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."
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