Prosecutors decide not to seek a retrial in a notorious murder case that arguably changed the course of New York. NY Criminal justice reporter Dean Meminger has the story:
Johnny Hincapie broke down in tears while speaking in court, overcome with emotion as murder and robbery charges for the infamous 1990 killing of Utah tourist Brian Watkins were dismissed. However, he is angry he spent more than half of life in prison.
"I was 18 years old, when they took me away from my mother's arms in my home," Hincapie said.
The Watkins and his family were in town for the U.S. Tennis Open when they were robbed on a Manhattan subway platform. Brian Watkins was stabbed to death defending his parents.
Hincapie did not have a criminal record, but was convicted with a group of young men for murder.
He says he wasn't even on the subway platform but was coerced into confessing by the DA's office and NYPD.
"Having a detective beat you up and threaten you to kill you, what would you want to do?" Hincapie said after Wednesday's hearing.
A judge threw out Hincapie's conviction 15 months ago after witnesses came forward saying he wasn't involved.
Prosecutors told the judge Wednesday they still believe he's guilty but decided against seeking a retrial because it would be hard getting a conviction after 27 years.
"He participated in the robbery of Sherwin Watkins and the felony murder of Brian Watkins," said Assistant Manhattan District Attorney Eugene Hurley.
And, they added, since Hincapie served 25 years, there was no need for more prison time.
Hincapie's lawyer calls that a slap in the face. He wanted prosecutors to apologize for a wrongful conviction.
"They didn't say that and they haven't learned anything over the latest three decades and that is the tragedy of it," said attorney Ron Kuby.
"I can finally move forward with my life you know," Hincapie said.
The killing of the Utah tourist occurred during a record year for murder in the city.
It led to the hiring of 5,000 additional officers — an NYPD buildup widely seen as beginning the drastic reduction in crime that continues to this day.