TOLEDO, Ohio —
In a landmark decision on Monday, Judge Gary Cook dismissed the charges against Eric Misch, a Toledo man who spent more than 25 years in prison for a crime he has long maintained he did not commit.
The move effectively overturns Misch’s 1993 conviction for the 1992 murder of Vernon Huggins in Wilson Park, a case that has been fraught with controversy and allegations of misconduct.
In October, the Lucas County Prosecutor’s Office filed a motion to dismiss charges against Misch after it was determined that key pieces of evidence were not provided by the police department to attorneys, even the prosecutors on the case.
11 Investigates spoke with Misch after Judge Cook's decision, which was levied without prejudice, meaning charges could be refiled. Misch expressed confidence that though charges technically could be filed again, they would not be.
“I just know I didn’t do it, you know? I wasn’t there. I didn’t do it,” he said. “I don’t think there’s any way they could say, you know, we know you because I know I didn’t do it.”
But the prosecutor's office would face multiple hurdles in attempting to retry the case, which Prosecutor Julia Bates addressed late this afternoon in a statement.
“This case was tried 30 years ago, and we must view that verdict through the lens of current Ohio law. Since the trial, additional documents have come to light," the statement reads. "Of the three detectives involved, one is deceased. Another has no clear recollection but states he told the truth under oath and identified his handwriting. The third has no memory of the case but confirmed his handwriting. The state reviewed other aspects of the case but faced difficulties with witness cooperation. This led our office to ask for the dismissal of Mr. Misch’s case without prejudice.”
Misch, who was 16 years old at the time of the alleged crime, was accused of being part of a gang known as The Bishops, which allegedly targeted minorities.
Prosecutors said he was a member of the gang and helped to distract Huggins, while Louie Costilla, Joseph Rickard, Larry Vasquez and Mel Vasquez beat him to death.
Misch initially confessed to the murder but later recanted, claiming that his confession was coerced by law enforcement.
In an interview after the hearing he said, "I was scared," in explaining why he would confess to a crime he didn't commit.
Despite taking back his confession, he was convicted and sentenced to life in prison. Misch was paroled on April 23, 2020, though he continued to profess his innocence.
The Fight for Justice
In 2011, the Wrongful Conviction Project took up Misch's case, uncovering significant evidence that had not been disclosed to his defense team during the original trial. This included interviews with Huggins' family and other evidence suggesting alternative suspects. The new findings cast serious doubt on the integrity of the original investigation and prosecution.
In June, Lucas County Common Pleas Court Judge Gary Cook granted Misch a new trial after it was discovered that the Toledo Police Department failed to turn over evidence to Misch's attorney — or even prosecutors — that pointed to several other viable suspects.
The prosecutor’s office initially appealed that decision, but eventually withdrew that appeal and in October, attorney Julia Bates’ office asked that the charges be dismissed, leading to Judge Cook's decision on Monday.
Willie Knighten Jr., an exonerated Toledo man whose own case highlighted issues with the criminal justice system, called it a great day for justice in Lucas County – one that was a long time coming.
“It’s a great day for Eric Misch and for all those coming behind him with claims of innocence. We’re thankful for the prosecutor’s office for seeing the truth and we believe that a lot more will come out shortly,” Knighten said.
“We just have to trust the process. This has been a long time coming from the day I met Eric. So now, he’s never, ever wavered in his claim that he didn’t do it. It was as simple as that.”
As far as the four other men who were convicted in connection with Huggins' murder, more dominoes are set to fall as a status hearing is set for them. Costilla and Rickard have pending motions in Lucas County Common Pleas for new trials. Those motions were put on pause until Misch’s case was decided on appeal. They can now move forward, unless the prosecutor also moves to dismiss their charges. The lead detective in the case has died and other detectives had trouble remembering any details of the case at the August 2023 hearing for Misch. In addition, Larry Vasquez and Mel Vasquez are asking the court to allow them to withdraw their Alford pleas. They accepted the pleas after Misch, Costilla and Rickard were found guilty.
What's Next for Misch
With Cook granting the state’s motion, Misch is allowed to sue in Lucas County Common Pleas Court to be declared a “wrongfully imprisoned individual.”
If he wins that declaration, he can ask the Ohio Court of Claims to award him compensation. The annual award is set by the Ohio Auditor. Most recently, former prisoners were offered $64,186.92 per year.
No individual has ever been compensated in Lucas County.
Misch said Cook’s decision and his exoneration will prove to be life-changing for him.
“It lifts a lot. It’s a big burden off my shoulders,” Misch said. “I feel like it’s really a breath - like I can finally breathe and I don’t have to go and ask a parole officer to leave the state, or take my wife somewhere and help my family and just keep working.
"That’s all I’m gonna be able to do – just keep working and try to make up for lost time.”