Thursday, October 13, 2011

THE WRONGFUL DEATH OF RITA ELIAS

By Gaetana Drake

I was at 5th and H Street today, during the car wash fund-raiser for the family of Rita Elias. Rita is the young woman killed by an off-duty Stanislaus County Sheriff’s Detective last week. I talked to several people at the fund-raiser and have heard information that conflicts with what has been reported in the Modesto Bee.

The Bee has reported that Detective Kari Abby was at the home of Ms. Elias on personal business. The house Ms. Elias lived in was owned by the Abby family. There has been speculation that Detective Abby was there to evict Ms. Elias. First of all, it is inappropriate for a detective to involve themselves in the personal business of family members. Evictions are carried out by deputies, but they are on-duty and would not be involved in evictions that involve their own family members. I was also told that no eviction paperwork has been filed at the courthouse and the two men that shared the home with Rita were told there was no rent due.

A friend of Rita’s who lives four blocks away, told me that she heard gunshots at 6:00 p.m., not 6:30 as reported in the Bee. She was adamant about this, ”the shots were definitely at 6:00 PM”. She also said the first shot was “in the air” about the height of someone standing up. Then there were a few seconds before the next shots. The rest of the shots sounded “low” as if someone were leaning over to the ground. If the first shot put her on the ground, why was it necessary to lean over her and empty a gun into her body. She wasn’t going anywhere after that first shot to the face.

Also, I was told that a man who lives near Rita stepped outside just a few seconds before the first shot. He said that it was a man who shot Rita, not a woman. He saw the entire shooting episode. A man shot Rita, left the scene, then 15 minutes later, Sheriff Deputy Kari Abby came on the scene with two other men. Why is Detective Abby taking the fall for the man who shot Rita? Why is the Sheriff’s Office participating in yet another cover-up?

Additionally, as if it wasn’t enough that their family member was murdered, the Sheriff’s Office has refused to let Rita’s family view her body. She has not been identified by any member of her family. Does that seem cruel to anybody else? I spoke with Luis Elias, Rita’s father. While fighting back tears, he told me they have not let him see his daughter yet. While the investigation is on-going, and the family is trying to raise money for a funeral, right now this grieving father simply wants to see his daughter. If I were in his shoes, I would not believe it was my family member who was killed until I could actually see them. What possible negative affect can come about as a result of her family identifying her? It won’t affect the outcome of the autopsy. It won’t affect any information gathered from witnesses. The Coroner’s Office says it doesn’t have room for an entire family to view a body. However, there is not reason they can’t let Mr. Elias and another family member identify Rita. It is just a cruel way of controlling a grieving family. The Sheriff’s and Coroner’s Offices should be ashamed.

I was also told that the nine witnesses to the shooting each reported that Rita did not have a gun in her hand. The Sheriff’s Office is now saying that Rita had a replica gun.

I was told by several of Rita’s friends and family that yes, she was a fighter, but if she fought it was with her fists. She would never use a weapon.

There were approximately 75 people at the protest this evening at Paradise Road and Martin Luther King Drive. Most of the protesters were carrying signs asking for justice for Rita. Many people were questioning the information that has been provided by the Sheriff’s Office and reported by the Modesto Bee. There was a reporter from the Bee there tonight and I look forward to seeing a story covering the protest in tomorrow’s newspaper. There was also coverage from Fox 40 News and Channel 13 news.

Rita’s family is not going quietly away like the Sheriff’s Office would like them to do. They want to see justice for their loved one. There are three young children who now have a guardian angel in Heaven, but will miss their mother for the rest of their lives.