Cyrus Gray hasn’t been convicted of a crime, but he spent years in jail.
Cyrus Gray, who spent four years in the San Marcos jail awaiting trial, stands in front of the Hays County Government Center
Then, in the same measured fashion with which he'd ascended to the podium, Gray told the audience what he knew. He said Garcia had arranged for him to be beaten by fellow jail inmates during his incarceration. He said he'd witnessed Garcia rush into an adjoining cell to beat a young autistic Black man who'd been attacked by a white inmate. He said he wasn't surprised when he'd heard it was Garcia who had killed Wright.
A San Marcos police detective testified at Gray’s trial that after two years of investigation, her team had no evidence that he had ever been inside the apartment where Justin Gage was killed. Gray saw his attorney for the first time five months later. He said that, in four interactions over a year and a half, the attorney never discussed the evidence in his case. Instead, he pressured Gray to admit his guilt."The whole time he was trying to convince me to take a 45-year sentence, pretty much," Gray said."He told me, 'Look at me. You're still young. I'm like 46, 47, I'm still out here having fun, [having sex with] girls.
Like Gray, Amerson rarely heard from his first attorney. Both men began reading law books, learning their rights and how to file their own motions in court. Both got new attorneys. Gray wrote to the Innocence Project, the Texas Commission on Jail Standards, the NAACP, and the Hays County judges, trying to find someone who would take an interest in his case and in the conditions at the jail. But he noticed problems with his mail – letters that arrived months after their postmarked dates.
San Marcos Police Department Detective Sandra Spriegel testified at Cyrus Gray's murder trial that after two years of investigation she and her team had no evidence that Gray and Amerson had ever been inside the apartment where Justin Gage was killed."We have no idea how they ended up at Tony Marlowe's apartment," the detective told the court."We have no idea what the connection is.
Marlowe challenged the men; one punched him and he fought back. The man with the gun shot three times, hitting Gage twice. The masked men ran. Marlowe and Gage chased them. Gage collapsed in the parking lot. A friend of Gage who had been waiting in a car outside called 911. Paramedics arrived and took Gage to the emergency room. He died around midday.
Gray has never disputed that he and Amerson were in San Marcos on the night of Gage's murder. He visited the city often to see friends he'd made while attending Texas State University in 2014, when he was hoping to join the Bobcats football team. He told theGray's attorney, Paul Parash, cross-examined SMPD's phone expert at the trial.
At the end of the trial, the state's case against Gray consisted almost exclusively of the phone evidence and the testimony of one witness who had, as Parash says,"told different stories." Shawn Jackson, held in the jail from 2019 to 2020, was one of those who learned from Gray."Cyrus is a big part of why I changed my life and also became a Christian," Jackson said."He just has a really good attitude about him. When you're in there, you can't talk about things because everything is recorded. But one thing Cyrus always did was maintain his innocence. So when I got out, I started doing a little bit of research myself, helping him out with his case.
After the trial, Kamp worked to get Gray out of jail on bond – neither he nor Amerson had ever received a bond hearing in their years behind bars. Initially, Gray's bond was set at $250,000 and Amerson's at $500,000. In November, a blue-wave election in Hays County swept out the prosecutors who had tried to convict Gray. The next day, the judge who had presided over the trial set Gray's bond at $70,000. He was released on November 10, after four years and eight months behind bars.
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