Clifton Lewis case: charges dropped

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Prosecutors dropped charges Wednesday against two defendants who were charged with murder in the 2011 shooting death of an off-duty Chicago police officer, turning the page on a yearslong court battle that has been dogged in recent months with accusations of misconduct on behalf of the police and prosecutors who handled the case.

Officer Clifton Lewis was shot and killed by two masked men in December 2011 while working a second job as security at a West Side convenience store. Cook County prosecutors charged Tyrone Clay, Alexander Villa and Edgardo Colon in the case that has dragged on for more than 10 years.

In a surprise move after months of contentious hearings and a labor-intensive process by the city to try to comply with discovery obligations amid allegations that officials buried evidence, Assistant State’s Attorneys Craig Engebretson and Kevin DeBoni told the court during a hearing Wednesday at the Leighton Criminal Court Building that they were dropping charges against Clay and Colon.

DeBoni told Cook County Judge Erica Reddick that “after a thorough and exhaustive review of evidence,” prosecutors did not believe they could meet their burden at trial. The proclamation elicited a small wave of claps and cheers in the gallery where family and supporters of Clay and Colon watched.

The charges were dropped as defense attorneys sought to call Assistant State’s Attorneys Andrew Varga and Nancy Adduci to give testimony during an evidentiary hearing about their handling of the case. Earlier this year, the Cook County state’s attorney’s office took Varga and Adduci off the case and assigned new prosecutors.

Defense attorneys had accused Varga and Adduci in court filings of deliberately trying to withhold evidence by using personal email addresses — not subject to disclosure under public record laws — in communications with the Chicago Police Department. They had filed a motion asking Reddick to levy sanctions against the prosecutors.

“I’m not really surprised by the timing,” said defense attorney Jennifer Bonjean, who represents Clay. “I sure would have liked to have them all on the stand to ask them questions about how they justify 12 years of essentially, again, misconduct cover-up … but I’m thankful Mr. Clay can come out.”

In a statement, the Cook County state’s attorney’s office said “independent of the outcome of today’s scheduled hearing, the Cook County state’s attorney’s office … does not believe it can meet its burden of proof at trial.”

An emotional Colon hugged supporters and his attorneys after the hearing, saying he looks forward to moving on with his life. He was locked up for about 10 years, and released on electronic monitoring about a year ago.

“The justice system is broken,” Colon told reporters. “To them, we’re just a number. We’re just a job. They can sleep at night knowing that they convicted somebody.”

Colon had been awaiting a new trial after his conviction was thrown out by an Illinois appellate court, which said his constitutional rights were violated when police continued questioning him after he indicated he wanted a lawyer. A Cook County judge and an appellate court agreed that the statements should be thrown out.

Clay had yet to go to trial, and remained incarcerated for more than 10 years while his case was pending.

His mother, LaVetta Maxwell, said she has always known her son was innocent.

“He said, ‘Mama, I didn’t do this,’ ” she said. “He was scared.”

Edgardo Colon, right, embraces his lawyer on June 21, 2023, at the Leighton Criminal Court Building after charges were dropped against him and Tyrone Clay in the 2011 killing of off-duty Chicago police Officer Clifton Lewis.
LaVetta Maxwell, the mother of Tyrone Clay, speaks June 21, 2023, at the Leighton Criminal Court Building after charges were dropped.

Maxwell said her son, who has been in the Cook County Jail since his arrest in 2012, missed a lot over the years, but will be out in time to watch his niece go to college.

Like Colon, Clay confessed but later argued the confession was coerced. His attorneys have argued that he has “limited intelligence and verbal comprehension.”

Villa was convicted in 2019 but has not been sentenced and has a pending motion for a new trial.

His attorney, Jennifer Blagg, said she hoped Villa’s case would also be dismissed, but noted procedural differences due to the fact that he has been convicted. His case is before a different judge.

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The parties have been tussling over ongoing evidence issues, with defense attorneys maintaining that police and prosecutors were not properly turning over evidence they need to defend their clients. Prosecutors and city attorneys had argued that some of the materials sought by the defense were entangled with a federal investigation and might not be disclosable under federal law.

The federal investigation in question, called Operation Snake Doctor, targeted the Spanish Cobras street gang and was done jointly with the Chicago Police Department.

Lewis, 41, was a towering figure at 6-foot-6, who was described by fellow officers as a “gentle giant” and had just gotten engaged before he was killed.

“He was the sweetest person ever,” his fiancee, Tamara Tucker, told the Tribune earlier this year.

Lewis also left behind his mother, three sisters, an 11-year-old daughter and Tucker’s son.

“Our hearts go out to the family. We recognize this is a very painful experience for them to have gone through,” said Paul Vickrey, who represents Colon. “There was a rush to charge and convict. That’s not really honoring the legacy of a dedicated police officer.”

mabuckley@chicagotribune.com

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