The description of the alleged suspect \u201cis almost exactly the opposite of Mr. Clark,\u201d said Jason Eley, a defense attorney who represented Clark in the case.<\/p>\n
Law enforcement said in arrest documents that the witness described the suspect as a man with a short beard, but Clark\u2019s booking photo shows he was clean-shaven the night of his arrest.<\/p>\n
Clark wrote a three-paragraph notice of alibi to the court June 13 that says he \u201cwas at 3030 Main Avenue, Durango, Colorado at the time of the alleged offense.\u201d<\/p>\n
\u201cThroughout the case, we told DA (the district attorney) that the evidence says that this is not the guy,\u201d Eley said of Clark. \u201cThroughout the case they (district attorneys) said \u2018we believe we can prove this.\u2019\u201d<\/p>\n
But by the end of August, four days before a scheduled jury trial, prosecutors asked the court to dismiss the case. District Court Judge William Herringer signed an order to the effect the same day. Clark was released from jail Aug. 30, almost six months after his arrest.<\/p>\n
District Attorney Christian Champagne did not immediately respond to a call for comment. Durango police Chief Bob Brammer said the agency is doing an internal inquiry.<\/p>\n
No new evidence was submitted that could have caused prosecutors to dismiss the case, Eley said.<\/p>\n
The reporting officer wrote in an arrest affidavit that Durango police Officer C. Murch told him on March 3 that a man wearing all black \u201cpersisted to demand money (from) and followed\u201d the alleged victim somewhere around the 2500 block of Main Avenue.<\/p>\n
\u201cThe male in all black then produced a large knife and swung it at the driver\u2019s side window,\u201d the reporting officer wrote.<\/p>\n
Law enforcement \u201cset up a perimeter to look for the assailant\u201d around 10:30 p.m. on March 3 in search of \u201ca white male, approximately thirty or forty years old wearing all black and with a short beard,\u201d according to arrest documents.<\/p>\n
Almost two hours later at 12:20 a.m., officer Murch contacted Clark in the 2200 block of Main Avenue, arrest documents show.<\/p>\n
Clark was dressed in black and provided a knife to law enforcement, according to court records.<\/p>\n
\u201cBased on the time frame, proximity and matching description of the Attempted Robbery suspect, Officer Murch took photographs of Christopher Joe Clark and the knife that Clark had in his pocket,\u201d according to arrest documents.<\/p>\n
But Eley said body camera footage from the night does not show Murch with the victim confirming Clark as the suspect. The recording stops before Murch speaks with the victim and starts again once he gets back to a patrol vehicle, Eley said.<\/p>\n
\u201cIt\u2019s just kind of scary that this could happen to pretty much anybody,\u201d he said. \u201c(Law enforcement can say) \u2018we don\u2019t have evidence to say this was you, but we\u2019re going to say this was you.\u2019\u201d<\/p>\n