Man wrongfully convicted of KCK murders to receive $1.55M, innocence certificate
Lamonte McIntyre, who served 23 years in prison for two murders he did not commit, will receive a certificate of innocence and $1.55 million as part of settlement of his wrongful conviction lawsuit, Kansas’ attorney general said Monday.
Attorney General Derek Schmidt announced the agreed resolution had been reached and approved in Shawnee County District Court.
McIntyre, who is now in his 40s, was arrested at age 17 in 1994. He was tried and convicted of murdering Doniel Quinn, 21, and Donald Ewing, 34, who were killed with a shotgun as they sat in a car.
McIntyre was freed in October 2017 after Wyandotte County District Attorney Mark Dupree Sr. stopped contesting the facts of his innocence during a hearing.
In addition to the certificate and the monetary award, McIntyre will also receive counseling, two years of state health care benefits and a waiver of tuition for post-secondary education. Records of his arrest, convictions and DNA profile were ordered expunged.
The payment is subject to review by the state finance council. Schmidt said he has asked the council to review the matter promptly.
McIntyre’s attorney, Cheryl Pilate, said the overdue recognition, along with the payment and benefits, will help “lighten a bit the heavy load he has carried.” But his fight is long from over, she said.
A lawsuit filed in federal court on behalf of McIntyre and his mother, Rose Lee McIntyre, is pending against the Unified Government of Wyandotte County and the officers who investigated the killings, including retired detective Roger Golubski.
The suit alleges police botched the investigation and “fabricated false evidence” implicating McIntyre. It also claims Golubski and others coerced two witnesses to falsely identity McIntyre as the shooter.
“The individuals involved twisted the justice system to serve their own ends, not the needs of the community or the goal of truth-finding,” Pilate said. “No justice was served by their actions, and a full accounting of their wrongful conduct must occur.”
The resolution Monday comes months after news emerged that McIntyre might have to wait months or even years to be compensated for his wrongful conviction. Schmidt’s office had asked a judge to rule against McIntyre’s effort to be paid under a 2018 Kansas law that provides compensation to those wrongfully convicted.
At the time, a spokesman for the office issued a statement saying the prior court record was insufficient for Schmidt to determine the requirements for payout had been met. Evaluating McIntyre’s mistaken-conviction claim required more work, the spokesman said.
“In this case, our office worked diligently to obtain and review all available evidence, including evidence identified but not provided in the earlier judicial proceedings,” Schmidt said Monday. “We were ultimately able to resolve all issues, satisfy all of the statute’s requirements and agree to this outcome so Mr. McIntyre can receive the benefits to which he is entitled by law because of his mistaken conviction.”
Soon after McIntyre’s release, Kansas passed a law to compensate people like McIntyre who were wrongly imprisoned. Then-Gov. Jeff Coyler signed the law at McIntyre’s church.
Earlier this month, just minutes after getting news that a resolution had been reached, McIntyre said it was a hurdle finally behind him. He said he could finally afford to get treatment for his PTSD.
“I feel like I’ve finally, finally, finally been vindicated,” McIntyre told Star columnist Melinda Henneberger. “Freedom — now I finally know what it’s really like because the state has acknowledged the wrong that it did.”
This story was originally published February 24, 2020 at 2:52 PM.
