A man brought to face cold-case justice by the determined daughter of an Inwood restaurateur shot to death in 1986 was released on Thursday with all charges dropped.
Justo Santos, a 44-year-old Miami janitor, walked free after Manhattan Supreme Court Justice Robert Stolz ruled that prosecutors here failed to build a case against the former fugitive in a timely manner.
“I reached a conclusion that the law compelled me to dismiss the indictment,” Stolz said.
Santos was arrested last year after victim Jose Martinez’s daughter, Joselyn hunted down the defendant through online records.
Back in 1986, Santos was quickly named a suspect by cops but he fled for the Dominican Republic before he could be arrested.
Joselyn Martinez said she was braced for Thursday’s stunning ruling.
Joselyn MartinezPhoto: Steven Hirsch
“A murderer was just let out today after 26 years of waiting for justice and all the hard work and what we’ve gone through a murderer was just let go today,” she said. “I’m not surprised I prepared myself for the worst.”
She added: “This diminishes the pain that we’ve gone through and how he’s killed a human being.”
During a hearing weighing the charges against Santos, he said his life had been ruined by Joselyn’s incredible determination.
Santos’ three sons and wife greeted him when he was released from custody. His family has been living in a homeless shelter since his arrest.
“I’m glad the decision was made in my favor and I just want to be with my family,” he said.
“Of course. nobody wants to kill anybody but it was self-defense.”
Santos continued to claim he’s now the victim.
He was arrested for Martinez’s killing in the Dominican Republic in 1988, under laws there that allow for a Dominican to be tried for killing a fellow countryman, even on foreign soil.
Santos was convicted of involuntary manslaughter in the Dominican Republic and did a year behind bars there, before eventually moving to Miami.
“I’ve lost everything,” Santos whined. “I’ve been in prison for 17 months and as you know I was already tried and convicted in the Dominican Republic.”
Manhattan DA Cy Vance said his office will consider an appeal. He thanked Joselyn Martinez for her valiant efforts to seek justice for her dad.
“We have supported the victim’s daughter in her personal quest for justice, because we believe cold cases should not be forgotten cases,” Vance said.
“I would like to thank Ms. Martinez for her perseverance and her dedication to finding her father’s killer. While we respect the decision of the court today, we will closely review it and consider our appellate options.”
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