DETROIT, Mich (WJBK) Did a Detroit Police Sergeant knowingly help send an innocent man to prison? That's exactly what Elroy Jones' attorney is alleging. For the first time a witness is coming forward with information that seems to support his theory.
"You would remember somebody if they put a gun in your face," says witness wishing to remain anonymous.
And the man he remembers is not the one who's doing time. In 2006, this man who we are not identifying was outside this Detroit apartment building the moment Cleo McDougal was murdered.
"We heard a round of gunfire ... pop, pop, pop," says witness wishing to remain anonymous.
He says he tried to run but soon he was staring down the barrel of an AK-47.
"He told me you want some of this..I froze up... I replied back no, I'm with you. let's go get him," says witness wishing to remain anonymous.
The killer let him go. The witness says he told police everything he knew..and came in to pick him out of a line up. And that is where he says things took a bizarre turn.
"The detective he asked me do you see anybody that you saw that day pull a gun on you? So I'm looking at the guys real good and I told him no. And he says look even better."
He says the man the sergeant wanted him to identify was Elroy Jones.
He proceeded to tell me yes, it is. That's the guy right there.. that's him right there. And I said no, it's not. So we got into a debate...a small argument.. me telling him it's not him and him telling me it is him."
Stories like that are exactly why Elroy's attorney says he was set up. The witness never picked Elroy out of that lineup and testified in his defense. But that wasn't enough. Elroy was convicted of murder and sentenced to life in prison. But now six years later..new evidence is raising serious questions. A witness who identified Elroy says he chose the wrong man. And in his statement to police he says I feel like I owe the guy I testified against an apology. And a tip came in just days after the murder identifying another man who witnesses now say is the real killer. And that tip went nowhere.
"None of that information..it's just a complete vacuum. One sergeant made a determination that Mr. Jones was a bad person and that because he was a bad person he was going to dispatched some justice of his own." says Attorney Craig Tank
And now this attorney is asking a judge to overturn the conviction and release Elroy Jones from prison.
"I know that this man is in here doing time for something he didn't do... didn't know nothing about. And the actual killer' is just out here living life," says witness wishing to remain anonymous.
Fox 2's Alexis Wiley says the Wayne County Prosecutor's Office is investigating and will look into the information the witness is providing.
Wednesday, May 22 2013 2:28 AM EDT2013-05-22 06:28:15 GMT
More than 2,000 people were in attendance to hear Donald Trump speak at Oakland County's Lincoln Day Dinner. Before the event, he told reporters he believes Detroit is "on the right path."
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A small dog was taken from a woman's car on Sunday. Now a woman claims she wasn't trying to steal the dog. She was trying to save its life because it was locked in a car on a hot day.
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13 people were shot in Detroit in just 24 hours, five from one block, including a woman who was just hours away from a kidney transplant. She did not survive.
13 people were shot in Detroit in just 24 hours, five from one block, including a woman who was just hours away from a kidney transplant. She did not survive.
Tuesday, May 21 2013 8:17 PM EDT2013-05-22 00:17:22 GMT
We are learning more about the past of the man currently in police custody in connection with the murder of 35-year-old Sabrina Gianino.
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Tuesday, May 21 2013 3:43 PM EDT2013-05-21 19:43:35 GMT
Brian Woehlke and his family
All funds collected will be donated to the Westland Fire Fighters Charity's fund for the family of fallen firefighter Brian Woehlke, who passed away while battling a Westland fire on May 8.
All funds collected will be donated to the Westland Fire Fighters Charity's fund for the family of fallen firefighter Brian Woehlke, who passed away while battling a Westland fire on May 8.
Wednesday, May 22 2013 2:28 AM EDT2013-05-22 06:28:15 GMT
More than 2,000 people were in attendance to hear Donald Trump speak at Oakland County's Lincoln Day Dinner. Before the event, he told reporters he believes Detroit is "on the right path."
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Wednesday, May 22 2013 2:17 AM EDT2013-05-22 06:17:02 GMT
Find out how you can help the victims of Monday's deadly tornado that ripped through the Oklahoma City suburbs, killing two dozen and flattening neighborhoods, schools and businesses.
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Wednesday, May 22 2013 12:02 AM EDT2013-05-22 04:02:09 GMT
Detroit police believe a man in a surveillance photo is responsible for a kidnapping, carjacking, sexual assault and armed robbery on the city's east side.
Detroit police believe a man in a surveillance photo is responsible for a kidnapping, carjacking, sexual assault and armed robbery on the city's east side.
Tuesday, May 21 2013 10:59 PM EDT2013-05-22 02:59:19 GMT
Some Detroiters say their neighbor is hoarding dogs. She has been accused of doing it before. In 2011, 25 dogs were removed from her home, but we're told a case was never brought.
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Tuesday, May 21 2013 10:14 PM EDT2013-05-22 02:14:08 GMT
Innuendo, sexual advances and an overnight stay in Lansing -- a politician's former aide claims he had to endure a nightmare on the job. Now a sexual harassment lawsuit has been filed against Rep. Brian Banks.
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Tuesday, May 21 2013 8:22 PM EDT2013-05-22 00:22:30 GMT
An expansive plan to merge two southeastern Michigan health systems into a single, $6.4 billion nonprofit organization with 10 hospitals has fizzled out.
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Tuesday, May 21 2013 7:46 PM EDT2013-05-21 23:46:25 GMT
Judge Wade McCree took the witness stand on Tuesday. The embattled judge had a lot to say about his affair with a woman who stood in his courtroom. His wife had something to say about it, too.
Judge Wade McCree took the witness stand on Tuesday. The embattled judge had a lot to say about his affair with a woman who stood in his courtroom. His wife had something to say about it, too.