Brooklyn man exonerated 16 years after wrongful conviction

BROOKLYN, N.Y. (PIX11) -- A man is free from prison after prosecutors at the Brooklyn District Attorney’s office overturned his conviction.

Arvel Marshall was given 25-years-to-life in prison in connection with a fatal shooting in 2008. Years later, the district attorney’s Conviction Review Unit reconsidered video from the night of the shooting that was never played in court during Marshall’s original trial. 

The video appeared to point to a different suspect behind the death of Moustapha Oumaria. The 22-year-old was killed on the night of July 15, 2008 when he was shot in the head while sitting outside his home with three friends. 

Prosecutors say Oumaria’s three friends identified Marshall as the shooter because of a dispute the two men had over a woman. However Marshall’s appearance as a 36-year-old at the time, conflicted with accounts that described the gunman as a teenager, according to court documents.

Despite Marshall’s many requests, the surveillance video was never played during the original trial because of technical difficulties. According to the district attorney’s office, police presented still photos of the video which prosecutors  determined was enough to work off at the time. 

The Conviction Review Unit found that the video was favorable to Marshall and should have been turned over. They determined that his original lawyer was ineffective in advocating on Marshall’s behalf, and the judge unfair in determining the video was not relevant despite having never watched it.

The reinvestigation came because of a tipster, who claimed Oumaria’s shooting was arranged by a drug dealer for intruding on his territory. The dealer admitted to his dispute with Oumaria but denied being involved with the shooting during questioning from the CRU.

The district attorney has recommended that Marshall’s case be vacated and the indictment dismissed. It’s the latest win for the CRU, a team that specializes in reviewing old cases in which there might be credible claims that people may have been wrongfully convicted.