No Justice in Akron, Ohio

 

Presumed Innocent – Acquitted – Wrongfully Imprisoned

 

Introduction

 

In 2016, Davon Irvine’s life changed forever. He was accused of committing several serious crimes in Akron, Ohio — including aggravated robbery, aggravated burglary, and kidnapping. These charges carried the potential for decades in prison.

Despite being presumed innocent, Davon was forced to fight for his freedom and his name.

 

The Charges

 

The Summit County Prosecutor’s Office indicted Davon Irvine for:

    •    Count One: Aggravated Robbery

    •    Count Two: Aggravated Burglary

    •    

    •    Count Four: Aggravated robbery 

         COUNT FIVE: kidnapping 

           COUNT SIX: Kidnapping 

 

Davon stood before the court and pleaded NOT GUILTY to all charges in State v. Irvine, Case No. CR2016-11-3764, presided over by Judge Christine Croce. 

 

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The Trial

 

Davon elected to go to trial, determined to prove his innocence.

 

At trial, the prosecution presented its key evidence — DNA evidence recovered from the crime scene. This DNA evidence was the State’s main proof against the alleged principal offender.

 

But when the results came back, the truth became clear:

 

The DNA did not match Davon Irvine.

 

This should have ended the case. The most reliable evidence available proved that Davon was not the person who committed the crime.

 

A Sudden Shift

 

Rather than drop the case, the prosecution changed strategy. Realizing the evidence pointed to someone else, the State asked the judge to allow the jury to convict Davon only as an accomplice (GUILTY OR NOT GUILTY OF COMPLICITY) — alleging that he helped the unknown person whose DNA was found at the scene.

This was a major shift. Instead of proving Davon committed the crimes, the State now sought to convict him simply for allegedly being connected to the real offender.

 

The Verdict That Never Came

 

The trial court instructed the jury on complicity — but did not provide the jury with verdict forms that would have allowed them to find Davon guilty or not guilty of complicity.

 

As a result, the jury was discharged without returning any verdict at all. Under Criminal Rule 29(C), when a jury fails to return a verdict, the court may enter a judgment of acquittal.

 

That is exactly what happened:

 

Davon Irvine was acquitted of complicity.

 

The Injustice

 

Even though Davon was acquitted by operation of law, he was still wrongfully sentenced and imprisoned as if he had been convicted. The court and prosecutors acknowledged that Davon was not the principal offender — the DNA matched someone else — yet he was punished anyway.

 

Davon was imprisoned for crimes that the evidence proved he did not commit.

 

Why This Matters

 

This case highlights a deep failure of the justice system.

Davon was:

    •    Accused without solid evidence,

    •    Put on trial despite exculpatory DNA results,

    •    Acquitted under the law,

    •    Yet still imprisoned for crimes someone else committed.

 

This is not justice. This is exactly what due process and the presumption of innocence are supposed to prevent.

 

A Call for Justice

 

Davon Irvine’s story is not just about one man — it is about every person who could be wrongfully accused, tried, and punished despite evidence proving their innocence.

 

Justice should mean more than just winning convictions.

Justice should mean protecting the innocent.

 

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Closing

 

Davon Irvine and his family thank you for taking the time to read his story and for caring about this injustice.

 

Where justice ends, tyranny begins.