‘That’s not justice’: Murder victim’s wife speaks after suspect released from jail on ‘typographical error’
Editor’s note: Previous coverage in the video above
CUYAHOGA COUNTY, Ohio (WJW) — The FOX 8 I-Team confirmed a 22-year-old man accused of murder but was released from jail after his case was “inadvertently dismissed” is now back in custody.
A U.S. Marshals spokesperson said the task force had discussions with Sanders’ family Tuesday night about him surrendering, but he failed to do so.
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Police said Amarion Sanders was arrested Wednesday morning at about 9:30 a.m. on Cleveland’s westside and brought back to the jail.
Authorities were searching for the 22-year-old who is accused of killing a married father of three after his case was “inadvertently dismissed” and he was released from jail, according to Cuyahoga County Court of Common Pleas documents.
Cuyahoga County Sheriff’s Department said Tuesday multiple jurisdictions were on the lookout for Amarion Sanders.
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“Unfortunately, due to this court’s typographical error, the defendant was released from the county jail where he had been held because he failed to make bond,” a judge wrote in a docket entry.
The court explained another case with a similar case number should have been dismissed, but not this one.
On Sept. 23, 2023, a fender bender in the parking lot of a carryout on Cleveland’s east side led to the murder of 39-year-old Derek Driskill, investigators said.
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According to investigators, a car ran into the back of Driskill’s new Mercedes Benz, and while the driver was cooperative, a passenger argued with Driskill and shot him in the head before fleeing.
“Obviously I was heartbroken. I didn’t want to believe it, but I thought he would be OK, but he died two days later,” Driskill’s wife, Andrea Johnson, told FOX 8.
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The alleged killer was identified as Sanders, who later turned himself in to face charges that include aggravated murder. He was held on a $1 million bond.
Driskill’s wife learned on Tuesday that his alleged killer was a free man, exactly nine months after her husband died.
“I don’t think it’s fair. I mean, that’s not justice, it’s not our family feeling safe. I mean, he’s out on the street and can do it to somebody else,” Johnson said.
Driskill’s family wants to know how a mistake like this would allow Sanders to simply walk out of jail.
“I honestly do not understand how that happens. I understand humans make mistakes, but you would think there’s more than one person that something like that goes through,” Johnson said.
The Cuyahoga County Prosecutor’s Office issued a statement that reads, in part:
“The case regarding defendant Amarion Sanders was accidentally dismissed Monday afternoon based on a clerical error made by the court. There was no motion to dismiss filed by our office. Our office immediately notified the court Tuesday morning of the error.”
The Cuyahoga County Court of Common Pleas released the following statement regarding the incident:
The Court cannot discuss an open case, but we deeply regret the error. In this instance, criminal cases with consecutive numbers (CR-23-685908 and CR-23-685909) were randomly assigned to the same Judge at arraignment, which is rare with 34 Judges on the bench. Had the cases been on different dockets, the system would have flagged the error when it was entered.
The Court will review our procedures and work with the Sheriff’s Department to determine how best to ensure that a similar incident does not happen in the future.
We are grateful for the assistance of law enforcement in providing the safe return of Mr. Sanders.
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