Court dismisses 1990 Dallas sex assault conviction after DNA testing exonerates defendant
A state court in Dallas County on Wednesday dismissed a man’s 1990 sexual assault conviction after DNA testing concluded that he is innocent, the Dallas County Criminal District Attorney’s Office said.
Tyrone Day was convicted of the sexual assault of a woman in the Fair Park area of Dallas.
On an attorney’s advice, Day pleaded guilty and was sentenced to 40 years in prison. Day was released on parole after serving about 26 years, and he was required to register as a sex offender for life.
Rounds of DNA testing that was unavailable at the time of the sexual assault excluded Day as a genetic contributor to the evidence collected when the offense occurred, the district attorney’s office said.
“That’s the weight that’s been lifted up off my shoulders,” Day told WFAA-TV after a hearing at which his name was legally cleared. “This is justice right here today. This is justice. I can’t explain it. But it’s overwhelming.”
Since his release from prison, Day has started a program called Restorative Farms in south Dallas, which helps people from poor backgrounds battle food insecurity, WFAA reported.
Now that he has been exonerated, Day will receive a payment from the state in an amount to be determined.
The DNA testing revealed the identities of two other men who will not be prosecuted because the statute of limitations expired and because of the victim’s memory of the sexual assault, the district attorney’s office said.
The office’s conviction integrity unit concluded the identification of Day by the woman who was sexually assaulted was not reliable. The victim’s identification was based on Day wearing a hat similar to that worn by one of her attackers, and investigators did not show her a photo lineup, according to the district attorney’s office.
The office sought the dismissal and exoneration in a motion.
