Wrongly Convicted Database Record

 

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Gilbert Amezquita

 

Charge:

Assault - Aggravated (including causing bodily harm)

Sentence:

15 years

Years Imprisoned:

8

Year Crime:

1998

Year Convicted:

1998

Year Cleared:

2007

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Harris

City of Crime:

Houston

Result:

Judicially Exonerated and Later Pardoned

Summary of Case:

"Gilbert Amezquita was wrongly convicted of aggravated assault in 1998. Amezquita was sentenced to 15 years in prison. On November 22, 2006 the Texas Court of Criminal Appeals vacated Amezquita's conviction based on his trial lawyers ineffective assistance of counsel for failing to investigate leads to pointed to another man as the crime's perpetrator. He was released on bond in December 2006 pending the prosecution's decision of whether or not to retry him. In February 2007 the Harris County DA publicly announced that he charges were being dropped. Amezquita's lawyer announced that he would be seeking payment of the compensation provided for under Texas' wrongful conviction compensation statute. The Harris County DA announced he wouldn't oppose Amezquita's compensation. On September 16, 2007 Texas Governor Rick Perry pardoned Amezquita on the basis of his actual innocence, which made him eligible for up to $400,000 in compensation. "

Conviction Caused By:

Faulty eyewitness identification by the victim.

Innocence Proved By:

"On November 22, 2006 the Texas Court of Criminal Appeals vacated Amezquita's conviction based on his trial lawyers ineffective assistance of counsel for failing to investigate leads to pointed to another man as the crime's perpetrator."

Defendant Aided By:

Compensation Awarded:

"$333,333.33 plus $2,475.16 monthly annuity (State of Texas, 10-9-2008)"

Was Perpetrator Identified?

Age When Imprisoned:

20

Age When Released:

28

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"Ex parte Amezquita, no. ap-75,383 (Tex.Crim.App. 11-22-2006)"

Information Location 1:

Information Source 2:

"Freed inmate wants compensation, AP Story, Austin American-Statesman, February 7, 2007"

Information Location 2:

Information Source 3:

"Amezquita v. State, no. 01-98-00831-cr (tex.app. dist.1 11-04-1999) (Unpublished memorandum)"

Information Location 3:

Information Source 4:

"Pardons by Gov. Rick Perry, The Texas Tribune, Aug. 6, 2014"

Information Location 4:

http://www.texastribune.org/library/data/search-texas-governor-rick-perry-pardons/

Information Source 5:

Information Location 5:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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