A California man who spent 21 years in prison for a gang murder he denied committing has been declared factually innocent by a judge.
Torres was convicted on June 12, 2001 of second-degree murder with an allegation that he personally used a gun during the crime. He was sentenced to 40 years to life in state prison.
In 2006, however, a private investigator hired by Torres' brother interviewed the driver of the getaway car, who said Torres wasn't at the shooting scene and that another man committed the killing, according to a court filing.
That person, identified only as Individual 2 in the court filing, is serving prison time for a series of armed robberies committed after the shooting, prosecutors said. In April, the district attorney's office and the Innocence Project asked a judge for a finding of “factual innocence" in the case, arguing jointly that “there is not a single reliable or credible piece of evidence that Torres committed the crime" and that, in fact, “a preponderance of the evidence" shows that he is innocent. The motion was granted.Copyright AP - Associated Press
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