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State of Texas v. Andrew Wayne Roark
Date: 11-18-2025
Case Number:
Judge: Not Available.
Court: District Court, Dallas County, Texas
Plaintiff's Attorney: Dallas County, Texas, District Attorney's Office
Defendant's Attorney: Gary Udashen
Description:
Dallas, Texas, criminal defense lawyer represented the charged with child abuse.
Andrew Wayne Roark, 48, for his 2000 injury to a child conviction after an extensive and careful re-evaluation of the evidence by the Dallas County District Attorney’s Office’s Conviction Integrity Unit (CIU). Changes in science regarding the mechanism of the injury, which the Court of Criminal Appeals opined was “the most persuasive evidence at trial” against Roark, led the District Attorney’s Office to conclude that there remains no substantial and credible evidence that Roark committed the
offense of injury to a child and is therefore actually innocent.
“There exists no evidence in which we could support a conviction and believe Mr. Roark is actually innocent,” Dallas County Criminal District Attorney John Creuzot said. “We firmly believe would the same facts and circumstances occur today, Mr. Roark would be acquitted of any charges brought against him, therefore he should enjoy the presumption of innocence.”
On July 16, 1997, Roark was caring for his girlfriend’s 13-month-old child when he later discovered the child unconscious that afternoon at home. After undergoing examination, it was medically determined that the one-year-old had been violently shaken and Roark was charged with injury to a child.
On March 14, 2000, Roark was convicted and sentenced to 35 years in prison. The State argued that Roark had caused the child’s injuries by violently shaking her, a claim based on the Shaken Baby Syndrome theory. Current advancements in medical and scientific understanding would no longer support the State’s theory at trial.
“The scientific evidence in this case was highly technical and required careful review. After reading the Court of Criminal Appeals’ opinion, it is evident that the high court also thoroughly examined all the evidence when reaching the conclusion that the advancements in science entitled Roark to a new trial and that it is unlikely a jury would convict him in light of those advancements,” said CIU Chief Prosecutor Cynthia R. Garza.
Roark was released on bond in December of 2012 after the District Attorney’s Office agreed to a new trial based on the evolution of science and emerging case law. The Dallas County District Attorney’s Office agreed to further trial court findings in 2014, 2019, and 2023, recommending that Roark’s conviction be vacated based on Article 11.073 of the Texas Code of Criminal Procedure, which deals with changes in scientific evidence that was introduced at trial and used to convict.
In October 2024, the Texas Court of Criminal Appeals overturned Roark’s conviction. The Court’s decision became final in November of 2024.
Thank you to CIU Chief Cynthia Garza, ADA Brittany Dunn and Investigators Doug Garrison and Duane Glenn for their diligent work on this case.
Mr. Roark was represented by the Innocence Project of Texas and Gary Udashen on behalf of the
Innocence Project of Texas.
This marks the 47th overall exoneration (cases of actual innocence) for Dallas County since 2001
Andrew Wayne Roark, 48, for his 2000 injury to a child conviction after an extensive and careful re-evaluation of the evidence by the Dallas County District Attorney’s Office’s Conviction Integrity Unit (CIU). Changes in science regarding the mechanism of the injury, which the Court of Criminal Appeals opined was “the most persuasive evidence at trial” against Roark, led the District Attorney’s Office to conclude that there remains no substantial and credible evidence that Roark committed the
offense of injury to a child and is therefore actually innocent.
“There exists no evidence in which we could support a conviction and believe Mr. Roark is actually innocent,” Dallas County Criminal District Attorney John Creuzot said. “We firmly believe would the same facts and circumstances occur today, Mr. Roark would be acquitted of any charges brought against him, therefore he should enjoy the presumption of innocence.”
On July 16, 1997, Roark was caring for his girlfriend’s 13-month-old child when he later discovered the child unconscious that afternoon at home. After undergoing examination, it was medically determined that the one-year-old had been violently shaken and Roark was charged with injury to a child.
On March 14, 2000, Roark was convicted and sentenced to 35 years in prison. The State argued that Roark had caused the child’s injuries by violently shaking her, a claim based on the Shaken Baby Syndrome theory. Current advancements in medical and scientific understanding would no longer support the State’s theory at trial.
“The scientific evidence in this case was highly technical and required careful review. After reading the Court of Criminal Appeals’ opinion, it is evident that the high court also thoroughly examined all the evidence when reaching the conclusion that the advancements in science entitled Roark to a new trial and that it is unlikely a jury would convict him in light of those advancements,” said CIU Chief Prosecutor Cynthia R. Garza.
Roark was released on bond in December of 2012 after the District Attorney’s Office agreed to a new trial based on the evolution of science and emerging case law. The Dallas County District Attorney’s Office agreed to further trial court findings in 2014, 2019, and 2023, recommending that Roark’s conviction be vacated based on Article 11.073 of the Texas Code of Criminal Procedure, which deals with changes in scientific evidence that was introduced at trial and used to convict.
In October 2024, the Texas Court of Criminal Appeals overturned Roark’s conviction. The Court’s decision became final in November of 2024.
Thank you to CIU Chief Cynthia Garza, ADA Brittany Dunn and Investigators Doug Garrison and Duane Glenn for their diligent work on this case.
Mr. Roark was represented by the Innocence Project of Texas and Gary Udashen on behalf of the
Innocence Project of Texas.
This marks the 47th overall exoneration (cases of actual innocence) for Dallas County since 2001
Outcome:
The Defendant was exonerated.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Texas v. Andrew Wayne Roark?
The outcome was: The Defendant was exonerated.
Which court heard State of Texas v. Andrew Wayne Roark?
This case was heard in District Court, Dallas County, Texas, TX. The presiding judge was Not Available..
Who were the attorneys in State of Texas v. Andrew Wayne Roark?
Plaintiff's attorney: Dallas County, Texas, District Attorney's Office. Defendant's attorney: Gary Udashen.
When was State of Texas v. Andrew Wayne Roark decided?
This case was decided on November 18, 2025.