Brooklyn Man Exonerated, Freed After 16 Years in Prison for Wrongful Murder Conviction

BROOKLYN, NY - After spending 16 years behind bars for a murder he did not commit, Arvel Marshall, 52, has been exonerated and his conviction vacated. This decision comes after a reinvestigation by the Brooklyn District Attorney’s Conviction Review Unit (CRU), which uncovered significant "errors" * in the original trial that had resulted in Marshall’s wrongful conviction.

In 2008, Marshall was convicted of the murder of 22-year-old Moustapha Oumaria, who was shot while sitting on the steps outside his home in Crown Heights, Brooklyn. The prosecution argued that Marshall, driven by jealousy over Oumaria’s relationship with his girlfriend, Janiquea Callier, was the shooter. Eyewitness testimony and a flawed investigation led to Marshall’s conviction and a 25-year prison sentence. The CRU’s investigation revealed several critical errors that undermined the fairness of Marshall’s trial (See the DA’s report here).

During the trial, crucial surveillance footage showing two young men at the crime scene, one of whom appeared to pull out a gun before fleeing, was withheld. Although Marshall repeatedly requested the video to be shown to the jury, the prosecution claimed it was unreadable. Instead, they presented only still images that lacked the full context provided by the footage.

Marshall’s defense attorney at the time, Alan Stutman, failed to advocate effectively for him. Stutman dismissed Marshall’s concerns about the video evidence and sided with the prosecution, who argued the footage was irrelevant. This neglect denied Marshall the opportunity to present a complete defense.

The judge presiding over Marshall’s trial, Vincent Del Giudice, exhibited clear bias against him. During the trial, the judge repeatedly dismissed Marshall’s valid concerns and even instructed him to “shut up” in front of the jury. This conduct compromised the impartiality of the trial and contributed to Marshall’s wrongful conviction.

On Friday, the Brooklyn Supreme Court vacated Marshall’s conviction and dismissed his indictment. The decision was based on the CRU’s findings, which highlighted the failures of the prosecution, defense, and judiciary in handling the case. The footage that was originally suppressed played a pivotal role in proving Marshall’s innocence. Marshall’s current attorney, Justin Bonus, emphasized that the video evidence made it clear the case should never have gone to trial. He also pointed out the faulty identification procedures that misled the investigation and trial.

The prosecution having been aware of the contents of the video and willingly withholding information during trial that would have cleared Marshall's name is not only a gross display of injustice, but a crime in and of itself — New York Penal Law § 195.07: Obstructing Governmental Administration in the First Degree, New York Penal Law § 195.00: Official Misconduct.

Marshall expressed gratitude but also sorrow for the years lost, understandably. He attended his mother’s funeral in shackles during his wrongful imprisonment and spoke of the pain of being separated from his family. Despite his exoneration, Marshall acknowledged that the fight for justice continues, not only for himself but for others wrongfully convicted.

To see this kind of undeterred spirit in someone who has faced the unthinkable is incredibly inspiring.

District Attorney Eric Gonzalez, who was present at the hearing, noted that the case reflected "systemic failures" across multiple facets of the criminal justice system, including policing, prosecution, defense, and the judiciary. Gonzalez met with Marshall on his last day in prison and expressed hope for Marshall’s future as he begins to rebuild his life.

Marshall remains hopeful that the real perpetrator will be brought to justice, offering some solace to Oumaria’s family after so many years of unanswered questions.

Weremain hopeful that Marshall will soon be seeing a generous sum of money to compensate for lost wages, time and freedom.

* Note that true errors are accidental, and in this case that does not apply. The Manhattan Gazette has reached out to Alan I. Stutman, Esq., and Vincent Del Giudice for comment. As of the time of publication, no response had been received.