April 20, 2015

U.S. Attorney’s Office Dismisses Case against Gathers and Mitchell

3 min

Pair had been in prison more than 20 years

Washington, DC - April 20, 2015 - The U.S. Attorney's Office for the District of Columbia informed D.C. Superior Court Judge Michael Ryan today that it was dropping all charges against Gary Gathers and Keith Mitchell, whose convictions for first degree murder while armed were reversed by the D.C. Court of Appeals in October 2014. Judge Ryan immediately entered an order dismissing the case. Mr. Gathers and Mr. Mitchell had served more than 21 years in prison after they were convicted of killing Wayne Ballard at the corner of 2nd and Massachusetts Ave., NW in 1993. Mr. Gathers was 17 at the time of his arrest. Mr. Mitchell was 19.

The appeals court found in October that, in attempting to prove its motive theory, the government violated Mr. Gathers' and Mr. Mitchell's constitutional rights by introducing and exploiting false testimony from a Metropolitan Police Department detective. In the course of establishing the government's constitutional violations, Mr. Gathers and Mr. Mitchell introduced substantial evidence of their own innocence, including a corroborated recantation of the testimony of the government’s lone eyewitness and testimony and documents showing that other men—not Mr. Gathers or Mr. Mitchell—had the motive and intent to kill Ballard. In its opinion, the Court of Appeals noted that the government may have further violated Mr. Gathers’ and Mr. Mitchell’s constitutional rights by withholding evidence showing that the other men had threatened to kill Ballard.

Mr. Gathers is represented by Seth A. Rosenthal of Venable and Matthew Beville of WilmerHale. Mr. Mitchell is currently represented by Andrew Wise of Miller & Chevalier. Wise took over when Amit Mehta of Zuckerman Spaeder was confirmed to the federal bench. The attorneys teamed with the Mid-Atlantic Innocence Project on the case. 


Venable is an American Lawyer Global 100 law firm serving clients globally. Headquartered in Washington, DC, with offices in California, Delaware, Maryland, New York and Virginia, Venable LLP lawyers and legislative advisors serve the needs of our domestic and global clients in all areas of corporate and business law, complex litigation, intellectual property, regulatory, and government affairs around the globe.

Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale) provides legal representation across a comprehensive range of practice areas that are critical to the success of its clients. The law firm's leading Intellectual Property, Litigation/Controversy, Regulatory and Government Affairs, Securities, and Transactional Departments participate in some of the highest-profile legal and policy matters. With a staunch commitment to public service, the firm is renowned as a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 14 offices in the United States, Europe and Asia

Miller & Chevalier is a Washington, D.C. law firm with a global perspective and leading practices in Tax, Employee Benefits (including ERISA), International Law and Business, White Collar and Internal Investigations, Complex Litigation, and Government Affairs.

The Mid-Atlantic Innocence Project (MAIP) is a non-profit organization dedicated to correcting and preventing the convictions of innocent people in the District of Columbia, Maryland, and Virginia.