Hennepin County judge vacates first-degree murder conviction after conclusive ballistic analysis results, HCAO dismisses charges

A Hennepin County judge vacated the first-degree murder conviction of Jerrell Michael Brown, 38, in the 2008 shooting of Darius Ormond Miller.

At the time of the trial, the ballistics analysis was inconclusive. Without conclusive ballistics analysis, Mr. Brown was convicted based on a mix of circumstantial evidence and incentivized witnesses, including two jailhouse informants who received benefits in their own cases in exchange for their testimony.

Advancements in 3D microscopy technology recently allowed two experts, including an independent expert engaged by the Hennepin County Attorney’s Office, to reexamine the ballistics evidence. Both experts concluded that the bullet that killed Mr. Miller could not have been fired by Mr. Brown. New blood spatter analysis from an independent expert further supported that conclusion.

Additionally, this is the second case where the Hennepin County Attorney’s Office has recommended vacating a conviction in a case that was featured on The First 48, a police entertainment program that provides inside access to police investigations. In Mr. Brown’s case, the episode aired before his trial and may have impacted the integrity of his criminal process.

After the conviction was vacated, the HCAO dismissed the charges. Mr. Brown will now be released after serving nearly 18 years for a crime he did not commit.

“The advancements in technology over the past nearly 18 years were critical to determining the truth of what happened on August 28, 2008,” Hennepin County Attorney Mary Moriarty said. “Mr. Brown did not kill Darius Miller. That is a fact. While Mr. Brown was present at the scene that night, no other charges are appropriate at this point.

“My thoughts are with Mr. Brown as he is released from prison after serving nearly 18 years for a crime he did not commit, and especially with Darius Miller’s loved ones. For nearly two decades, there appeared to be closure and, while freeing Mr. Brown is the only acceptable course of action, I want to acknowledge how difficult this may be for them.”

Case Number: 27-CR-08-45432

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