Tyrone Parker

THE CASE

Case No: CR 94-2896
Date of Crime: August 12, 1993
Date of Conviction: September 13, 1995
Sentence: Life and 25 years to run concurrently for Second Degree Murder and Armed Criminal Action

Introduction

On August 12, 1993, I, Tyrone Parker and Christopher Frasure were at the home of Wesley Walker where we decided to go to the liquor store to purchase some beer. Upon receiving the beer, we travelled on the back streets going back home, on the night of the shooting.

Mr Frasure and I were in Frasure’s light blue 1976 Ford Granada where I was a passenger and he was the driver. Upon travelling southbound on Walrond we noticed a red Chevette in the middle of the road on the block, where I and Mr Frasure identified a guy we knew named Earl Wells, standing on the corner of the block.

We travelled southbound where Mr Frasure stopped at the stop sign to make a right turn, but before Mr Frasure made the turn a police officer turned left in front of us going northbound. Mr Frasure and I travelled a couple of blocks westbound where we resided.

Later that night I noticed a Detective William Wilson and Earl Wells pulling into my driveway with his high beams trained on me and my home. I was standing about eight feet from Detective Wilson’s car when he pulled into my driveway. I looked right at them and they looked right at me, then Detective Wilson backed-up and pulled off heading back northbound.

Later on that night Mr Frasure and I noticed detectives’ cars on the corner of the block, so we walked towards the detectives in an attempt to ask them what was going on. Sergeant K Francis and Detective John Fraise asked us our names and we identified ourselves. We were then arrested on the spot and taken into custody. Later, we found out from the detectives that a drive-by shooting had been committed causing injury to three victims and killing an eleven month old baby boy.

I was released from police custody on August 12, 1993, and was told by Detective William Wilson that I was not a suspect in this case.

In 1994 the State Prosecutor sent out a warrant for my arrest. I was questioned a second time by Detective Wilson and I willingly told him the same truth I had told him the previous year. I was soon arrested and falsely accused of being the driver at the drive-by shooting.

On September 11, 1995, shortly before my trial was scheduled to begin, I took the witness stand. No jury had been impaneled. No other witnesses had been called. With my attorney Frank Smith III asking the questions I told Circuit Judge Jay Daugherty that the latest plea offer I had received from the State of Missouri was that all charges against me would be dismissed, and I would be released from confinement instantly, if I testified against my co-defendant Christopher Frasure. I explained to the court that I was refusing the offer to have the case dismissed outright because I was innocent. I stated that even though I knew the possible range of punishment included life in prison, I would not accept a deal that caused me to testify untruthfully against Christopher Frasure (and therefore against myself) even if it meant absolute freedom from any punishment.

On September 13, 1995, I was falsely convicted of aiding and abetting in the murder and wounding of three people.

Statement of Facts

Tyrone Parker has maintained his claim of mis-identification and innocence of the above allegations.

Three witnesses testified at trial that they saw the vehicle from which the shots were fired: Harvey Hamilton, Oscar Bolton and Earl Wells. Harvey Hamilton and Oscar Bolton were standing outside when the shots were fired from a Ford Granada with a grille of a Cadillac. Oscar Bolton further stated that he knew the vehicle belonged to Christopher Frasure - Tyrone’s co-defendant. Neither witness, however, was able to identify Mr Parker inside the vehicle.

The third witness, Earl Wells, was the State’s only witness at trial who testified he could identify Tyrone Parker as the driver of the vehicle used in the commission of the crime. By the time of Mr Parker’s trial, Earl Wells had already testified several times concerning the case: In Christopher Frasure’s (co-defendant) second trial, in deposition preceding the first trial, and in a video-taped statement given to the police on the night of the murder. Mr Earl Wells’ testimony at Parker’s trial contained several inconsistencies which were never revealed to the jury.

Since Mr Parker’s false conviction, new supporting evidence has been discovered that greatly discounts Mr Wells’ identification of Mr Parker being the culprit/driver in the drive-by shooting that took the life of an innocent child - Gregory Bolton Jr.

Mr Parker expresses his condolences to the Bolton family/friends for their loss and suffering, but the truth remains that they are innocent bystanders of this horrible situation that has caused all involved families, friends and others pain and hardship.

Mr Parker sits in prison, not because there was some known or unknown altercation between him and the Bolton family, but because of Mr Earl Wells‘ identification of Mr Parker and a vehicle that he knew to belong to Mr Frasure. It is a true and known fact, that Mr Parker and Mr Frasure were driving through the block a split second after the drive-by shooting took place, unfortunately placing themselves in the mist of hysteria.

