BUFFALO, N.Y. - Valentino Dixon is more determined now than ever before to be released from prison for a crime he says he did not do. Dixon is serving 39-years-to-life for the murder of 17-year-old Torriano Jackson, and the attempted murder of two others.
The crime happened August 10, 1991 on Bailey and East Delavan Avenue in Buffalo. It was a popular hangout spot for teens and young adults at the old Louie's Hot Dogs restaurant. So what happened?
Aaron Jackson said "it was a street fight that turned into a homicide. Machine gun was used. My younger brother was 15-20 times and I was shot myself."
Jackson testified that he did not know Dixon. Dixon agreed he did not know the Jackson brothers. "I didn't know Torriano, didn't know Aaron never spoke to them, never seen them before, no contact, no anything."
Watch part of of Valentino Dixon's interview with Channel 2's Claudine Ewing below:
What can not be forgotten is the victim Torriano Jackson. His older brother said "he never had a chance to maximize his gift, he never had a chance to be the light that I know that he was, he never had a chance to be a father."
Dixon has submitted paperwork: a 440 motion asking Erie County District Attorney John Flynn to exonerate him. "I'm doing this because I'm innocent and the evidence clearly shows I'm innocent."
The reason for his motion? Another man, Lamarr Scott, confessed to being the killer. He confessed on camera to Channel 2 News Anchor Wanda Starke hours after the homicide in 1991.
Scott told her "I don't want my friend (Valentino) to take the rap for something that I did. The guy that is dead, the guy that I shot, him and his friends were threatening us all day long. I rolled home on my bike on Montana Street and came back with an Uzi that I obtained on the street." He described what happened right before the shooting started, "A yellow Dodge Shadow with tinted windows, they jumped out the car and started shooting, so me, I was scared I didn't know if [Torriano Jackson] was going to kill anybody or not, so I opened fire back on him. The reason he died is because I didn't have any control of the automatic weapon at all."
Scott has confessed on camera and in letters to police and the District Attorney's office. The current DA wants to know the motivation for his confession. Scott is currently serving time in prison for an attempted murder that left a man a quadriplegic.
Aaron Jackson doesn't believe Scott, saying he is "200% sure" it was Valentino Dixon who shot him, and killed his brother.
As for Scott's admission, he refers to him recanting his statement. "He said he did it initially, then he stated that he didn't do it and now when he has nothing to lose and he's incarcerated for something he did do, he did it again...makes no sense," said Jackson.
In his 2006 letter, Scott explained why he changed his story. "After constant threats by members of the Buffalo Police Department and the D.A. on the case Chris Belling, I was forced to recant my confession at the grand jury proceeding." He indicated he wanted to testify in the Dixon case, but was never called.
Jackson said Dixon "might be model prisoner, but he was a reckless citizen." He's hopeful that with everything that happened in the past with prior judges, the outcome will remain the same and "the verdict will be upheld."
Watch part of Aaron Jackson's interview below:
The motion to have the verdict overturned submitted by Dixon drew a strong comment from Jackson. : "It's a deceptive enterprise that's being put together; All of these lies, all of these misleading things pointing over here, looking over there, it's like he's painting another picture."
"Aaron is lying," said Dixon about Jackson, "you didn't know me, I didn't have a problem with you, and you picked the wrong person."
Several witnesses came forward to support Dixon's claim that he was not the shooter, but none were called to testify.
The lead detective on the case, Buffalo Police Detective Mark Stambach, did not testify - and there are no reports to show that any gun residue from the shootout was found on Dixon's clothes or in his vehicles.
"I've done some things I shouldn't have done, but I've never done anything close to murder or robbery or vandalizing anybody," said Dixon while being interviewed inside Wende Correctional by Channel 2's Claudine Ewing.
Erie County DA Flynn told Ewing that one of the witnesses has signed a new affidavit with new information. Other witnesses have come forward with information about case. "I'm going to focus only on the motion that is in front of me and the new evidence they have provided," said Flynn. He hopes to make a decision in mid-August.
Flynn will review any new evidence, but not re-litigate the case that was already tried which resulted in a guilty verdict by a jury.
The DA has three options:
- Agree with Dixon's motion and not oppose it
- Oppose Dixon's motion and consent to a hearing
- Oppose Dixon's motion and say no to a hearing
"I'm never going to make a determination that Mr. Dixon did not do this..if I believe the 440 motion and I think it has merit and I don't oppose it, my official statement is: I'm not saying he didn't do it, just that the evidence against him is not beyond a reasonable doubt," said Flynn.
Dixon went to prison at the age of 21. He is now 48. His daughter was four months old when he was incarcerated. He is also a grandfather. When asked to send a message to his daughter he said, "my daughter, I love her and she means the world to me, and I look forward to having as many memories as possible if and when I'm released."
During his imprisonment his mother has battled cancer and Dixon, her only child, wants to go home and in his words "make her proud." The walls in her home are decorated with Dixon's artwork. He spends up to nine hours a day drawing. Some of his artwork of golf courses caught the attention of Golf Digest.
Dixon is not eligible for parole until 2030.