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Grand Jury Doesn't File Charges Against Allen County Officer

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By: Charlie De Mar
Updated: January 10, 2013
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Elmo Portee Jr. was killed last March when the van he was driving was hit by an Allen County squad car.

A Grand Jury recently decided that the officer was not driving recklessly.

   

Grand Jury hearings are held privately and the proceedings are kept secret.  As a result, Portee's fiance felt helpless. 

 

We spoke with the special prosecutor in the case to understand why the secret hearing was necessary. 

 

Elmo Portee, better known as Junior,  was killed at the intersection of Diebold and DuPont last march, after an Allen County squad car hit his van while responding to a call. 

 

Shaunika Jones, has three children with Junior, and the couple was planning on getting married.

 

A Grand Jury found the officer who hit Juniors car not at fault for driving recklessly.  Jones is not satisfied with the ruling.    

 

"We're not going to give up we're going to keep fighting.  It isn't the end of the road," said Jones. 

 

"This case is transparent six citizens ruled on it in addition to my own experienced eyes and I think the right decision was made," said Dan Sigler, the special prosecuting attorney. 

 

Dan Sigler served as the special prosecutor in the grand jury hearing says there's reason behind the secrecy.

 

"The secrecy wasn't to keep the facts secret it was just to use the six people for their independent judgment to make the call on whether a crime had been committed or not," said Sigler.    

 

Juniors' mother, was allowed to testify on the behalf of her son--an exception made by Sigler.

 

"Nobody is going to be happy when they lose a loved one in this kind of circumstance and it's a terrible thing but they were in my view given a voice," said Sigler.    

 

Jones says nothing will replace Junior, but an apology from the officer will allow her to begin healing.  

 

"If they would step forward and say that my baby didn't do anything wrong that would help," said Jones.

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