In 2008, a Black man was arrested in the fatal shooting of a Brooklyn man. However, after spending 16 years in prison for the murder, a new investigation examined a crucial piece of evidence that cleared his name: a surveillance video.
Arvel Marshall, now 52, has finally tasted his freedom again after being falsely convicted as a shooter. Back in 2008, Brooklyn District Attorney Eric Gonzalez says Marshall was accused of shooting his neighbor in the head outside his Crown Heights home. An investigation by the DA’s Conviction Review Unit found that a surveillance video was left out from his trial - an exhibit Marshall repeatedly requested be shown to the court. However, it was never turned over to the defense, Gonzalez said in the press conference last week.
The video showed two young men in the neighborhood around the time of the shooting, the report says. One of them was seen removing an object from his waistband. An eyewitness gave an accurate description of the clothing the young man wore. The report says another tipster told authorities the shooter was a teen. However, the identity of the shooter was mistaken for Marshall - who was 36 at the time.
I know Black don’t crack but… really?
Anywho, Gonzalez said the real story was that the shooting was a hit-for-hire by a drug dealer who lived next door to the victim and believed he was “encroaching” on his drug territory. Gonzalez opted to reopen the case, saying back then the court didn’t have the technology to play and prosecutors convinced the court the clip had no evidentiary value. Neither side argued to pursue the video further, the DA said. However, after the CRU’s probe, it was clear Marshall was done wrong.
“The system has failed our society again, and this case is one of systemic failures,” Gonzalez said via CBS.
Friday, a Supreme Court judge ruled to vacate Marshall’s conviction, granting his freedom after over a decade, per the report.
Read Marshall’s reaction to the good news from ABC 7 News:
He says he never lost faith that it would come.
“They knew I was innocent. They knew I could prove my innocence,” Marshall said. “So, they tried to keep it under the table. They were hoping I’d just shut up and just accept everything that they did to me. And I said, ‘nah, I’m going to fight.’”
Marshall insists he’s not bitter. He was not up for parole until 2033.
“Let bygones be bygones,” Marshall said. “Whoever did it, you know, I just hope they get justice for the victim and his family.”
The true suspect, a 16-year-old male at the time, may still be out there, said Marshall’s attorney via CBS.