A man who spent nearly three years behind bars while charged in a Miami-Dade double murder is a free man.
"I still got emotions, I broke down in tears," said David Foster, about the moment last week that he found out he'd be released. "I was incarcerated for quite some time. It'll take me time to understand I'm free, 'cause I was in there a while, but I'm doing ok."
Foster, 35, was arrested in July 2012 in the May 2012 shooting outside the Shack night club on Dixie Highway. Two men were indicted for murder: Periquo Taylor, who fled to the Bahamas, and Foster.
"I was trying to be a peacemaker and I was in the wrong place at the wrong time. I also tried to prevent those actions from taking place," Foster said.
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The family of one of the victims told police Foster had a handgun that night, and that claim led to his arrest. It took two years and an expert witness to prove a handgun was not used in the killings for prosecutors to drop the charges.
"I think once the state attorney's office took that into consideration, plus other info we provided, they reconsidered the strength of their case and did the right thing," attorney Jonathan Jordan said.
"This case never should've been filed in the first place," attorney Andrew Rier said.
Foster's last three years in custody have been a big mistake, one Foster is trying to forgive. He missed out on watching his young daughter grow from one year old to four, and helping his mother fight colon cancer.
"Before I got incarcerated, I was paying my bills, had a nice apartment, I had a car and I got locked up and everything vanished," Foster said. "Now I'm out, free, and I don't have anything, now I have to start from scratch all over again."
Foster was released on March 19. His murder trial was set to begin Monday, where he faced two life sentences.
Now authorities are trying to catch up with Taylor, the man they say committed the double murder using an AK-47.