ATLANTA — An Atlanta man who spent nearly 21 years in prison for a murder he said he did not commit has been exonerated following new DNA evidence and a joint motion filed by prosecutors and the defense.
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According to the Georgia Innocence Project, Marquez Powell was fully exonerated on June 18, after a Fulton County judge granted a joint extraordinary motion for new trial filed by the Georgia Innocence Project and the Fulton County District Attorney’s Office Conviction Integrity Unit. Prosecutors then moved to dismiss all charges against Powell.
Powell was originally convicted in 2008 in connection with the 2005 killing of his best friend, Shah Walton, in Atlanta and was sentenced to life in prison plus five years.
Case materials provided by the Georgia Innocence Project state that Powell and Walton had known each other since middle school. On April 18, 2005, Walton picked up Powell and another man identified as JS to spend the evening together. Powell later told investigators that as he exited and re-entered the vehicle, JS pulled out a gun and shot Walton. Powell fled the scene out of fear and later gave multiple statements to police.
Although investigators initially determined Powell, who was 20 at the time, was a witness to the shooting, he was later charged under a party-to-the-crime theory alleging he participated in a plan to rob Walton. According to the Georgia Innocence Project, the prosecution’s case relied heavily on Powell’s presence in the vehicle, his varying statements, and circumstantial testimony, with no physical evidence linking him to any robbery plan or the shooting.
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JS, the man accused of firing the fatal shot, was later arrested and separately convicted of Walton’s killing.
Years after his conviction, Powell continued pursuing post-conviction relief and eventually contacted the Fulton County District Attorney’s Office Conviction Integrity Unit. According to the Georgia Innocence Project, newly obtained DNA testing completed in 2025 provided additional support that Powell did not participate in any plan to harm or rob Walton.
The Conviction Integrity Unit later worked with the Georgia Innocence Project to review the case and jointly move to vacate the conviction, ultimately leading to Powell’s exoneration.
“For years, Mr. Powell fought to be heard and never stopped advocating for his innocence,” Georgia Innocence Project Executive Director Kristin Nelson Verrill said in a statement. “This case reflects the importance of conviction integrity review and a willingness to follow the evidence wherever it leads.”
With all charges now dismissed, the Georgia Innocence Project said Powell is beginning the process of rebuilding his life after nearly 21 years of wrongful incarceration. As part of that effort, the organization has launched a GoFundMe on his behalf, saying the money will go directly to Powell to help cover basic needs, health care and other expenses as he transitions back into the community.
To donate, click here.
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