big city, and once a person is on the radar of law enforcement, he tends to remain there, the judge said. Mr. Elmore owed more than $5,000 in fines on his felony drug convictions and thousands more from his misdemeanor cases. The probation department filed violation warrants numerous times because, for one reason, Mr. Elmore wasn't paying on his fines. Judge Watkins said he and other judges are willing to convert fines into community service or waive fines if defendants follow the probation rules. "It's not locked in that someone is set up to fail," he said. "But sometimes it's almost that the system is trying harder to help them than they are willing to help themselves." - --- MAP posted-by: Larry Seguin