According to a report by Yahoo on Wednesday, August 14, 2024, Arvel Marshall, a 52-year-old Brooklyn man, walked free after spending 16 years behind bars for a crime he did not commit.
Convicted of the 2008 shooting death of 22-year-old Moustapha Oumaria, Marshall had always maintained his innocence, asserting that he was not the shooter.
Now, after nearly two decades, newly surfaced surveillance footage has not only cast doubt on his involvement but completely cleared his name.
The crucial piece of evidence—surveillance video from a nearby building—was never introduced during Marshall’s original trial.
The footage clearly shows two other suspects walking toward the scene of the crime just moments before the fatal shooting.
Despite this exculpatory evidence, Marshall remained imprisoned for 16 years before the Brooklyn District Attorney’s office finally overturned his conviction on August 9th.
Marshall was convicted in connection with the shooting that took place on a Crown Heights street, where Oumaria was shot dead outside his home.
During the trial, the prosecution claimed there was no video footage of the incident and relied on witness testimony and still images.
However, the defense later uncovered that the still images presented in court were actually taken from a video that had been labeled “unreadable” and, as a result, was never viewed by the defense or the jury.
This omission, coupled with what the district attorney now acknowledges as flawed evidence, resulted in the wrongful conviction of Marshall.
On that fateful day in 2008, Oumaria had been sitting outside with friends when two men approached.
According to CNN, one of the men reached toward his hip moments before shots were fired.
The recently revealed footage supports this account, showing two individuals—neither of whom was Marshall—approaching the scene.
Shortly after the shooting, the same two men can be seen fleeing.
Despite these obvious inconsistencies, the case against Marshall proceeded. Now, 16 years later, Brooklyn District Attorney Eric Gonzalez has expressed deep regret over the wrongful conviction.
“That evidence was said to be unplayable,” Gonzalez told CBS News. “They didn’t have the technology or ability to play it.”
He further explained that the error could have been avoided had the technology been available during Marshall’s trial.
After a thorough re-investigation by the district attorney’s Conviction Review Unit (CRU), the video was played for the first time and clearly depicted two suspects, neither of whom was Marshall.
After years of fighting for his freedom, Marshall was finally exonerated. Upon his release, the emotion was palpable.
“Feeling good. Happy to be free,” Marshall said, still in disbelief at the outcome. “Happy to see that it’s real. It’s not a dream anymore.”
With newfound freedom, Marshall expressed gratitude for his release but also a lingering sense of uncertainty.
“This is heaven right here on earth right now,” he shared, still adjusting to the reality of being outside prison walls.
“You don’t want to close your eyes, because you don’t want it to be a dream. So it’s like, right now, I’m nervous. I am sleepy, but I don’t want to close my eyes. I don’t want to wake up, and I’m back in a cell,” he confessed.
With nothing but hope for the future, Marshall left prison, clutching a new ID and eager to rebuild his life.
His first stop was Brooklyn, where he reunited with his family and enjoyed a long-overdue celebratory meal. After years of hardship, it was a simple yet profound moment of peace.
Despite Marshall’s release, questions still linger about the case. While the exoneration provides some resolution for Marshall, the true identity of Oumaria’s killer remains unknown.
The two men captured on the surveillance video have never been apprehended, leaving Oumaria’s family still without justice for their son’s death.
Marshall’s attorney believes that the case should never have gone to trial in the first place, citing the alibi that had long been ignored and the new evidence that ultimately secured his client’s release.
