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Wrongly Convicted Database Record
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Charge: |
Attempted Murder and Arson |
Sentence: |
35 years |
Years Imprisoned: |
2.58 |
Year Crime: |
1999 |
Year Convicted: |
2000 |
Year Cleared: |
2002 |
U.S. State or Country of Crime: |
Alabama |
County or Region of Crime: |
Madison |
City of Crime: |
Huntsville |
Result: |
Judicially Exonerated |
Summary of Case: |
"Timothy Shawn Gurley was wrongly convicted of attempted murder and arson on December 1, 2000 in Madison County, Alabama. Gurley's prosecution was based on the testimony of Jason McNeal that about 3 am on October 18, 1999 he awoke in his mobile home and saw Gurley pouring gasoline on him, and he then lit a cigarette that he used to ignite the gas. Gurley's alibi defense was that he was with his girlfriend when the crime occurred. After his conviction by a jury Timothy Gurley was sentenced to 35 years in prison. After Gurley was imprisoned McNeal recanted his testimony to Limestone County sheriff's deputies when he was arrested on drug charges. He told the police that he was unconscious for weeks after the fire and his father and others suggested to him that Gurley started the fire. He said that he had no memory of the fire until he was watching a movie on televsion when the night of the fire became clear to him, and he knew Gurley wasn't there. Based on the new evidence Gurley filed a petition for a new trial. McNeal testified during an evidentiary hearing on June 7, 2002 that Gurley was not present. Gurley testified that he didn't intentionally lie during Gurley's trial, saying, "I didn't lie. When I testified, I was absolutely certain of what I said." He also testified that by coming forward he was trying "to do the right thing." At the conclusion of the evidentiary hearing the prosecution stated it would not oppose granting Gurley's petition for a new trial and that it would not pursue his prosecution. The judge granted Gurley's petition and dismissed the charges. Gurley was not released, beccause he had to serve a two year sentence for marijuana possession that was to begin upon completion of his sentence for his 2000 convictions." |
Conviction Caused By: |
Unintentionally false testimony by the victim in erroneously identifying Gurley as his assailant. |
Innocence Proved By: |
"At the conclusion of the evidentiary hearing on June 7, 2002 the prosecution stated it would not oppose granting Gurley's petition for a new trial and that it would not pursue his prosecution. The judge granted Gurley's petition and ordered dismissal of the charges." |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
22 |
Age When Released: |
24 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Fire Assault Conviction Dismissed, By The Associated Press, The Tuscaloosa News, June 9, 2002" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org