(WSVN) - She was shot in the back. She says the suspect is a 15-year-old who admitted he did it, but nothing happened to him, and it’s why the gunshot victim called Help Me Howard with Patrick Fraser.

Elaine always thought her life was no different than anyone else’s.

Elaine: “I’m a mom, I work, just a normal person trying to live my everyday life.”

But her everyday life changed when she took the dog out for a walk.

Elaine: “I was hearing some metal hitting metals, like a ‘cling, cling.'”

Elaine didn’t know what it was but headed home.

Elaine: “And when I got to, like, in front of my house to go up my stairs, I get hit.”

Hit in the back, as blood started soaking her blouse.

Elaine: “I wasn’t too sure what happened, but I knew that I was in pain, and I was wet. I had my back full of blood. I had the little one freaking out, screaming, ‘Mama, Mama, don’t die!'”

As Elaine comforted her child, she dialed 911, was rushed to the hospital where an X-ray made it clear she had been shot.

Elaine: “I was told there was a bullet by the medicals in Jackson.”

The bullet is still in Elaine, since it’s too risky to remove it, and the 15-year-old Elaine is convinced shot her, still walking around.

Elaine: “I live on more fear.”

The night Elaine was shot, the gunman also fired rounds at garbage cans, cars and doors, but police didn’t have enough evidence to arrest anyone.

Elaine: “He’s getting away with it.”

A few days later, a video shows the 15-year-old who allegedly shot Elaine come out of his grandmother’s apartment and come over to Elaine’s, where he was accused of destroying Elaine’s property.

This time, police arrested the teenager, and Elaine says he admitted to shooting her.

Elaine: “The officer told me, the police officer, she told me how he confessed.”

But he wasn’t charged with shooting Elaine, and in fact, the charges were dropped for smashing the pots on Elaine’s porch.

Elaine: “They dropped the charges because the videos that we have, the evidence that we have are not clear enough. They can’t tell that it’s him, but we know it’s him.”

Marvin says he was then threatened by the 15-year-old, so the couple went to court and both got a restraining order against the teenager.

A minor victory in a judicial system where they feel like they lost and the teenager won.

Elaine: “It let me down, and I could have died. He could have killed.”

Howard, you were a criminal attorney for 44 years, did the system fail?

Howard Finkelstein, 7News legal expert: “No, the system is based on proof, not truth. Did the teenager shoot Elaine? Probably. Can you prove it? No. Is his alleged confession to the police admissible? Apparently not. And the state did not fail by dropping the charges. That’s a strategic move, because if a judge dismissed the charges, the state cannot refile if a witness or new evidence appears. This way, they can reopen the cases.”

The state attorney’s office couldn’t talk to us about the case because the suspect is a juvenile, meaning we can’t even name him.

I spoke to the teenager’s mother who told me her son did fire his pellet gun that night, but it was an accident that Elaine was hit. She said he is now living in Michigan with his father where she hopes it’s good for him.

But back in South Florida, the news gets worse for Elaine. She didn’t have insurance, and she doesn’t have the $12,000 to pay for the medical bills from her gunshot.

Elaine: “The bill collectors are already calling.

She got the bullet, she got the bills, and the shooter.

Elaine: “The kid has no consequences. There’s no consequences for him.”

Now, law enforcement can still file charges for the shooting if a witness comes forward or new evidence pops up. Elaine is hoping for that.

Where she has no hope is paying off that $12,000 bill from the wound.

She has started a GoFundMe page to raise a little money to pay the medical bills from the shooting. If you would like to help, the link is at the end of this Help me Howard story.

With this Help me Howard, I’m Patrick Fraser, 7News.

Elaine’s GoFundMe
gofund.Me/342b500b

CONTACT HELP ME HOWARD:
Email: helpmehoward@wsvn.com
Reporter: Patrick Fraser at pfraser@wsvn.com
Miami-Dade: 305-953-WSVN
Broward: 954-761-WSVN

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