DOCUMENT 56
ELECTRONICALLY FILED
4/1/2015 4:18 PM
01-CC-1985-003363.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
ANNE-MARIE ADAMS, CLERK

IN THE TENTH JUDICIAL CIRCUIT OF THE STATE OF ALABAMA
JEFFERSON COUNTY CIRCUIT COURT
BIRMINGHAM DIVISION

STATE OF ALABAMA,
Plaintiff,
v.

ANTHONY RAY HINTON,
Defendant.

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CASE NOS. CC1985-3363

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CC1985-3364

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STATE’S MOTION FOR ORDER OF NOLLE PROSEQUI

Comes now the State of Alabama, by and through its District Attorney for the
Tenth Judicial Circuit of Alabama, and respectfully moves this Honorable Court to issue
an Order of Nolle Prosequi in the above-stated cases and as grounds therefore, the State
avers the following:
1. The Defendant is currently charged in case number CC1985-3363 with the
capital murder of John Davidson during a robbery in the first degree and in
case number CC1985-3364 with the capital murder of Thomas Wayne Vason
during a robbery in the first degree.
2. John Davidson was murdered on February 24, 1985 during a robbery at the
Mrs. Winner’s restaurant located at 737 29th Street South, Birmingham,
Alabama.
3. Thomas Wayne Vason was murdered on July 2, 1985 during a robbery at the
Captain D’s restaurant located at 5901 1st Avenue North, Birmingham,
Alabama.
4. During the course of the investigation of these two crimes, two bullets were
recovered from the body of John Davidson and two bullets were also
recovered from the body of Thomas Wayne Vason.

 DOCUMENT 56

5. The Defendant was later identified by Sydney Smotherman as the person who
robbed and shot him on July 25, 1985 during a robbery at a Quincy’s
restaurant located in Bessemer, Alabama. Two bullets were also recovered
during the investigation of that robbery.
6. During the course of the original investigation of these cases in 1985, a Smith
& Wesson .38 caliber revolver, serial number 346603, was recovered from the
home of the Defendant.
7. On March 11, 2015, the two bullets recovered from the body of John
Davidson, along with the two bullets recovered from the body of Thomas
Wayne Vason, and the two bullets collected during the investigation of the
robbery of Sydney Smotherman were resubmitted to the Alabama Department
of Forensic Sciences (ADFS) for additional microscopic comparison analysis
to each other and to the Smith & Wesson .38 caliber revolver, serial number
346603, recovered from the Defendant’s home.
8. Three highly-qualified and experienced ADFS forensic scientists, who are
experts in the field of firearms and tool mark identification, each performed
independent forensic examinations of the submitted bullets and firearm.
Utilizing comparison microscopy, each expert inter-compared all six bullets
recovered during the investigations of the three crimes to each other and to
bullets test fired through the barrel of the firearm taken from the Defendant’s
home.

Due

to

insufficient

corresponding

individual

microscopic

characteristics, all three experts found that they could not conclusively
determine that any of the six bullets were or were not fired through the same
firearm or that they were fired through the firearm recovered from the
Defendant’s home.
9. The only potential evidence that has ever been available to the State to prove
that the Defendant committed the murders of John Davidson and Thomas
Wayne Vason depends upon an absolute, conclusive determination that the
bullets recovered from their bodies were in fact fired through the barrel of the
firearm taken from the Defendant’s home.

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10. Based on the microscopic comparisons and conclusions of all three of the
ADFS firearms and tool mark identification experts, the State does not have
sufficient evidence to warrant further prosecution of these cases.

THEREFORE, the State of Alabama respectfully requests this Honorable Court to enter
an Order of Nolle Prosequi in each of these cases.
Respectfully submitted,
/s/ John R. Bowers, Jr.
JOHN R. BOWERS, JR.
Chief Deputy District Attorney
Tenth Judicial Circuit of Alabama
/s/ T. Michael Anderton
T. MICHAEL ANDERTON
Deputy District Attorney

CERTIFICATE OF SERVICE
I hereby certify that on April 1, 2015, a copy of this motion was filed electronically via
AlaFile and a copy was sent to the attorneys of record for the Defendant by placing it in the U.S.
Mail addressed to the following:
Bryan A. Stevenson
Charlotte R. Morrison
Aaryn M. Urell
Equal Justice Initiative
122 Commerce Street
Montgomery, AL 36104
/s/ John R. Bowers, Jr.
JOHN R. BOWERS, JR.
Chief Deputy District Attorney
Tenth Judicial Circuit of Alabama