Description: New York, New York defendant, Wayne Cardine, was charged with murder.

Robert "Dak" Mickens, age 22, was shot and killed on September 3, 1994, in front of 210 Edgecombe Street about a block south of 145th Street. He had been shot 10 times.

Nineteen-year-old N.S. and 14-year-old N.V. told police that "Tingaling" was the gunman and N.S. identified Wayne Gardine, age 20, as the shooter.

Gardine was arrested. He denied having anything to do with the death of Mickens.

In June 1996, Gardine went to trial. There was no forensic or physical evidence tying him to the crime.

N.S. identified Gardine as the shooter at trial but there were discrepancies in his testimony including the description of the shooter which did not match Gardine and the distance N.S. was from the scene of the crime, 200 feet rather than 20.

Gardine pled not guilty and claimed an alibi.

Outcome: On June 26, 1006, the jury convicted Gardine of second-degree murder and criminal possession of a firearm. He was sentenced to 18.5 years to life in prison.

Gardine’s convictions were upheld on appeal. In 2004, he filed a federal petition for a writ of habeas corpus, but in 2006, the petition was denied.

Eventually, the Legal Aid Society’s Wrongful Conviction Unit (WCU), with investigator Nathan Tempey, began reinvestigating the case and also requested that the Manhattan District Attorney’s Post-Conviction Justice Unit re-examine Gardine’s case.

On November 14, 2023, Legal Aid WCU attorney Lou Fox filed a motion to vacate Gardine's conviction.

N.V. recanted and Gardine alibi checked out.

The Manhattan District Attorney's Office joining in the motion to vacate the judgment against Gardine.


On November 27, 2023, New York County Supreme Court Justice Kathryn Paek vacated Gardine’s convictions, and the prosecution dismissed the case.

On December 6, 2023, Gardine was released from ICE custody on bond.

Plaintiff's Experts:

Defendant's Experts:

Comments: