URBANA — Andre Davis, who served more than 30 years in prison for a 1980 Rantoul murder before his conviction was overturned, was scheduled to be released Friday from prison.
The Champaign County state's attorney's office this morning filed a motion to dismiss the murder charges against Davis.
"It's over," said Circuit Judge Jeffrey Ford, who said his office was planning to contact the super-maximum facility prison in Tamms to arrange Davis' release.
The appellate court overturned Davis' conviction based on newly discovered evidence that showed DNA evidence recovered from the crime belonged to another man, not Davis.
Davis was convicted of the rape and murder of 3-year-old Brianna Stickle, who was snatched from the front yard of a residence at 1110 Eastlawn Drive in Rantoul. The child's body was discovered several hours later in a bedroom in the house at 1112 Eastlawn Drive.
The house was occupied by the Tucker brothers — Maurice and Lutellis Tucker. Davis was visiting the Tucker brothers that day, and he was implicated in the crime after a third man, Donald Douroux, a friend of the Tucker brothers, told authorities that Davis had told him he had killed a "white woman" at the residence.
The DNA, which was found on top of and mixed in with the child's blood, however, matched a DNA sample from Maurice Tucker.