By Heidi Perez-Moreno
heidiperez-moreno@borderbelt.org
A Fayetteville man convicted of murder in Robeson County eight years ago has been exonerated, according to the North Carolina Innocence Inquiry Commission.
A three-judge panel voted unanimously on Wednesday to clear Clarence Roberts, 49, who in 2017 was convicted of second-degree murder and assault with a deadly weapon in the case of Joshua Floyd Council.
Council, 22, was fatally shot in the torso in 2013 as he tried to run away from gunshots in Lumberton that appeared to be from a passing white car, the Border Belt Independent previously reported.
In 2017, a Robeson County jury deliberated for six hours before finding Roberts guilty. He was sentenced to 31 years in prison and was being held at the Franklin Correctional Center until his release Wednesday. Roberts was behind bars for nearly 12 years, including the time he spent in jail awaiting trial.
The news of Roberts’ exoneration this week comes after the commission, a state agency charged with looking into potential wrongful convictions, held a hearing in 2023 to deliberate Roberts’ case. The agency then voted 6-2 saying the case merited judicial review, and referred it before a three-judge panel. Following the results of that hearing nearly two years ago, the judges ordered for his immediate release. Roberts spent more than 8 years in prison.
But the exoneration also comes on the heels of a North Carolina Senate proposal to dissolve the commission, whose work is singular and unique to the state. The agency’s investigations have led to 15 exonerations of innocent people, all of whom have spent more than 300 collective years in prison, the agency said.
Looking into the case
Roberts himself has long maintained his innocence, BBI previously reported. A witness at the time reportedly told Lumberton police that Roberts left in a car similar to the one on the scene where Council was shot. He was later charged with driving while intoxicated, The Robesonian reported.
Laura Pierro, the commission’s executive director, told the Border Belt Independent on Thursday the judges found evidence that a description of the perpetrator originally reported by the victim did not match that of Roberts.
She said the perpetrator was alleged to have different teeth, a tattoo on his face and stood about 6 feet tall. Roberts does not have a tattoo on his face and stands closer to 6 feet 5 inches. Another witness came forward saying a man had confessed to the murder, but he also did not fit the physical description provided by the victim.
“The description of the face did not match and the way in which Mr. Roberts was found, his state of inebriation at the time, the fact that he disclaimed ever owning a gun and could not be tied to the crime by any physical evidence, all pointed to his innocence,” Pierro said.
Council was the only individual part of his group to be shot, although others were wounded, according to a previous Border Belt Independent report. They were playing basketball at a park on Peachtree Street.
NC Senate calls for end of Innocence Commission
The Republican-led North Carolina Senate put forth its budget proposal earlier this week; included in the budget is a provision to eliminate funds for the commission. It states that other “non-state entities provide similar opportunities for individuals to seek legal guidance and case review.”
The proposal came as a shock to Pierro, who said the commission was saddened by the news.
The commission has helped push the exoneration of several wrongfully convicted individuals, such as Henry McCollum and Edward McInnis. It is able to work as a neutral, nonpartisan agency that can independently search for evidence, such as rape kits, files and fingerprints that defense attorneys don’t have access to, Pierro said.
“We serve as the expansion of the road for innocent projects that have reached a dead end and need our assistance to reach the truth and we serve as the stop sign for offenders looking to game the system and perpetuate the suffering of crime victims and their families,” she wrote.
The News and Observer reported on Tuesday that Senate leader Phil Berger told reporters there are other avenues available to judge someone’s innocence in a case, including motions for appropriate relief.
“And as I understand it, because of some reforms that actually are in place, you’re not having the newer cases with the same sorts of issues (as) some of the older cases, and that it kind of served its purpose,” he said.
But some of those avenues themselves have been up for debate in the North Carolina legislature, including proposals aimed at post-conviction sentences. Most recently, lawmakers filed House Bill 307 and Senate Bill 429, both of which would limit the time that an appropriate relief motion can be filed.
Pierro left her post as a prosecutor and immigration judge to lead the agency earlier this year. She stressed the commission’s unique judicial work inspired her to take on the role. It’s the same value and mission the agency said it’s been trying to reiterate to state lawmakers.
“Our mission, which only we and no other entity has been able to provide in these instances, is neither complete, unnecessary, or a waste of resources,” she said.
The North Carolina Innocence Inquiry Commission was created by the General Assembly in 2006 and began operations the following year. Over the course of its existence, the commission has received 3,500 clams submitted for review and held 19 hearings.
There are eight members of the commission picked by the North Carolina Supreme Court and North Carolina Court of Appeals. They are composed by Commission Chair and Superior Court Judge Jason Disbrow and his alternate Judge Beth Freshwater-Smith, alongside a team of prosecuting and defense attorneys, victim advocates, as well as public members, sheriffs and discretionary members.