Police unfairly attacked for doing their job

LawCat

Moderator
http://www.pantagraph.com/news/news0804-01.html
Friday, August 4, 2000


Cop charged with murder

By STEVE SILVERMAN


A part-time Hudson police officer
was charged with first- and
second-degree murder Thursday in
the shooting death of a mentally
disabled man who drove away from
a Chenoa convenience store 11 days ago without paying for about $15
worth of gasoline.

Jeffrey A. Gabor, 23, who voluntarily surrendered about 2 p.m. Thursday at the McLean County Sheriff's Department, is charged in the July 24 death of 27-year-old Shannon Smith of Weston. Gabor
remained jailed Thursday night in lieu of $50,000.

Murder charges, which are
rare in cases involving
shootings by on-duty
police officers, were filed
after McLean County
State's Attorney Charles
Reynard's office reviewed
a preliminary investigative
report by Illinois State
Police.

Reynard declined to discuss details of the case,
citing recently established Illinois Supreme Court
rules that limit the amount of information authorities
can release about pending cases.

However, sources close to the investigation told The
Pantagraph that evidence suggests Gabor fired
several shots into the passenger compartment after
police boxed in Smith's car following a chase
involving officers from three departments.

Then, after another officer had time to walk halfway
around the vehicle, Gabor fired again, sources said.
No one would comment on the length of time
between the first shots and the last shot.

The first-degree murder charge alleges Gabor shot
Smith knowing that it created a strong probability of
death or great bodily injury. The second-degree
murder charge alleges Gabor believed his actions
were reasonable but that they were not.

Gabor, a 1995 Normal Community High School
graduate, faces 20 to 60 years in prison if convicted
of first-degree murder. Second-degree murder
carries a penalty ranging from four years on
probation to 20 years in prison.

While Reynard stressed Gabor is entitled to a
presumption of innocence, he said he hopes the
outcome of the case will restore public confidence in
police, which may have been shaken by the
shooting.

"I can confirm that I share the concern that citizens
have, the shock and the emotional distress that goes
out not only to the family members who are most
desperately injured by this type of event, but also to
the entire community," he said.

Gabor's prosecution "is a process that will restore,
hopefully, the faith of the community," said Reynard,
adding that he's not aware of any other police
officers in Illinois being charged with murder for an
on-the-job incident.

Reynard declined to say whether anyone else might
be charged. He said the investigation continues.

Two other officers -- from the Lexington and
Chenoa police departments -- also shot at Smith's
car, apparently in an attempt to shoot out the tires,
witnesses said.

The Pantagraph has identified the other two officers
as Dennis Carter of Chenoa and Jason Edmunds of
Lexington.

An autopsy showed Smith was shot five times in the
back and shoulder areas after being chased by
officers. Smith had reportedly failed to pay for
$15.05 worth of gasoline at a Chenoa convenience
store.

Police boxed in Smith's brown Cadillac about 6:30
p.m. on the Money Creek Bridge on Interstate 55
about two miles north of Towanda. Witnesses said
Smith rammed two police vehicles in an attempt to
flee after one of the officers smashed out a car
window.

Reynard said Assistant State's Attorney Robert
Freitag received the state police's preliminary report
Wednesday and reviewed it extensively before
briefing Reynard and First Assistant State's
Attorney Teena Griffin.

A group decision was made to charge Gabor with
both first-degree murder and second-degree
murder, which Reynard said was the "most inclusive
method" for prosecuting the case.

Gabor, who also was a police officer for the village
of Downs, made arrangements to turn himself in
through his attorney, Paul Welch of Bloomington.

"He has continued to cooperate with the authorities
as he has all along," said Welch, who wouldn't say
whether that cooperation included giving a statement
about the shooting to investigators. Welch declined
further comment.

Hudson Mayor Shaun Hermes released a statement
on behalf of herself and other village officials. In it,
she extended "our sympathy to both the Smith and
Gabor families. We are deeply saddened by the
situation."

Hudson Police Chief Roy Garrett, as well as mayors
and police chiefs from Lexington and Chenoa, either
could not be reached Thursday or refused
comment.

Kevin Hinshaw, who was Gabor's supervisor for
about eight months in 1998 and 1999 when the two
worked together as patrol officers at Comlara Park,
also expressed sympathy to both the Smith and
Gabor families.

"I feel sorry for everybody involved," said Hinshaw,
now a police dispatcher for McLean County.


------------------
LowClassCat
Always willing to calculate my chances
 
Nice title for you thread, Lawcat.

How about: "Part-time 23yo cop decides 'gas station bandit' must die"
 
I thought that trying to ram someone with a car was assault with a deadly weapon and self defense was warranted? Firing that final shot probally wasn't nessacary, but was that the one that killed Smith? I think that we should reserve judgment absent the facts presented by both sides.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by striker3:
I thought that trying to ram someone with a car was assault with a deadly weapon and self defense was warranted? Firing that final shot probally wasn't nessacary, but was that the one that killed Smith? I think that we should reserve judgment absent the facts presented by both sides.[/quote]

Lets get the information article straight if you want to discuss it.

