Free, but still behind bars? Clayton County man stuck in legal limbo
Man in prison despite judge's order for his release
A Clayton County man is in state prison despite a superior court judge’s order. That judge resentenced the man late last week with credit for time served. But corrections officials say they can't let him go until they get the paperwork.
CLAYTON COUNTY, Ga. - After 29 years behind bars, a Clayton County man is still in prison despite a judge's order, according to records reviewed by FOX 5.
Ana Quiñones, an activist who has been fighting for his release, says the judge resentenced him on Friday.
"We’re now at Wednesday, and our guy is still sitting in prison," Quiñones said. "You need to release him. He's done with his sentence. He needs to move on from this mistake he made 30 years ago. This is 29 years ago."
She said she has been given the runaround from court officials.
What we know:
Forty-nine-year-old David Scott is incarcerated at Hancock State Prison, according to online records. On Friday, a Clayton County Superior Court judge resentenced him for a crime committed in the 1990s and gave him credit for time served. As of that order, court records show he should have been released.
A Georgia Department of Corrections spokesperson confirmed to FOX 5 they have not received any paperwork about Scott’s resentencing.
Without those documents, they say they cannot release him.
"Department of Corrections is saying they're not releasing, they're not receiving anything. And then you have the sheriff's department who's saying that's not our department? That would be the clerk of court," Quiñones said. "We're going to keep fighting until he gets home. We're going to keep knocking on doors. We're going to keep making calls. Somebody has to release him. There's no excuses."
Timeline:
In January 1996, Scott was arrested at age 19 for robbing a woman at knifepoint.
One month later, inmate William Castleberry attacked Scott in the Clayton County Jail with a piece of wood. Scott and his attorneys say he fought back, resulting in Castleberry's death.
After years of legal battles, a judge allowed Scott to plead guilty to involuntary manslaughter.
On Friday, a new sentence was handed down with credit for time served.
As of Tuesday night, Scott remained imprisoned.
The other side:
State corrections officials maintain that they are bound by protocol and cannot act without proper documentation.
A staff member at the Clayton County Superior Court Clerk’s Office told Quiñones that notifying the Department of Corrections was not their responsibility, suggesting they contact the judge.
The clerk’s office did not respond to FOX 5’s request for comment.
The staff member Quiñones simply told FOX 5, "No comment."
What's next:
Quiñones and other activists continue pressing for action, determined to see Scott released.
"Every second that you're sitting in prison is very dangerous because he's in a level five facility over in Hancock State Prison in mid Georgia," she said.
The Source: This article is based off of original reporting by FOX 5’s Rob DiRienzo. Additional information comes from the Georgia Department of Corrections and court records obtained by FOX 5.