Convict mistakenly allowed to walk away from prison

VIDEO - A Memphis prisoner that left the courthouse during a bathroom break at his own murder trial in February was free again because of the jail's mistake...

Luther Vandross was outed as gay after his death.

A Memphis prisoner that left the courthouse during a bathroom break at his own murder trial in February was free again because of the jail’s mistake.

Convicted murderer Dearick Stokes, 19, was back on the streets Monday as investigators wondered how it happened.

“We made a mistake,” said Shelby County Sheriff Mark Luttrell.

Stokes, who was sentenced to life in prison for the 2008 shooting death of Bryan Hatchett, was accidentally released from the Shelby County jail on Thursday.

Authorities called the mistake a system failure.

“I think there was a mistake made by the officers working in the release area,” Luttrell said, “as far as checking the hard copy or paper copies of Stokes’ record.”

Stokes took a bathroom break during his trial in February just before the jury’s verdict and slipped away unnoticed.

He was captured a month later hiding in a home off of Knight Arnold.

Stokes had been in jail awaiting transfer to a state prison.

On Thursday, state prosecutors dropped a previous domestic violence charge against Stokes since he already had a life sentence for murder.

“The domestic violence charge against him had been dropped on the 22nd,” said Luttrell, “and the computer didn’t show any other holds to keep him in jail.”

The Bureau of Professional Standards and Integrity is conducting an internal investigation to determine if standard operating procedures were followed, as well as to make sure there were no policy violations.

“I think it’s safe to say there may be some disciplinary action,” said Luttrell. “At this point, we don’t know what to expect.”

Shelby County Criminal Court judge James Lammey sentenced Stokes.

Lammey said he did not find out Stokes had been released until Monday morning when his deputy told him.

“This is very serious and it’s very bothersome to me,” Lammey said. “I just want to find out how it happened. When did they know he was released in error and why they didn’t come to me over the weekend.”

Stokes’ attorney Marvin Ballin said he could not believe it when he found out he had been released.

“How the hell did this happen,” Ballin said. “That was my first reaction.”

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