What is ‘attempted capital murder’? Here’s what the charge from Olathe East shooting means
An 18-year-old high school student named Jaylon Desean Elmore has been charged with attempted capital murder following the shooting incident at Olathe East high school on Friday, March 4. Elmore was also shot, and as of Monday is still in critical condition.
His case will be decided in Johnson County District Court, where prosecutors representing the state of Kansas will try to prove that Elmore committed a premeditated shooting. Here’s a closer look at what the charge means, and what could happen next.
What is attempted capital murder?
Capital murder, unlike murder in the first degree, requires an “intentional and premeditated” plan to kill another person, making it one of the more serious charges. There are specific circumstances that define this crime.
Someone can be charged with capital murder if they:
Kill an on-duty law enforcement officer
Kill more than one person in a single incident
Kill a child under age 14 in connection with a kidnapping, or anyone being held for ransom
Kill someone while incarcerated, or to fulfill a contract like a “murder-for-hire” arrangement
Kill someone in connection to a serious sexual crime like rape
Attempted capital murder is the unsuccessful attempt to carry out any of these killings.
Why is the state pursuing this charge?
Prosecutors are currently accusing Elmore of shooting an on-duty law enforcement officer stationed at the high school. The officer in question is school resource officer Erik Clark, one of the three people injured during Friday’s incident.
Leavenworth County Attorney Todd Thompson noted that the state has another potential avenue to charge Elmore: in the attempt to kill more than one person in a single incident. The student also allegedly shot assistant principal Kaleb Stoppel, who was released from the hospital along with Clark on Friday afternoon.
“What they could charge is two alternatives of attempted capital murder,” Thompson told The Star on Monday. “They can find both, but he could be convicted of one or the other.”
That means Elmore is only facing one count of attempted capital murder, but could potentially be found guilty in two different ways. Currently, the state is only pursuing one of those ways.
What’s the possible sentence for an attempted capital murder charge?
Attempted capital murder is an extremely serious “off-grid” felony, meaning it goes beyond the usual metrics of severity used for felonies. Usually, Thompson said, it comes with a sentence of life in prison with the first possibility of parole after 25 years. Depending on the circumstances of the case, that number could be extended to 40 or 50 years, if not longer.
While it has the word “capital” in it, this crime does not carry the threat of capital punishment, also known as the death penalty. That’s because neither of the shooter’s alleged victims actually died, making the alleged crime “attempted” rather than “completed.”
When will we know the outcome of this case?
The burden of proof now falls on Kansas’ state prosecutors to prove that Elmore not only committed this crime, but had the premeditation and intention necessary to classify it as attempted capital murder. Thompson said it’s anyone’s guess how long a case like this could take to make its way through the justice system. The length could range from months to years.
“There have been a lot of cases where prosecutors have to be slow and patient even when the community wants something done quickly,” he said. “When it comes down to it, we have to put aside any amount of [public] attention and just do what is best… and just hope the community understands that situation.”
He added that COVID-19 has slowed down the court system considerably, meaning that Johnson County has a backlog of cases from recent years that may need resolution before this one can be addressed. We’ll report on any developments in the case as we learn more.
Do you have more questions about criminal justice in the Kansas City area? Ask the Service Journalism team at kcq@kcstar.com.
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