Black Man Shot by Cops and Framed for Rape Was Just Exonerated After 19 Years

Termaine Joseph Hicks was 26 and had a 5-year-old son in November 2001, when he was shot three times by Philadelphia police officers who were responding to a report of sexual assault. On Wednesday, at the age of 45, he was finally exonerated and released from prison after 19 years, the Philadelphia Inquirer reported. 

Hicks was exonerated after a review of evidence that was available nearly two decades ago, which reportedly supported his account of what happened that day: that the cops shot him in the back as he was reaching into his pocket to call 911 to help the woman who was assaulted — rather than pulling out a gun and lunging toward the cops, as Philadelphia police officers Marvin Vinson and Dennis Zungulo claimed. The cops also alleged at the time that they found Hicks standing over the unnamed victim with his pants down, according to a report at the time by the South Philly Review.

One of the bullets that struck Hicks collapsed his lung, requiring emergency surgery. Innocence Project lawyer Vanessa Potkin also said that evidence suggested a gun found at the scene was planted on him, according to the Inquirer. 

“He had his hand in his pocket because he was going to attempt to call the police when they arrived and shot him in the back,” Potkin said. “Police claimed that Mr. Hicks had a gun on him as part of their effort to cover up the circumstances of the shooting, but the weapon that was attributed to Mr. Hicks was registered to an active Philadelphia police officer.”

The victim, who was pistol-whipped during the assault and suffered a head injury, was never able to identify her assailant. Surveillance footage not provided to Hicks and his lawyers until after his trial had concluded showed a man wearing a gray hoodie dragging the woman into an alleyway and then fleeing when bright lights appeared. The coat Hicks was wearing at the time did not have a hood. 

Hicks is the 16th person to be exonerated since Philadelphia DA Larry Krasner, a former public defender, was elected after running on a reform platform.

Despite the lack of evidence, Hicks was sentenced to 25 years for the rape, the maximum penalty under law. Because he maintained his innocence throughout his years in prison, Hicks’ lawyers argued he was punished at his parole hearings for not showing remorse for the crime — one that Krasner’s office now concedes he didn’t commit. 

“False testimony was used, and I believe it’s impossible to say that did not contribute to the conviction,” Conviction Integrity Unit chief Patricia Cummings said, according to the Inquirer. After consulting with the victim and her family, the DA’s office will not retry the case. 

Philadelphia judge Tracey Brandeis-Roman finally vacated Hicks’ conviction Wednesday. “I am quite cognizant of the pain and the trauma of the victim, and then more pain in realizing that the wrong person was convicted,” Brandeis-Roman said.

“It’s unfortunate and sad that it took how long it took for me to clear my name. I’ve been saying the same thing since day one,” Hicks told the Inquirer following his release from prison Wednesday.

“The things that are promised to citizens should be delivered: a fair trial, and a fair look at what’s being presented.”