Danyale Gill, a now 49-year-old man wrongfully convicted at age 18 for a 1994 shooting in Portland, has taken legal action against the city of Portland and eight former police officers by filing a federal civil rights lawsuit.
Gill’s conviction was overturned after another individual, Gabriel Chiles, confessed to the shooting, clarifying that Gill was innocent of the crime.
The incident in question occurred on March 25, 1994, when a man named Tommy Felix was shot at the corner of Alberta Street and Northeast 15th Avenue.
According to the lawsuit, Police Chief Charles Moose, who was in charge at the time, played a significant role in Gill’s wrongful arrest.
While driving near the shooting scene, Moose witnessed a person fleeing the area but soon lost sight of him.
As he drove around the neighborhood, he encountered Gill, who was walking home from visiting a family member, completely unaware of the shooting that had just taken place.
The suit claims that after Moose confronted Gill with his gun drawn, Gill panicked and ran away, leading to his arrest despite having no connection to the crime.
Moose later identified Gill as the gunman, although the abandoned plaid shirt found nearby did not belong to him.
When police interrogated Felix, the shooting victim, he provided a description of the suspect that did not match Gill.
The victim described the shooter as about 5-foot-5, dressed in a red shirt, black coat, and black pants, which further contradicted the accusations against Gill.
Officers Larry O’Dea and Mike Leloff showed Felix a photo array including Gill, yet Felix identified another individual as resembling the shooter.
The lawsuit alleges that key evidence supporting Gill’s innocence was suppressed by the defendants, as the police officers failed to provide relevant information and documentation to Gill and his defense team.
Evidence included notes from Gill’s police interrogation and his own statements made during questioning, which were not shared with his lawyers or prosecutors.
Moreover, police neglected to contact Gill’s uncle, who could have verified his alibi at the time of the shooting, despite having received his contact information.
On July 18, 1994, a Multnomah County jury convicted Gill of attempted murder in a 10-2 vote and also convicted him of assault and unlawful weapon use by a vote of 11-1.
Notably, Felix, the shooting victim, did not appear for his trial testimony, as prosecutors had reported that a subpoena directed to him was delivered to his last known address.
Thirteen years later, in 2007, Gabriel Chiles admitted to the crime, stating that Gill was not involved and his story was corroborated by another witness, McKeever Thompson.
With the support of the Oregon Innocence Project, Gill eventually had a petition filed to overturn his conviction.
In July 2023, the prosecution agreed to dismiss all charges against him, culminating in the official dropping of his conviction in September.
Gill’s attorney, Megan Pierce, noted that his wrongful conviction profoundly impacted his life.
The lawsuit details how he was separated from his family and friends during a critical time in his life and was incarcerated for a crime he did not commit.
Upon his release from prison in 1997, Gill faced homelessness and was forced to live in a car.
He later encountered legal troubles again, resulting in a conviction in 1998 for attempted assault where he received a 44-year prison sentence after being labeled as a “dangerous offender” due to his prior conviction.
His sentence was eventually reduced, and he was released from prison in October 2023.
The complaint filed in federal court includes allegations of wrongful conviction, conspiracy of malicious prosecution, unlawful detention, and intentional infliction of emotional distress.
Pierce emphasized the negligence of the police officers involved in the case, stating that they were aware of Gill’s innocence yet chose to pursue a conviction regardless of the truth.
City Attorney Robert Taylor declined to comment on the ongoing lawsuit.
Currently, the lawsuit includes the city of Portland, the estate of Charles Moose, several former officers, including O’Dea, Leloff, and others who contributed to the wrongful conviction.
O’Dea rose through the ranks to eventually become police chief from January 2015 to June 2016, retiring amid a separate shooting scandal after an off-duty incident.
This case raises critical questions about accountability and the consequences of wrongful convictions within the criminal justice system.
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