A 20-year-old man who spent roughly five months in the Lucas County Jail after being accused of firing into a crowd at a neighborhood festival has been released after prosecutors dropped all charges against him, citing new evidence that supported his claim he was never at the scene.
Eljay Crisp-Carr faced more than 50 felony counts — including 25 counts of attempted murder and 26 counts of felonious assault, plus gang-related charges — in connection with the June 6 shooting at the Old West End Festival (known locally as Owe Fest). The gunfire, which police said involved at least two shooters, wounded 12 people ranging in age from 14 to 61. Investigators have said three of the victims were believed to have gang ties while nine were bystanders.
On Friday, Lucas County prosecutors asked Common Pleas Judge Lori Olender to dismiss the case without prejudice. She granted the request. The dismissal means charges could theoretically be refiled, though Crisp-Carr’s attorney, Alex Bodiford, objected to that condition. Bodiford has argued his client was misidentified and was blocks away on the other side of Interstate 75 on Glenwood Avenue at the time of the shooting, dealing with a vehicle that had run out of gas. Defense filings cited cell phone records, video, and doorbell-camera footage showing Crisp-Carr in different clothing roughly 20 minutes after the shooting asking a homeowner for help with a gas can.
In September, the prosecutor’s office notified the defense of discovery that “may support his defense.” Lucas County Prosecutor Julia Bates said in a statement that the office remains committed to following the evidence “and getting it right, just as we are in every case.” Toledo police Sgt. Mohamad Nasser issued a similar statement, noting the investigation into the shooting remains active and the focus is on accountability for those responsible. Neither statement included an apology to Crisp-Carr or his family.
Speaking to local reporters after his release, Crisp-Carr said he was never at the festival. “They told me I was a monster. They just incriminated me,” he said, adding that he believes authorities misidentified him from photos of a masked shooter with dreadlocks. He described the experience as an eye-opener: “Your life can be gone so fast.”
His mother, April Carr, who has said she is living with stage 4 cancer after previously beating the disease twice, criticized people who had already convicted her son online. She told reporters the family has “a whole bunch of lawsuits coming.” No lawsuit has been filed as of this writing. Possible claims in similar cases have included false imprisonment, malicious prosecution, and civil rights violations under federal law, though success would depend on evidence of how the identification was made and whether officials acted with the required level of fault.
A second adult defendant, Ka’Nye Taylor, remains charged in the case and is due back in court in November. A juvenile is also charged in connection with the shooting. Police and prosecutors have said the investigation continues.
Crisp-Carr was arrested June 11. He walked out of jail Friday after five months behind bars on accusations that defense attorneys say cell phone and video evidence contradict.
