Three men who spent decades in prison have been cleared in the killing of a clerk who was set on fire in a subway toll booth in New York's violent 1990s
FILE — Transit workers dismantle the charred inner wall of a token booth at the Kingston Avenue and Fulton Street subway station in the Bedford-Stuyvesant section of Brooklyn, Nov. 26, 1995, after attackers sprayed a flammable liquid into the token booth and lit it on fire, according to police.
Malik and Irons, both 45, left court free for the first time in over a quarter-century. Ellerbe, 44, was paroled in 2020. While there was at least one other potential suspect early in the investigation, it's unclear whether police or prosecutors plan to — or can — pursue any further investigation decades later.
In fact, Irons was home with his mother, around the corner from the subway station, when he heard the explosion and called 911 — a call that was never played for the jury at his trial, said his lawyer, David Shanies. For instance, Irons said he had been able to see his supposed accomplices jump into a getaway car, although it was parked a block away and around a corner; Malik described the car differently from a witness; Ellerbe described four attackers and said he had sprayed gasoline on the outside of the tollbooth, when in fact it was poured in the coin slot.
But after questions accumulated about Scarcella's tactics, the Brooklyn district attorney’s office began in 2013 to review scores of cases that he had worked.
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