An Estill man convicted of shooting a police officer on New Year’s Day 2016 has received the maximum 35-year sentence.
A jury on Tuesday found 29-year-old Malcolm Orr guilty of attempted murder and possession of a weapon during the commission of a violent crime. He was sentenced to the maximum amount of time: 30 years for the attempted murder offense and 5 years for the weapons violation. The sentences are to be served consecutively.
Investigators said Officer Quincy Smith was shot four times by Orr while responding to a call about someone snatching groceries from customers at the Charles Party Shop. The incident was recorded on a special camera attached to eyeglasses Smith had bought for himself.
“If but not for the grace of God and some very good doctors, this would not only have been a murder case, but a death penalty case,” lead prosecutor 14th Circuit Solicitor Duffie Stone said.
The solicitor’s office released the video after Orr’s conviction on Wednesday. (Warning: Video is graphic)
After talking to the clerk, the officer spotted a man matching a clerk’s description walking away from the store. Smith drove his patrol car toward the man, who investigators later identified as Orr. After stopping his car, Smith stepped out and ordered Orr to stop. Orr ignored him and continued walking away while holding a cellphone to his ear. After noticing that Orr was keeping his right hand in his jacket pocket, Smith continued ordering him to stop and told Orr to remove his hand.
Eventually, Smith pointed his Taser at Orr and threatened to use it. At that moment, Orr suddenly pulled out his hand and fired a 9 mm handgun he had been hiding. The recording shows eight shots fired, including four as the officer stood only a few feet away. Smith, who had his Taser in hand, quickly stumbled away from Orr and back to his car as the suspect fled the scene.
“Dispatch… I’m hit in my neck someplace,” Smith was able to radio back. “My arms are broken. Help me, place.”
Roughly three minutes after the shooting, the video shows a bystander come up to Smith as he sits next to his car. “I’ve called 911,” the bystander says. “Is there anything else I can do for you? I don’t know much about… CPR or anything.”
Smith does not answer, but tries to radio his dispatcher again.
“I’ve seen you after that boy. Seen you after him,” the bystander continues. “I am not going to leave you.”
“Okay. Thank you, sir,” the officer responds before turning back to his radio. “Dispatch, please tell my family I love them.”
The video shows the bystander stay with Smith as the officer eases back onto the ground and slips into shock, even talking with the dispatcher at one point that the suspect fled towards a tire store. Other people soon gather at the scene, including a woman who knows Smith and screams, “Quincy, baby! Are you okay?”
The woman eventually starts praying for Smith to live and not die as sirens approach the scene. Paramedics finally arrive at the scene, nine minutes after Smith was shot and eight minutes after he radioed for help.
Orr had a minor criminal history prior to the 2016 shooting. At the time of the incident, he had pending charges for larceny and possessing contraband in jail, according to Hampton County court records.
Estill is a small town of about 2,000 people close to the Savannah River in Hampton County. It is located about 50 miles north of Savannah and 90 miles west of Charleston.