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Demetrius Abercrombie
ATLANTA — Questions and concerns are being raised after a man with an extensive criminal history never served time in prison - only to be arrested later for an alleged sexual assault on a woman.
On Tuesday, Atlanta Police announced the arrest of 42-year-old Demetrius Abercrombie in connection to a recent rape and burglary case.
Lt. Jeff Baxter said APD investigators believe Abercrombie sexually assaulted a woman at her home on Old Hapeville Road on May 31, then returned to her home days later to burglarize it.
"In my opinion, the worst of the worst," Baxter said. "Someone that would commit a sexual assault and then have the audacity to come back four days later."
Abercrombie is now in the Fulton County jail facing a list of charges, including rape and robbery. But Fulton County court records show this is not the first time he's been accused of similar crimes. In 2006, Abercrombie was indicted by a grand jury in a
separate case for charges of rape, robbery, and false imprisonment.
11Alive contacted the Fulton County District Attorney's Office Wednesday about that case, as records show Abercrombie accepted a plea deal and was only found guilty of false imprisonment.
A spokesman for District Attorney Paul Howard released the following statement on the previous case:
"In 2008, Demetrius Abercrombie pleaded guilty to the offense of False Imprisonment as a result of a 2005 incident involving the mother of his infant child. Abercrombie was sentenced to 5 years in prison commuted to time served with the remaining 4 years
and 11 months on probation.
The State ultimately decided to dead docket the Rape and Burglary charges originally listed in the indictment because the victim in this case immediately recanted to police after the alleged incident occurred and refused to cooperate throughout the
course of the investigation.
The police officer who secured the Fulton County Magistrate’s warrant for Abercrombie’s arrest informed the judge the victim had recanted and the officer believed the warrant should be withdrawn. The judge denied the officers request, Abercrombie was
arrested, and the Fulton County DA’s Office indicted the case.
Through the course of the investigation, the State encountered an extreme lack of cooperation from the victim. The Fulton County DA’s Office believed this was a case of domestic violence so it proceeded forward with its prosecution; however, we were
unable to obtain her cooperation. Ultimately, we dismissed the Rape and Burglary charges and Abercrombie pleaded guilty to the negotiated plea on the False Imprisonment charge."
Including the rape case, Lt. Baxter said Abercrombie has been arrested at least 23 times in Georgia. Court records show he faced criminal charges previously in at least nine cases, between Fulton and Clayton counties.
"But in all of his arrests, he has never served actual prison time," Baxter said. "We have the same questions you have as to why he never served time in Georgia prison for any of his past arrests."
Clayton County court records show a 1998 misdemeanor for obstructing an officer led to 12 months of probation. A court transcript also shows a Clayton County judge describe the sentencing he gave to Abercrombie for a 2012 burglary.
Superior Court Judge Albert Collier said to Abercrombie in court, "I'm going to let you know right now, you're charged with burglary and most times, 95 percent of my cases on burglary cases go to the state penitentiary. I'm not sending you there."
"Thank you, your honor," Abercrombie replied.
"Because you got a job," the judge added.
Abercrombie has also faced several misdemeanor charges that were mostly related to traffic violations. In several cases he has also been arrested for probation violations or failure to pay court fees and fines.
"He has done a 12-month stint, a 30-day stint in the county jail system, but never in the state prison," Baxter said.
On Wednesday Abercrombie waived his first court appearance for his most recent arrest.
https://www.11alive.com/article/news/fulton-county-man-arrested-in-a-horrific-rape-and-robbery-case-faced-similar-charges-more-than-a-decade-ago-but-avoided-prison/85-290306f7-0136-46a1-a98c-cc908390ec30
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