DETROIT – Davontae Sanford left the Ionia prison as a free man just 12 days ago.
He had been in prison since 2008 when he was sentenced after pleading guilty to killing four people. He was 15 at the time of his sentencing. But now he's 23 years old and free after a judge ordered him released due to the results of a Michigan State Police (MSP) investigation into Sanford's case.
There are questions whether he should have left imprisonment much earlier considering prosecutors were aware of a state police report last fall. The focal points: Former Flint police chief and deputy Detroit police chief James Tolbert and a sketch he said Sanford drew for him at the murder scene.
More: Warrant under review for ex-deputy Detroit police chief Tolbert in Davontae Sanford case
Local 4 obtained a copy of the MSP report this past weekend. The 114-page document includes the following:
(Tolbert) voluntarily asked for a piece of paper to draw a sketch. Once Tolbert completed his sketch we showed him a picture of the 'original sketch' which has been alleged to have been drawn by Sanford. These two sketches closely resembled one another. ... Tolbert then acknowledged to have drawn this original sketch and Sanford had only marked the location of the bodies within his sketch ... he grabbed the sketch he had drawn for us and crumpled the paper up and attempted to leave with it."
Investigators took the paper from Tolbert, which was the turning point. But why didn't Wayne County Prosecutor Kym Worthy tell defense attorneys about this back then? Experts believe she should have.
Worthy's office released the following statement on Monday:
Prosecutor Worthy asked MSP to conduct an independent investigation into the Sanford case. Their investigation was not completed until May 20, 2016. The report was reviewed promptly thereafter, and the Wayne County Prosecutor's Office contacted Sanford's attorneys and agreed that the case should be dismissed. We were waiting for MSP to complete its investigation to make an informed decision."
The MSP report also says MSP briefed Worthy's office on Oct. 6, 2015. Some believe Worthy ethically was obligated to tell the defense immediately.
Local 4 reached out to Sanford's mother and the family's attorneys. They all refused to comment on the case.
Meanwhile, Tolbert could face criminal charges. A warrant was submitted by state police in May. Worthy said it's still under review.