BUFFALO, NY-- A Buffalo man accused of murder has been released from jail after DNA evidence cleared him as a suspect.
Charles Tubbins, 23, was indicted by a grand jury in connection to the November 12, 2012 robbery and shooting of Rashiene Carson at a gas station in Buffalo's riverside section.
The Erie County District Attorney's office says Tubbins was arrested after several witnesses identified Tubbins by a photograph arrays shown to them by Buffalo Police Department investigators.
The suspect in the murder is alleged to have opened a car door in which the victim was sitting. The district attorney's office asked to have DNA evidence taken from the vehicle to be tested for DNA, and it was discovered that the DNA did not match Tubbins, but someone else.
The DA's office notified the courts, and Tubbins' attorney and Tubbins bail was reduced and he was released from custody.
"The principal duty of a prosecutor is to do justice. That means it is our duty to not only convict the guilty but also to exonerate the innocent. Accordingly, the Erie County District Attorney's Office has adopted professional prosecution standards which are utilized in the review of each felony case before it is prosecuted. Although these rigorous but fair prosecution standards have been disparaged by a handful of critics, scores of innocent citizens have been exonerated (usually before an indictment) because of our review process. In this case, the Erie County District Attorney's Office, upon being supplied with additional evidence, spearheaded the effort to exonerate the person wrongfully accused and to bring the true assailant to justice."
Investigators did located the suspect whose DNA matched the sample taken at the scene and was questioned. Investigators say Ahkeem R. Huffman has since been charged in the crime with attempted robbery and two counts of murder. Huffman faces 25 years to life if convicted.