JACKSONVILLE, Fla. – Just after investing 8 yrs powering bars, a man who was wrongly convicted of armed robbery walked out of jail on Wednesday as a no cost male.
Dustin Duty was introduced from the Duval County jail late Wednesday afternoon, ahead of his 37th birthday upcoming week.
“I’m psyched. I’m a very little bit nervous, but I’m excited. I’m just a tiny overcome with joy. I’d like to thank my legal workforce. With no them, I could not have accomplished it,” Responsibility advised News4Jax.
Information4Jax also spoke with Craig Trocino, director of the University of Miami Law Innocence Clinic, in advance of Duty was introduced.
“He is thrilled. Definitely, he’s thrilled, and upcoming 7 days is his birthday, so he’ll be capable to rejoice his birthday as a totally free person,” Trocino stated.
In 2016, Duty reached out to the Florida Innocence Job and the College of Miami Legislation Innocence Clinic, hoping they would imagine he did not commit the criminal offense.
“We commenced investigating the case and uncovered that there was a solid alibi and main challenges with identification of Dustin as the perpetrator,” stated Seth Miller, with the Innocence Job of Florida.
Detectives accused Duty of robbing a girl at knifepoint.
An interrogation video from 2013 displays Dustin Responsibility emphatically saying he did not rob a woman at knifepoint.
“I didn’t do it. I just don’t fully grasp. What do I received to do to demonstrate my innocence here? I mean, is there any way to verify my innocence?” he says.
In the online video, Responsibility tells a detective there’s no way he could have fully commited the criminal offense.
Duty: “I was at get the job done all working day I swear to God.”
Detective: “I know you had been at operate all day, and your manager dropped you off at I-10. The concern is what occurred from the time he dropped you off from the time that police received in make contact with with you?”
The detective begins to look at his nails, showing up uninterested as Obligation carries on to make clear.
Detective: “Well, sad to say for you, they brought people today by to glance at you, and they discovered you as the person involved, and you also experienced a knife in your possession.”
Responsibility: “Where’s my boss at? I want my business enterprise card to get my manager. I want him down in this article. I didn’t f***** rob any one.”
Responsibility proceeds to request for his boss, who he suggests can show his alibi. The detective tells him he will get in touch with his manager, but he was under no circumstances utilised in court.
In 2016, a motion was submitted for a new demo.
It was not right until an evidentiary hearing in 2018 when Duty’s manager took the stand, confirming his alibi.
The sufferer also took the stand again.
“She in fact testified at the evidentiary listening to, indicating that she’s not 100 p.c confident that he was the guy and she’s not assured that she bought the identification correct,” Trocino stated.
Obligation was adamant that he was innocent the entire time.
A disposition statement attained by News4Jax points out that Duty was supplied a 20-year jail sentence. It states that the Initial District Court of Charm reversed the conviction on three independent grounds: Failing to simply call an alibi witness, failure to correctly impeach the direct detective, and by failing to go to suppress the defendant’s identification from a suggestive demonstrate-up.
The statement notes that at trial, the target recognized the perpetrator as a man wearing a grayish, gentle environmentally friendly sweatshirt, a browse ball cap and cargo shorts. The target mentioned the perpetrator did not have a backpack.
The disposition assertion even more pointed out that when Obligation was detained, he was shirtless and sporting a backpack and building software belt. It states that when legislation enforcement experienced him surface as he was when detained, the police experienced him take away his backpack and tool belt, and place on a white t-shirt.
When Obligation was offered to the target, the statement notes, the victim instructed law enforcement he seemed “pretty close” to the human being that robbed her. An officer informed her to be positive, and she responded that she “can’t be certain, but, sure, it seems like the person.”
In the end, the disposition notes an improbability of conviction if the situation were to proceed to trial.
Just after he was unveiled from jail, News4Jax questioned him what retained him heading.
“Just my faith in God and being aware of that I have a spouse and children out there and realizing that a person working day that justice would prevail,” he stated.
Obligation said he’s seeking ahead to reuniting with his loved ones just one working day in Ohio.
In the meantime, he claimed that he’s heading to consume a bacon cheeseburger.
The groups that aided Obligation claimed they are now likely to support with transitional housing.
Copyright 2021 by WJXT Information4Jax – All legal rights reserved.