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Uploaded: Wednesday, February 6, 2013, 11:14 AM
Accused murderer of activist David Lewis set free
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by Sue Dremann
Palo Alto Online Staff
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 | The man who confessed to gunning down well-known East Palo Alto community leader David Lewis was set free by the San Mateo County court on Tuesday, Feb. 5.
Gregory Leon Elarms Sr., 60, was released from jail three months after a San Mateo County Superior Court judge threw out first-degree murder charges against him after finding that San Mateo police violated his Miranda rights. The California attorney general is appealing the decision.
Elarms confessed that he gunned down Lewis on June 9, 2010, after following him to the Hillsdale Shopping Center in San Mateo, where Lewis was fatally shot in the parking garage. His motive remains unknown, but the two were childhood friends, police said.
While Elarms awaited trial on the murder charges, he was found to be mentally incompetent and was placed in a state mental hospital to receive treatment. A judge found he was restored to competency in May 2012.
Tuesday's court ruling by Judge Craig Parsons was a double blow to prosecutors, who had sought to keep Elarms behind bars on weapons charges while the appeals court reviews the murder case. Elarms had been in custody on $500,000 bail.
Elarms pleaded no contest on Jan. 3 to possessing handmade "shanks" while in jail, including a sharpened toothbrush, a sharpened spork and two sharpened pencils tied together to work as a stabbing instrument.
Elarms was in court Tuesday for a hearing to withdraw his plea and to set a date for sentencing if the withdrawal was denied. His request for a new attorney and move to represent himself were denied.
But a defense motion to continue the hearing was granted, and the court agreed to release Elarms on his own recognizance.
Elarms was released from jail on the condition that if he fails to appear at a court hearing or commits a new offense, the maximum four-year state prison sentence he could receive on the weapons charges would be removed.
Prosecutors vehemently objected to the release.Are you receiving Express, our free daily e-mail edition? See a sample and sign-up for Express.
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Posted by AMAZED, a resident of the Menlo Park: Menlo Oaks neighborhood, on Feb 6, 2013 at 3:33 pm Really? We are holding people in prisons for MARIJUANA, but kill someone and you get a get out of jail free card even though while IN JAIL you obviously were ready to kill other people?
David Lewis was doing GOOD WORK for the people of California after having been heavily involved in gangs. He was trying to take the power away from gangs by bringing truth to those who needed to hear it. Having met David Lewis, this is simply appalling, but just continues on the same trend of the insanity of guns and gun violence.
NO WAY any killer would have been released in other situations. This is the sort of person we SHOULD have in prisons since they are dangerous.
On a much lesser point, how many HOURS AND HOURS of court time was taken up and how many juror hours were wasted to arrive at this insane decision??
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Posted by Elder, a resident of the Menlo Park: Central Menlo Park neighborhood, on Feb 6, 2013 at 3:47 pm No jurors. They had started selecting the jury in October but dropped the case, due to the violations b the police.
David Lewis was indeed a good man who turned his life around. A tragedy.
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Posted by Glad he is free, a resident of the Atherton: Lindenwood neighborhood, on Feb 6, 2013 at 8:37 pm I applaud the court for setting this man free. It should send a strong message to San Mateo Police who violated his rights and other police agencies in the county who think they can trample on anyone's rights.
Before everyone jumps on this and says what a bad person Greg Elarms is, let's remember he is innocent until proven guilty. If authorities can't make a case without trampling on his rights, then he deserves to be free.
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Posted by Hmmm, a resident of another community, on Feb 9, 2013 at 11:14 am He isn't innocent - he admitted the murder. While the right decision, it's appallingly sad. The police screwed up & are to be held accountable. What's being done about that??
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