BOWLING GREEN, Ohio -- Charges against a man jailed for a murder he did not commit were officially dropped Monday. His attorney announced he would file a $10 million suit against the state.
Common Pleas Court Judge Gale Williamson over two years ago sentenced Floyd F. 'Buzz' Fay, 28, to a 15-year-to-life prison term for the slaying of Frederick Ery, 26.
But public defender Adrian Cimerman proved that Fay was innocent and he was released from prison Oct. 30.
Fay was in court Monday to hear the charges against him officially dismissed and his attorney Harry H. Lipsig, New York city, announced they would file a $10 million suit against Ohio.
Some of the strongest evidence against Fay were the dying words by Ery who said 'Buzz did it.' Fay took two lie-detector tests in an attempt to prove his innocence but failed them both.
Williamson, following the hearing, came up to Fay and said 'welcome back' to which Fay replied, 'What can you say?'
John Cheetwood, Wood County prosecutor who directed the case against Fay,, also apologized and Fay responded, 'That's okay.'
When asked by a reporter how he felt, Fay said, 'I feel like I don't have to fear being arrested again.'
Ery was shot to death March 27, 1978 at his carry-out store and Fay was arrested the next day.
He was first sent to the Southern Ohio Correctional Facility at Lucasville and then transferred to the medium-security London Correctional Institution.
Cimerman, however, continued to investigate the case and found a soldier stationed in Germany who said he had been the driver of the getaway car in the attempted robbery at Ery's carryout.
The soldier, who was not identified, identified two other men as the ones who committed the slaying.
The foreman of the jury that convicted Fay was also at the hearing Monday and spoke to a reporter although he asked not to be identified.
'I had to come,' he said. 'I couldn't pretend this didn't happen. I'm just pleased that the truth did come out, regretting that it took this long.'
