StarBulletin.com

Crash victim endured wrongful conviction


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POSTED: Wednesday, October 08, 2008

A California-born multimillionaire who was wrongfully convicted of murder more than two decades ago died yesterday after crashing his mo-ped in Kaimuki.

DeWayne McKinney, charged with the 1980 execution of a Burger King manager in Orange, Calif., was convicted of first-degree murder and robbery and was sentenced to life without parole. But 19 years later he was released after fellow inmates who knew the real killer gave statements on McKinney's behalf.

After winning a wrongful conviction lawsuit, he invested his money into the cash machine industry, earning him riches.

“;I've just been lucky,”; he said in a July 2005 Los Angeles Times article. “;I rely on my intuition a lot. I don't have a (college) degree. The way I look at it, God is still watching out for his boy. What else could it be?”;

Shortly before 12:38 a.m. yesterday, McKinney was headed eastbound on Waialae Avenue near the 14th Avenue intersection.

His mo-ped drifted off the roadway, hit a bus stop sign and a wooden light pole. Police said he was not wearing a helmet and have ruled out alcohol as a factor. Speed, however, may have contributed to the crash.

McKinney, 47, was taken in critical condition to the Queen's Medical Center, where he died.

“;I'm just stunned,”; said Carl Holmes, the retired Orange County public defender whose office spearheaded McKinney's release in 2000. “;He has had so much to endure through his very young life, coming up in bad circumstances, and finally coming out not just on the other side, but becoming a better person for it.”;

McKinney struggled in his early life growing up in Los Angeles. His mother died at a young age, and he spent some years in gangs.

On Dec. 11, 1980, a robber entered a Burger King in Orange, leapt over the counter and told the 19-year-old manager to open the safe. After the manager did so, the gunman shot him in the head, execution style.

When shown a photo of McKinney, four witnesses stated he was the robber, but only after coercion from police investigators, said Orange County Assistant Public Defender Denise Gragg. Gragg was the attorney who built the case for McKinney's freedom.

Police investigators at the time told the witnesses about McKinney's past criminal history and involvement with gangs, and that they had sufficient evidence against him, Gragg said.

“;All lies,”; Gragg said. “;But none of the witnesses disclosed this to the defense at the time, so there was no way to find that out.”;

McKinney was sentenced to life in prison without parole. Prosecutor Tony Rackauckas pushed for the death penalty, but the jury was hung on that decision.

In the late '90s, fellow inmates told McKinney that they knew who the real killer was, and gave statements identifying that man. When the original trial witnesses were approached with a photo of the real killer, the witnesses said they had picked the wrong man.

Other witnesses at the time also said a car seen during the robbery matched the new suspect's car.

The evidence was brought to Rackauckas, who is now the Orange County district attorney. Rackauckas' own investigation concluded that McKinney was innocent of the murder.

The new suspect in the 1980 case has been in and out of prison for other offenses, but has not been prosecuted for the murder.

McKinney was released in 2000 with nothing but the clothes on his back. He worked for the audio/visual program of the University of California Irvine campus. He became a speaker for youth groups, crime victims, police departments and prosecutors.

He eventually won a $1.7 million wrongful conviction lawsuit against the Orange Police Department. He then began investing in automated-teller machines, profiting off convenience fees. He moved with his then-wife, Jeanine, to Hawaii, where he established more ATMs. His business is called Island ATMs and he owned 48 machines statewide.

His attorney, Los Angeles-based Jeff Rawitz, said moving to Hawaii was a lifelong dream of his. McKinney kept a picture of Hawaii on his cell wall.

While he served his time, McKinney was assaulted, stabbed and threatened. Gragg said despite the abuse, McKinney bore no grudges, not even against the man who had him convicted, Rackauckas.

Rackauckas extended his condolences yesterday to McKinney's loved ones and expressed sorrow at his death.

“;I'm sorry to hear that Mr. McKinney has passed away,”; he said. “;This is an unfortunate accident and circumstance after surviving everything he has been through.”;

Rawitz said he wants the people of Hawaii to know how much McKinney adored the islands. He hoped to move to the Big Island to be closer to nature.

“;He did not break, he grew,”; Rawitz said. “;I think the number of people that DeWayne touched is something we'll never fully understand.”;

Gragg said it was hard for her to describe her admiration for McKinney, especially in light of his sudden death.

“;He could've spent that time in prison getting angry and learning how to live by the law of prison,”; Gragg said. “;Even when he had no hope of getting out, he resolved not to be that. He was one of the best people I've ever met.”;