Man freed after 20 years behind bars: 'I’m, personally, not angry'

On the day he was released after serving two decades in prison for a fatal drive-by shooting that he may not have committed, Francisco "Franky" Carrillo said he doesn't hold any animus against the system that he claims put the wrong man behind bars.

He's relishing his freedom.

"It's overwhelming, it feels great," Carrillo said in an interview after his release. "Justice has prevailed."

Carrillo, 37, was released from custody on Wednesday afternoon after a judge overturned his 1992 conviction for the drive-by shooting that left one man dead. Witnesses to the shooting on Jan. 18, 1991, later recanted their testimony, and a dramatic reconstruction of the shooting raised doubts about whether it would have even been possible to identify Carrillo as the shooter.

Los Angeles County Superior Court Judge Paul A. Bacigalupo decided that the change in testimony and doubts about what witnesses actually saw undermined the jury's verdict in the case. The judge did not make any decision as to Carrillo’s innocence in the matter.

On Wednesday, Carrillo expressed his gratitude to the cadre of lawyers who worked to overturn his conviction, including Ellen J. Eggers, a deputy state public defender who helped assemble the legal team. He said he wants his story to serve as a warning to authorities and politicians that sometimes the system can fail.

After a 20-year legal quest for freedom, now that he has it, Carrillo said he's not bitter.

"I'm, personally, not angry," he said. "I don't want to carry that heavy load."

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-- Jack Leonard and Rick Rojas

Photo: Francisco Carrillo, seated between attorneys Ellen Eggers, left, and Linda Starr at the Compton courthouse, smiles Monday after hearing the judge overturn his conviction. Credit: Christina House / For The  Times

Comments

[Sergio Varela]

I'm happy for you Franky. I wish you the best life has to offer.

[Ryan]

Lawsuit in 5...4...3...

[Fleabell]

At least he's still youngish.

[Espinoza43]

Francisco may not be angry but if the prosecuting attorney were within a thousand yards, his mother (presuming the woman at his side is his mom), would toast him with that glare.

[w1n5t0n]

But by all means let's keep killing people with the death penalty. Because after all, the system never makes a mistake.

[lefty]

?? the guns didn't go off on their own. surely he was part of the gang and should have hung even if he wasn't the trigger man.

[joe republican]

Probably guilty and doesnt hold a grudge because he knows it

[LostGurl66]

How can a man supposively innocent not be angry at the system??? That's 20 years he won't get back except in a big lawsuit

[JamesK]

Before everyone jumps in screeching that he was an innocent man who shouldn't have been jailed, I'd like to point out the importance of the words "may not have committed". Just because the witnesses recanted, thus leaving the judge this avenue of releasing the man, does not make him an innocent victim. It makes him a lucky man who may or may not have committed a murder, but is no longer incarcerated.

[Jim]

Good thing they didn't give him the death penalty, huh?

[concern4us]

Great, another misjustice, but it's OK, the prosecuting attorney is probably a Judge by now... it wasn't their life.

[BB]

What would of happened if this man had gotten the death penalty and it was too late to declare him innocent?

[James]

An American who doesn't want to sue someone? That's a news story in itself. I'm glad to see there is some sanity left in the world. Good luck Francisco.

[u know]

I'm personally not angry.....is that because you just skated out of the rest of your sentence?

If it were me who was wrongfully convicted I would be absolutely outraged and I would sue the heck out of the witnesses!

[Huero]

Does he get any money for being wrongfully incarcerated?

[S Udwin]

"On the day he was released after serving two decades in prison for a fatal drive-by shooting that he may not have committed..." "May?" Whatever happened to innocent until proven guilty?

[John]

@James

It's sane to not sue based on this man's situation? Perhaps you're the one that needs a sanity check.

[Katie Biggs]

To those who wrote unfavorable comments without knowledge, they have a word for that, “prejudice”. I read many court documents regarding the case about 7 years ago. Including a written document from the person who they believe is “involved”. Stating that his mother was not going to let Frankie go down for something her son did. This was just a small portion along with other evidence that pointed to someone other than Frankie. The victim’s family has personally stated they believe Frankie to be innocent and not involved in the crime. Lastly the lawyers involved only take cases they believe in based off of the evidence. The evidence I read 7 years ago has haunted me for years. (Can this REALLY happen in our justice system, echoed back to me in quiet moments.) Injustice is a hard pill to swallow for most, so I can see why some have jumped to such conclusions listed in the comments. It takes true character not to be bitter after such an injustice. With all of this said, I do not personally know Frankie and have never met him. Although KNOWING THE FACTS my husband and I would consider it a privilege.