Arvel Marshall was incarcerated for years for a murder he did not commit. He was sentenced to 25 years to life in prison in 2009 after being convicted of Moustapha Oumaria’s murder on July 15, 2008, according to the Brooklyn District Attorney’s Office, reported People.
The 52-year-old man was finally released on Friday after surveillance video revealing the true murderer was submitted in court. Even after 16 years of waiting, he never gave up hope that the truth would come to light.
He told WABC, “They knew I was innocent. They knew I could prove my innocence. 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 was found guilty of killing his neighbor in the head outside the man’s Crown Heights house. However, blurry street surveillance footage seemed to provide evidence that the murderer was actually one of two teens who fired just out of frame.
The district attorney’s follow-up investigation on the initial trial found that “the prosecutor was unable to play the video in court, making several attempts to do so. It appears that no one actually watched the entire video.”
Despite this, Marshall professed his innocence throughout the trial, believing that the footage would back up his allegations.
Current Brooklyn District Attorney Eric Gonzalez reopened the case, citing the video as a primary source. He explained, “They didn’t have the technology or the ability to play it. And what was provided were still photos that did not show the entire incident. And that’s just unacceptable.”
The District Attorney also stated that, before the trial, the defense received a tip from an unidentified source who said, “A drug dealer who lived next door to the victim ordered a hit against a man he believed to be encroaching on his drug territory.”
It went on to indicate that “the deceased was killed by a 16-year-old in a case of mistaken identity.” And yet none of that came up during the trial.
Meanwhile, Marshall maintains he is not resentful, although he was not eligible for parole until 2033.
He declared, “Let bygones be bygones. Whoever did it, you know, I just hope they get justice for the victim and his family.”