Elrico Fowler remains in prison based on flawed evidence
Update: In 2024, Elrico Fowler was one of 15 people whose sentences were commuted to life without parole by outgoing Gov. Roy Cooper.
At Elrico Fowler’s 1997 trial in Mecklenburg County, the state’s star witness, James Guzman, said he had no doubt that Fowler was the man he had seen two years earlier, standing in the lobby of a Howard Johnson’s motel, having just shot a man to death. Before leaving the stand, Guzman looked at Fowler and said, “I hope you fry, man.” Based largely on Guzman’s testimony, the jury convicted Fowler and condemned him to death for the murder of Bobby Richmond.
But the jury never heard the true story of Guzman’s shifting identification. Guzman was the owner of a restaurant just off the hotel lobby, connected by a glass door. When he heard gunshots, Guzman lifted up a piece of paper covering the glass and peeked through the door, seeing the gunman for five seconds from across a smoky hotel lobby. Nobody, except Guzman, ever identified Fowler. Even a second shooting victim, who survived, didn’t identify Fowler. But Guzman had known Richmond and wanted to help identify his killer.
About a week after the crime, investigators showed Guzman a line-up of suspect photos, which included Fowler. Guzman said none of the men in the photos looked familiar. Two days later, law enforcement circulated photos of Fowler and another man, Cullen Marshall, saying they were wanted in connection with the shooting. A day after those photos appeared in newspapers and on TV, Guzman returned to the police station, where investigators showed him two line-ups containing photos of Marshall. Guzman identified Marshall as the shooter.
Another week passed, and police showed Guzman another photo line-up, this time including a photo of Fowler. At that line-up, Guzman said Fowler “most closely resembled” the shooter but that he couldn’t be sure. After Guzman chose Fowler, police confirmed that he picked the right man, saying Fowler had boasted of committing the crime. This improper police confirmation was not disclosed to Fowler’s trial attorneys. After that identification, authorities dropped Marshall as a suspect and only Fowler was prosecuted.
Between his first identification of Fowler and the trial, Guzman went from describing the shooter as having a long nose and face to saying the man had a “boxer nose,” facial hair, and a knit cap — a description that more closely matched Fowler. And Guzman’s wavering identification changed to absolute certainty that Fowler was the man who committed the crime.