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Local - Crime & Courts

Tuesday, Aug. 03, 2010

Family of fallen Modesto CHP officer at peace with guilty plea

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After 4½ years of proclaiming his innocence, Columbus Allen Jr. II admitted in court Monday he murdered California Highway Patrol officer Earl Scott during a traffic stop near Salida in 2006.

Allen, 34, will spend the rest of his life in prison.

In a hushed Stanislaus County courtroom packed with law enforcement officers and Scott's family sitting in the front row, Allen told a judge he shot Scott, 36, after being pulled over because he feared arrest and possible prison time for being a felon with a gun in his car.

Story continues below video. There is another video with more reaction below.

"I shot officer Scott with the intent to kill," Allen said, reading his statement from a sheet of paper.

Scott's family and friends said they felt some sense of relief after Allen's admission, something they may never have gotten if the case had gone before a jury. They knew there was no certainty Allen would be convicted or sentenced to death at trial, which had been moved to Sacramento because of intense publicity in Modesto.

"We never would (have seen) Columbus Allen being executed," said Earl Scott's father, Bill Scott, a retired CHP sergeant. "This way, we know he'll never get out."

Scott's mother, Judy Whitney, was not in court. In a letter, she said she wanted to keep the image of Allen's face out of her mind to protect her last precious memories of her son.

News of the potential plea deal was kept under tight wraps for days. Before the scheduled start of what was billed to the media as a routine pretrial hearing, officers from the CHP and the county sheriff and Modesto police departments began milling outside Stanislaus County Superior Court's Department 3.

The officers, who were bound to secrecy about the pending deal, filled in the seats on the left side of the courtroom gallery. They sat in nearly complete silence as Allen matter-of-factly answered Superior Court Judge Scott Steffen's questions.

No emotion from Allen

Allen stuck to his script, reading without emotion and declining to make other comments. He didn't look behind him as Scott's friends spoke. He was wearing the traditional red-and-white jail jumpsuit reserved for murder defendants. His feet and left hand were shackled.

Steffen asked if anyone wanted to speak on Allen's behalf. No one stood up.

After the sentencing, Allen's lead attorney, John Grele of San Francisco, approached Bill Scott and shook his hand.

"Take care of yourself and your family," Grele said.

To a reporter, he said simply, "We're just glad a resolution was possible in this case."

As part of the plea agreement, Allen was spared the possibility of facing the death penalty for Scott's murder. He cannot appeal his conviction or his sentence of life in prison without the possibility of parole.

The plea saved the county the estimated $1.5 million cost of the four- to six-month trial and years of appeals if a jury had recommended death for Allen.

Allen was scheduled to face trial a week ago in Sacramento but an appellate court issued a last-minute stay to the proceedings.

Modesto police officer Robert Hart, Scott's close friend and neighbor, told Steffen he would never feel complete closure over Scott's death. As Hart fought through tears, Bill Scott stood behind Hart and laid his hand on his shoulder.

"This was a senseless death and causes me to have so many questions, mainly why?" Hart said. "These questions will remain unanswered."

CHP officer Brandon Moore told the court that Scott, in his last moments, held on to evidence that prosecutors would later point to as the case's "smoking gun." Scott was found clutching the registration card to a maroon 1990 Nissan Maxima registered to Allen's wife, Bertera.