HOUSTON – An inmate who spent more than a decade on death row for the shooting death of a Houston police officer will soon be a free man.
The Harris County District Attorney's Office dismissed capital murder charges against Alfred DeWayne Brown Monday.
"It is the right thing to do," said Harris County DA Devon Anderson.
Brown was convicted in 2005 of killing Houston Police Officer Charles Clark. Officer Clark and Alfredia Jones were murdered during a robbery attempt at a check cashing business on April 3, 2003.
Brown was sent to death row.
He said all along that he was with a girlfriend at her apartment the night of the murders but he had no proof.
During the appeals process in 2013, the DA's office learned about a phone record that supported Brown's story had not been disclosed to the defense. Brown was granted a new trial.
A team of prosecutors re-investigated the case and presented their findings to the district attorney.
"We re-interviewed all the witnesses, we looked at all the evidence and we're coming up short," Anderson said. "I don't know what else to say. We cannot prove this case beyond a reasonable doubt. Therefore, the law demands that I dismiss this case and release Mr. Brown."
Police Chief Charles McClelland said Brown remains a person of interest.
"I'm convinced this is the person we need to focus on," the chief said.
The latest developments will likely reopen old wounds for the victims' families.
"My heart goes out to the families of Officer Clark and Alfredia Jones, whose loss and continuing grief cannot be comprehended. I can only assure them that their loved ones will never be forgotten and our pursuit of justice for those responsible will never cease," District Attorney Anderson said.
The Houston Police Officers Union said the fight is not over.
"For those of you out there who say this individual was wrongfully convicted, you're wrong. He wasn't wrongfully convicted," said Joseph Gamaldi with the HPOU. He was just granted a new trial and there is a big difference between those two."
There is no statute of limitations for capital murder.