A Brooklyn man who spent 19 years behind bars for the 1990 homicide of a teen is ready to have have his conviction vacated Thursday, after an investigation proved his declare that his pal was chargeable for the capturing.
Emel McDowell was 17 years outdated when the sufferer, Jonathan Powell, was shot useless after a combat at a Bedford-Stuyvesant home occasion on Oct. 27, 1990.
The NYPD investigation into the killing lasted lower than 24 hours and ended with detectives arresting McDowell, regardless of conflicting witness statements and McDowell’s insistence that his pal, who he was with on the occasion, truly did the capturing.
It will later be discovered that the fast investigation was insufficient and police didn’t discover the chance that the pal was the shooter.
Regardless of witnesses coming ahead and backing up McDowell’s story to each police and prosecutors, he stood trial.
A jury wrongfully convicted him of homicide and weapons possession in 1992, and he was sentenced to 22 years to life in jail.
When extra witnesses got here ahead after the trial to exonerate him, he instantly sought to have the conviction overturned.
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His efforts failed till 2007, when he submitted a letter the actual shooter despatched him again in 1991 — all however admitting the crime — together with a number of sworn affidavits.
“I don’t assume I should stroll the face of the Earth as a result of one among my mates is locked up for one thing that he didn’t do,” his pal wrote within the letter, in line with prosecutors.
Later, it could be decided the letter was given to McDowell’s protection lawyer earlier than trial, however was not investigated nor introduced to the prosecution.
The movement additionally included written affirmations from six witnesses who all swore McDowell was not the shooter. Three of the witnesses admitted the person’s pal killed Powell.
He was granted a court docket listening to in December 2009, however simply earlier than the continuing would have began, prosecutors made him a proposal. If McDowell pleaded responsible to manslaughter in trade for a sentence of six to 18 years, he may get out of jail.
Determined for freedom, he took the deal. McDowell advised the court docket that he had a gun the night time of the homicide and labored alongside the pal who truly shot Powell.
McDowell’s lawyer requested the Brooklyn district lawyer’s Conviction Assessment Unit to analyze the case once more, claiming the person admitted guilt solely to keep away from extra jail time.
Through the investigation, the unit interviewed witnesses and decided the letter from the alleged shooter was actual.
Additionally they interviewed the previous pal, who claimed Powell threatened to kill him and the group he was with earlier within the night time.
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Together with his lawyer by his aspect, the pal admitted he shot Powell in self-defense when the teenager ran at him. He additionally advised them McDowell was not armed and didn’t shoot anybody that night time.
The unit wrote that the pal’s “demeanor and emotional state all through the interview demonstrated that he was overwhelmed with guilt and relieved to admit.” His identify was not instantly launched.
He went on to inform the Conviction Assessment Unit he had by no means been contacted by McDowell’s protection lawyer.
In a press release, Brooklyn District Legal professional Eric Gonzalez stated the system “failed Emel McDowell.”
“A full reinvestigation by our Conviction Assessment Unit confirmed that one other particular person fatally shot the sufferer, as Mr. McDowell has constantly maintained, and [on Thurday] we are going to ask to present him his good identify again,” Gonzalez stated. As prosecutors, it’s our obligation to do justice in each case, and I’m dedicated to persevering with this essential work to reinforce equity and group belief.”
Since 2014, investigations by the Conviction Assessment Unit have resulted in 35 vacated convictions. The unit is presently engaged on 50 instances, prosecutors stated.
The investigation into the pal is anticipated to proceed.
