(Memphis) A once suspected killer is now walking free after a judge says the officer who arrested him didn’t get the facts straight.
Last October, police charged Khiry Hill with first degree murder, saying he confessed to shooting and killing Gerald Cole when the cab driver picked him to give him a ride.
Gerald Cole’s widow is too afraid for News Channel 3 to identify her.
“If he could kill my husband, murder him in cold blood, who's to say he won’t do it to me, my children or someone else?” expressed Cole’s widow.
Detectives told her Hill murdered her husband last October and left his body on Cook, “He was shot multiple times to add insult to injury they shot him in the mouth."
The original affidavit says Hill confessed.
But now the courts are saying he didn’t confess to the murder, only to his involvement with some sort of crime that night.
Prosecutors won’t say what that is because this is still an active murder investigation, but they will say there is not enough evidence to keep Hill locked up.
The whole ordeal leaves Cole's family angry and betrayed.
“The system that’s supposed to protect me, that’s supposed to protect my family, they are victimizing me all over again,” said Cole’s wife.
The District Attorney’s office says, even though Hill was let go, he can still be charged with murder.
What upsets Cole even more is there was also a mistake on the arrest warrant.
Police wrote out Hill's name to be Khiry Cole.
The widow says she pointed that out months ago, but was told that didn’t matter.
She believes it’s clear, the justice system isn’t working, “I'm asking MPD, the DA, the judges at 201 Poplar to do your jobs. You are commissioned to serve an protect and I'm asking you do that."