NEW ORLEANS (AP) — A man who spent 8 1/2 years in jail on a murdercharge without being tried was released Tuesday and his brother, held on thesame charge, was awaiting freedom.
A judge ordered the release of James Thomas and Percy Dyer after anappeal court’s rule last month that prosecutors had waited too long to try themin a 1996 killing in Iberville Parish, west of Baton Rouge.
Thomas, 33, was the first to be released. Dyer, 35, whose age wasunavailable, was still in jail Tuesday, said his attorney, Leo Berggreen. Itwas unclear when paperwork allowing his release would be complete.
“My girls are kind of shy of me right now,” Thomas said on Tuesday.”They were babies when I left, but they’ll come around. I have a lot ofadjusting to do.”
Adjustments include finding a job — he hopes to find work as asandblaster — while getting to know his daughters.
“The first thing I did was fall to my knees and thank the Lord,” Thomassaid after his release. “Then we went to Denny’s to celebrate.”
Thomas and Dyer, were arrested and charged with second-degree murder inthe death of Dennis “Doc” Scruggs, 18, of Baton Rouge.
The men were arrested and jailed “the same month that Bill Clinton waselected to his second term in office as president of the United States –November of ’96,” said Thomas’ attorney J. Christopher Alexander said.
Judge William Dupont of the 18th Judicial District signed an orderMonday throwing out the second-degree murder charges against the men. Duponthad ordered a trial in May but refused to quash the indictment. But on March 7,the 1st Circuit Court of Appeal ruled that prosecutors had waited too long totry the case.
Prosecutors were not giving up. An assistant state attorney general wasworking on papers asking the Louisiana Supreme Court to get the casereinstated, said Kris Wartelle, spokeswoman for Attorney General Charles Foti.She said he expected to file the request Tuesday. Berggreen said the state hasan April 29 deadline to appeal.
“That’s hanging over my head,” Thomas said. “I’m sitting on a thousandpins and needles.”
Both men deny they had anything to do with killing Scruggs. They wereamong four Baton Rouge men arrested in 1996 and accused in that case; none hasbeen tried.
“I had been sleeping and when I woke up my mother told me they had mypicture on the news and said I was wanted for questioning,” Thomas said. “WhenI went there to see about it they just arrested me. I was lost. I knew nothingthey were talking about.”
The arrests were followed by a succession of continued court dates,changes in prosecution and defense attorneys, and motions denied or never ruledon.
Thomas lived in a four-man cell at the Iberville Parish jail, watchingpeople come and go over the years. Spending his time playing chess and readingthe Bible.
“I saw almost everyone in that jail come in and then go out and there Istill was,” Thomas said.
Thomas said he filed several motions trying to get a trial, but theynever got anywhere. Alexander was representing another inmate and Thomas contactedhim, he said.
“I hold the state accountable,” Thomas said. “That’s almost nine yearsI’ll never get back. I can’t just pick my life up where I left off.”
Adjusting to the changes since he was jailed will be difficult, Thomassaid.
“I guess the first thing I’ll have to learn is how to live out hereagain,” Thomas said.
A third defendant in the case, James Ross, recently applied for release.The whereabouts of the fourth defendant, Carl Nash, cannot be determined. Hewas offered a plea agreement if he would testify against the other three,Berggreen said: “He got a low bond and he’s out and nobody knows where he is.”
Scruggs’ stepfather, Gregory Freeman, said in December that his familyfelt “victimized by the process.”
“The court system failed us overwhelmingly,” he said.
