Defendant released, charges dropped in murder case of CPD officer Clifton Lewis

CHICAGO (CBS)-- Two men charged in the murder of Chicago Police officer Clifton Lewis. 12 years ago had their charges dropped Wednesday, and one of those men was released from jail after a dozen years.

This all came after their attorneys claimed police and prosecutors coerced confessions and destroyed evidence.

As CBS 2's Chris Tye reported, Officer Lewis was shot and killed on Dec. 29, 2011, while working off duty at the M&M Quick Foods convenience store, at 1202 N. Austin Blvd. in the North Austin neighborhood.

Lewis was shot four times as two masked men robbed the store.

Three men were charged with his murder including Tyrone Clay and Edgardo Colon. In a stunning reversal Wednesday, both men had their charges dropped.

Clay faced 80 felony counts. On Wednesday evening, he walked out of the Cook County Jail -- where his mother and attorney were both waiting.

As Clay left jail, screams of joy echoed outside. His mother embraced her son for the fist time, with no murder charge hanging over him.

As CBS 2's Jermont Terry reported, it was a hug Clay said he always expected.

"It don't even feel real," he said, "but it's real."

Clay's family clung to his side as he left the jail with all charges drooped.

"I thank God, because if it weren't for Him, I don't know where I'd be," Clay said.

Clay's attorneys played a major role in him being free too.

Clay also expressed gratitude for his attorneys standing by him, saying they always knew he "was an innocent man."

"They built a case around a coerced confession," said attorney Jennifer Bonjean.

Note that Clay spent 12 years at the Cook County Jail waiting to go to trial, not 12 years in prison after being convicted.

What was behind the decision to drop the charges?

The Cook County State's Attorney's office released the following statement: 

"In light of previous rulings suppressing the statements of both defendants and after a thorough and exhaustive review of the remaining evidence against those defendants, independent of the outcome of today's scheduled hearing, the Cook County State's Attorney's Office (CCSAO) does not believe it can meet its burden of proof at trial and today moved to have the cases of Eduardo Colon and Tyrone Clay in the 2011 murder of Chicago Police Officer Clifton Lewis nolle prossed."

Attorneys for all three defendants – Clay, Colon, and Alexander Villa - allege the CPD and the states Attorney's office concealed and destroyed evidence to secure arrests and convictions — and coerced confessions.

"They doubled down, they covered up, and they tried to make a case work - despite the fact that they had evidence showing these could not have been the men," said Bonjean.

Clay's attorney said cellphone technology proved none of the accused were even near the crime scene that day – adding records show Clay was playing a virtual online game with others at the time of the murder.

"It is misconduct at epic proportions," Bonjean said. "It warrants a special prosecutor to look at the misconduct of the Chicago Police Department and the Cook County State's Attorney office."

CBS 2 Legal Analyst Irv Miller said the case was plagued with problems.

"Everything that could have gone wrong in this case went wrong," Miller said.

Miller says the comings and goings of prosecutors in this case left many in Chicago's legal circles assuming something was wrong.

"Everybody wants to get a conviction when a Chicago Police officer is murdered," Miller said, "and sometimes when you try to do it that way, you mess up. You take shortcuts."

The dropped charges come days after the State's Attorney's office filed a motion barring testimony from longtime prosecutor Andrew Varga and Assistant State's Attorney Nancy Adduci - who was removed in 2022 as head of the State's Attorney's office's Conviction Integrity Unit.

Clay expressed his anger over what happened.

"I forgive them, but I'll never forget what they did to me," Clay said. "Of course I'm mad. They took all these years off my life for nothing."

And with charges dropped, Clay offered a thought to Officer Lewis' family.

"I'm sorry for everything - to him his family, whatever going on with them," Clay said. "But they had to wrong guy."

Clay was 28 when he was locked up. He is now 40.

Villa, the third defendant, was convicted and is awaiting sentencing. His post-trial motions are still pending.

In:
• Cook County
• Chicago Police Department