An investigation from Bronx District Attorney Darcel Clark's conviction review unit has determined that a man serving time for a 1996 killing did not receive a fair trial and should be set free.
"We've been waiting forever for this," said Damon McKee, whose brother was the man freed. "We thought we'd never see this day, but we never gave up faith."
Investigators say that key evidence was withheld from Larry McKee's defense team. He was convicted and sentenced to 24 years to life in prison for the shooting death of 29-year-old Theodore Vance.
Six months ago he asked for the case to be reviewed.
Assistant DA Risa Gerson re-interviewed witnesses and examined thousands of pages of the trial file.
The assistant DA discovered testimony of a witness who had heard the victim's last words indicating his killer was "a Spanish guy." McKee is not Hispanic.
McKee's indictment was completely dismissed, and there will be no new trial.