Wrongly Convicted Database Record
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Charge: |
"Robbery, Kidnapping & Theft" |
Sentence: |
Exonerated After Conviction But Prior to Sentencing |
Years Imprisoned: |
1.75 |
Year Crime: |
2015 |
Year Convicted: |
2016 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Ohio |
County or Region of Crime: |
Cuyahoga |
City of Crime: |
Cleveland Heights |
Result: |
Judicially Exonerated |
Summary of Case: |
"Derius Irby was wrongly convicted in October 2016 of robbery, kidnapping, and theft in Cuyahoga County, Ohio. Irby's prosecution was based on the robbery of a store in Cleveland Heights, Ohio by two armed men who fled the scene in a car driven by a third person. A robber's face who was uncovered was identified by the owner of the store as Hosea Lock. After an extended interrogation Lock told police Irby was the robber whose face was partially obscured by the hood he was wearing. Irby waived his right to a jury trial, and after his conviction, but prior to is sentencing, the Cuyahoga County DA's Office agreed to reinvestigate Irby's case. The FBI was consulted, and its analysis of the store surveillance tape was the man whose face was partially obscured had a darker completion than Irby and he was larger. Charles Hill, the third man prosecuted for the robbery, stated in a sworn affidavit that Irby was not a part of the robbery - even though he refused to tell authorities who the third man was. Based on the reinvestigation Irby's convictions were set-aside on May 8, 2017, and the motion by the Cuyahoga County DA's Office to dismiss the charges was granted on May 31, 2017." |
Conviction Caused By: |
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Innocence Proved By: |
"Based on the reinvestigation Irby's convictions were set-aside on May 8, 2017, and the motion by the Cuyahoga County DA's Office to dismiss the charges was granted on May 31, 2017." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
17 |
Age When Released: |
19 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Derius Irby, National Registry of Exonerations" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org