All Charges Dropped – 3/10/2017
In the summer of 2014, during the span of approximately 30 minutes, 4 cars were burglarized outside of a local business. According to Law Enforcement, security cameras caught the “smash and grabs” on video and a description of the suspect and his car was distributed to other officers. About 18 hours later, in the same vicinity of the smash-and-grabs, a patrol officer sees our client, a black male, driving a grey or silver sedan. The officer decides to stop the vehicle because the driver and his car matched the description of the burglary suspect. Our client was arrested, but not charged with the crimes, and bonded out of jail.
Later, Police requested and obtained a warrant to search our client’s car, telling judges that our client’s car matched the car that was in the video. Over a year later, the Police got an arrest warrant for our client, again, telling judges that his car matched the car that was seen in the video.
After demanding discovery, and scouring through cell phone records, GPS wiretap tracking, confidential informant interviews, and dozens of police reports, Attorney Benjamin Jones realized 2 things:
First, the video was missing and, second, that Law Enforcement wrote an email describing what was seen on the video. That email described seeing a black male exit a newer model, gold or brown [not silver or grey], 4 door sedan, smash the windows, then drive off.
Realizing that Law Enforcement had seemingly lied about the video in their applications for warrants, and that the basis for stopping and arresting our client was completely bogus, Mr. Jones filed a Motion to Dismiss alleging Brady violations for destroying exculpatory evidence and lying on Warrant Affidavits.
After nearly 3 years of litigation, today, prosecutors dropped all charges.