Neither this article, or the one in Legal, says "ram someone with a car." The other article states it was a single empty patrol car. This article does not mention either car being occupied. It was also reported by a TFL member that the car was blocked well and could only travel 3 feet. In other words, nothing yet has suggested high speed ramming of a police officer.

Notice also that this article states the attempt to flee was AFTER this guy had his window busted in.

Also, notice that the two articles conflict each other on the sequence of shots by the officer. Carefull reading of both articles suggests that 3 initial shots were taken, then 2 more after a brief pause. All 5 shots hitting the driver.

We can all agree that the media does a poor job of reporting the facts. However, in order to have an intelegent discussion we must base that discussion on what is presented.

We can certainly change our minds if later more accurate information is presented.

Sprig
 
I wish I could say unbelieveable that anywhere a suspect in a $15.00 theft could be murdered in cold blood but in our current police state it's become common to hear of suspects deaths from LEO gunfire..henry
 
Here's one for ya guys. Several weeks ago, I stopped into a gas station, used the company fuel card, filled up, windshield, the whole thing right?
I take the receipt after I'm finished, and am heading down Interstate 35, when about 20 miles down the road I'm pulled over. The State Trooper approaches the vehicle after a couple other cars arrive. They tell me to get out of the van. I do, and ask them what the problem is. I'm treated like a piece sh!t, and told that I was turned in for stealing gas. I told him it was BS, and had the receipt to prove it. I showed him the receipt for the fuel, the credit card, everything...
They take me back to the station to face the arsewhole who claims I didn't pay him for the gasoline. When they show him the receipt for the fuel he does a retake, and says that the machine didn't show I'd paid with a credit card, etc. Guy was lying his arse off about this, and it was obvious.
I call the Wright Fleet 800 number and prove to the officers that the card was charged for the fuel, the whole thing. After several hours of screwing around, I'm told I can go. Problem is I'm 20 miles away form my van, and they won't take me back to it. I have to call a cabby, and drop $40 to get back to the van.

So, when someone says that a guy has stolen some gas, I'm damn skeptical about it, and up front consider it to be some jerk who doesn't know sh!t from applebutter.

I think the question we should all be trying to seek an answer to is this:
Q: Why was the young LEO arrested?

Perhaps because there was probable cause to do so??
Based upon the reports of all the officers at the scene, including his.
And not on the basis of some reporter who isn't going to be given all the known information on the case.


[This message has been edited by Donny (edited August 05, 2000).]
 
This incident is a real sore spot for me. I'm slightly acquantted with both Jeff Gabor and Shannon Smith. Shannon did have a mental disabilaty but he was not dangerous and was well thought of in the area. The local law knew of him,his condition,and his habit of not paying for gas when he pumped it. As far as I know was the only crime he ever commited. There were five departments involved Lexington,Chenoa,hudson,Mclean County,State. Mclean County decided not to join persuit and arrived shortly after Smith's car was Blocked. Lexington,Chenoa and hudson are small towns and can't afford the pay requiered to attract experienced LE.

Small Towns are boring and when an officer hears about some excitement on the radio he goes into "Hot persuit"mode.This time things went wrong and I honestly think What happened was wrong.After shooting Smith five times in the back Gabor had to be ordered to reholster his weapon. 31 shots were fired in a work jone with road crews still in the imediate area. imo Gabor lost control of himself and Smith paid the price. I am not turning this into an anti LE thread nor am I anti LE. My only brother is a 12 year vetran of the Bloomington Police force. When things like this happen citizens have the right to ask Why,investigate and possibly prosicute if the actions warrent. If the first degree murder charge stick Gabor could face up to sixty years in prison. My heart goes out to both the Gabor and Smith families. :(
 
Originally posted by Henry Bowman:
I wish I could say unbelieveable that anywhere a suspect in a $15.00 theft could be murdered in cold blood but in our current police state it's become common to hear of suspects deaths from LEO gunfire..henry[/QUOTE
==========================================
Well, the $15 figure should be taken as a *state* benchmark. The federal one is much lower. In Waco, the BATF attacked over
potential dispute of $200 tax; divide $200
by 80+ dead, and you get $1.25 per person
federal threshold.
If you have a financial dispute with the ferals, make sure that it's less than $1.25.
OTOH, it may not help, what with a flood of new laws being daily unleashed on us.


------------------
LowClassCat
Always willing to calculate my chances
 
I'm with Bill P. I'm from farther down I-55 so I don't know either person involved, but rumors are rampant here. The general consensus is at least 5 shots in the back.

Now, what is the ONLY situation that justifies shooting someone in the back while he's inside the car and you're outside it? The only one I've ever heard is that the suspect either is known to have a firearm and disobeying commands or is (or appears to be) reaching for a weapon. I believe that the probable justification for the charges is that those criteria were not met--but I DON'T KNOW. Neither does Bill, and neither does Lawcat. None of us have the first clue what happened and we won't for some time, so let's all just settle down, OK?

Lawcat, I'm not flaming you, but I don't believe you have any way of knowing that Gabor was "doing his job." To post this article with that title was, at best, a mistake. This is a tragedy from all angles. I will apologize if it turns out that Shannon was armed and threatening the officer in some way that justified the shooting.
 
Now we can see why this boy was only a part time officer.
 
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