Earl Wells was the crucial, if not arguably the deciding witness at the trial. He was the only witness who could allegedly identify Mr Parker, or anyone else for that matter, in the suspect vehicle as it sped away from the scene of the shooting. He was the only witness who saw the same vehicle come back a second time to the scene of the crime. He was the only witness who could identify Mr Parker and his co-defendant, Chris Frasure, as the occupants. Mr Parker was an occupant of a vehicle, but not the vehicle that fired shots at the Bolton family and others, but of the second vehicle coming through an unknown crime scene for the first time. He was the person who directed the police to Mr Parker’s house later that same night where he assisted in the arrest of both Mr Parker and Mr Frasure. It is difficult to imagine an arrest, a charge, a trial, or a resulting conviction without the active participation and testimony of Earl Wells. He, in short, provided the state with its suspects and with its most probative evidence at trial.

In September of 1998, Mr Parker and brother (Cyrus Johnson) sought the assistance of Alvin L Brooks, former Mayor Pro-term, in securing these documented facts. Mr Brooks checked into the matter and discovered that Mr Parker was correct in his claim of withheld documented evidence that would have exonerated him of the charged crime of murder in the 2^nd degree and armed criminal action. Mr Brooks called the Jackson County Prosecutor’s Office to request that they deliver Mr Parker’s entire file to his recent attorney Michael D Sanders.

On October 1, 1998, attorney Michael D Sanders, former Jackson County’s Head Prosecutor, received Mr Parker’s entire file wherein Mr Sanders discovered new reliable evidence, unseen and unknown to himself, his client (Mr Parker), trial court, and the fact finders of truth (jury), that were withheld. After re-assuring himself that these reports (evidence and results) were factually and knowingly withheld by the prosecutor’s office, Mr Parker sought Mr Sanders’ assistance in having his case re-opened in order that the jurist (judge) may weigh the prejudicial effects of the withheld documented facts. Mr Sanders was unable to involve himself since he had taken office as the Head Prosecuting Attorney for Jackson County, Missouri.

Ms Kathy Hentges, an examiner with the Fingerprint Unit Section of the Kansas City Missouri Police Department, rendered an accurate and factual report on August 13, 1993 in favour of Mr Parker’s mis-identification defense. Ms Hentges’ report clearly excluded Mr Parker as the driver of Mr Frasure’s vehicle based on this factor: Prints recovered from Tyrone Parker by court order were insufficient as the driver, thereby excluding Mr Parker as the driver of Mr Frasure’s vehicle on date in question of the drive-by shooting. Yet the state moved to exclude Ms Hentges’ evidence and results.

Mr William Newhouse, Firearm and Tool Mark Expert, of the Criminalistics Laboratory for Kansas City, Missouri. On August 17, 1993, rendered evidence and results in favour of Mr Parker’s defense of misidentification. Mr Newhouse’s report clearly excluded the vehicle that Mr Parker and Mr Frasure were occupants of as the vehicle or a vehicle where shots were allegedly fired from as no trace evidence of gun power residue were found on Mr Parker’s person or in Mr Frasure’s vehicle.

The weapon that was used in this crime has never been recovered.

Det. L. Borkowski, conducted an area canvass on August 23, 1993, in order to obtain statements from possible eye-witnesses of the drive-by shooting. Det. L. Borkowski came in contact with Kenneth and Loretta Wesley, whose observation and identification supported Mr Parker’s defense of mis-identification. Wesley identified a driver and different model vehicle from that of Mr Frasure and his vehicle.

How Can You Help?

Tyrone Parker’s News Forum

Seeking competent attorneys is a must in this case because of the seriousness of the claims.

Tyrone Parker seeks relief in the form of having these withheld facts placed before the fact finders of truth (jury). He believes this would lead to his conviction for murder in the second degree, and armed criminal action, being re-opened in order to weigh the prejudicial effects and truthfulness of these withheld documented facts which would give way to Mr Parker’s innocence.

The Bolton family and other victims of August 13, 1993’s drive-by shooting has a right to hear the truth and to know the truth for themselves that their pain, suffering and loss of life were not caused by the actions and inactions of Mr Parker, by being told that he is not the culprit of the August 13, 1993 drive-by shooting.

For more information on how to get involved or to receive more information, write to Tyrone Parker directly (address below) or go to www.myspace.com/tyronegparker and send an email to him.

Tyrone Parker
#518306
C.R.C.C.
1115 E Pence Road
Cameron
MO 64429
U.S.A.