Staten Island man freed after spending years behind bars for robbery he says he didn't commit
NEW YORK -- A Staten Island man was freed early after spending several years behind bars for a robbery he says he did not commit.
In March, his case was vacated by a judge, though the district attorney's office is still reviewing it.
Nine-year-old Bella was overjoyed and totally surprised to see her father at home after he was released from prison for a crime he says he was never involved in.
"Beautiful feeling over me, knowing that I get a chance to see my kids again," Timothy Turner said. "She just hugged me. She just put her head on my chest and started crying."
In March, a judge vacated his conviction based on new evidence. On Monday, he walked out of jail, greeted by his wife and his mother-in-law.
"First thing, I did was hug my wife. She's been there for me through the whole time," Turner said.
"It was the best feeling ever to have him home to his family," Turner's mother-in-law said.
"It's still like a dream. I'm still floating," Turner said.
But the 36-year-old says he can't shake his nightmare, which began April 6, 2018.
Video shows Turner getting his hair cut at a Staten Island barbershop on Olympia Avenue when officials say a man walked in with a gun and tried to rob the barber of his jewelry.
"It was a terrifying experience," Turner said.
You see Turner drop to the ground and appear to crawl away.
Turner's attorney says the suspect pointed a gun at him and said he would shoot them both unless Turner helped move the barber to a bathroom, but prosecutors had a different theory -- that he was assisting the suspect.
"The complaining witness who testified that, in his opinion, Mr. Turner had set him up," defense attorney Gary DeFilippo said.
Turner was convicted of robbery and sentenced to 12 years.
"We all was in disbelief," Turner said.
Meanwhile, the armed suspect, Jermaine Moore, got away. It was two years before he was arrested. He eventually pleaded guilty to robbery in exchange for a seven-year sentence. That was the turning point for Turner.
Moore testified in court he had never met Turner, saying, "He is innocent. He doesn't have nothing to do with this."
CBS2 has reached out to the Staten Island district attorney's office. A spokesperson said in part, "Our office is carefully reviewing the court's 26-page written decision that was issued today, and will assess our next steps in this matter after such review."
Not only does Turner say he'll never go near the barbershop again, he says he feels scared to even walk on the streets of Staten Island, the borough where he grew up.
"I have fears of Staten Island," Turner said. "In my mind, I still feel just any moment, they can come and just take you."
He's trying to stay positive focused on his favorite things -- family and food.
"Eat! Eat! Shrimp parmesan," Turner said.
He's working it off by starting a personal training business.
Late Wednesday afternoon, Turner's defense attorney says he received a notice of appeal from the DA's office.