Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Brooklyn Man Still In Jail 5 Years After Charges Dismissed
By
Christopher Robbins
Published May 24, 2011
Modified May 24, 2011
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
By
Christopher Robbins
Published May 24, 2011
Modified May 24, 2011
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
A Brooklyn man whose assault charges were dismissed remains in prison after already serving five years. ABC7 reports that Oswind David was sentenced to 23 years in Sing Sing because a jury was not aware that a judge has tossed out David's indictments due to a prosecutorial error. "They have a Judge, a DA, a defense counsel, and everybody miss this?" David asks.
He first learned of the mistake after the DA's office acknowledged it in their response to a recent motion of David's, but they argued that David should remain in jail because a first degree assault charge "automatically includes a second degree charge," and those "charges" weren't dismissed. Makes perfect sense! Every lawyer who took a "Double Secret Ghost Law" seminar knows this. David's original attorney resigned and he's now represented pro bono by Rita Dave, who says "this was just a complete utter mess-up, on every level."
David claims that he was trying to break up the incident that caused his arrest, a fight involving box cutters in Bed-Stuy, saying "I didn't set up to injure anyone." Dave is scheduled to go before a judge tomorrow to ask for her client's immediate release, and one would think that David's ordeal should net him a decent retirement fund from the state.
Probably not! Our good friends over at the Supreme Court struck down a $14 million award to a Louisiana man (that was granted by a Louisiana jury) who spent 18 years in prison, 14 on death row, after New Orleans prosecutors illegally withheld evidence that would have exonerated him. Compared to that case, it looks like the Brooklyn DA's office was just doing David a favor by keeping him in. We hope the library in Sing Sing is stocked up on Kafka!
Tagged
bed stuy
Bedford-Stuyvesant
brooklyn
Miscarraiges of Justice
prison
sing sing
Wrongly Convicted
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Residents, lawmakers warned for months of potential for deadly ICE activity in Marble Hill
A Target store parking lot has become a focal point for activists over ICE’s presence in the neighborhood.
By
David Brand
Published Oct 9, 2026 at 4:36 p.m. ET
Modified Oct 9, 2026 at 5:03 p.m. ET
Manhattan DA argues judge shouldn't dismiss state charges against Luigi Mangione
He pleaded guilty to separate charges in federal court this summer.
By
Samantha Max
News
Manhattan DA argues judge shouldn't dismiss state charges against Luigi Mangione
He pleaded guilty to separate charges in federal court this summer.
By
Samantha Max
Feds blame NYC's sanctuary policies for violent ICE arrest in Marble Hill
By
Arya Sundaram
Attorneys argue man shot by ICE in Marble Hill should be released
By
Ben Feuerherd
,
Ryan Kost
,
Samantha Max
and
Arya Sundaram
Pencils down: NYC lawmakers want to switch back to paper tests as state mandates screens
By
Jessica Gould
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .