A man accused of a butcher knife attack was cleared of any charges by a Dallas County grand jury. But his attorney says it never should have gotten that far and a private investigator questions how Dallas police handled the case.
A private investigator is actually the one who found the witnesses and evidence that made the difference in the case for Ervay Powdrill, 68. Powdrill spent nearly a month in jail for the assault, but video clearly shows he was the one being attacked by a woman.
The woman was his on again, off again girlfriend Ora Mae Anderson, 50. She has not been charged with anything from the Jan. 22 knife incident.
"When I first saw the video it was a WOW, moment,” said long-time private investigator Fred Daugherty, who found the video two weeks later.
Anderson had told police Powdrill beat her earlier that morning and she was trying to defend herself -- but Daugherty said the video and witness testimony don't support that.
Powdrill's attorney provided a statement to the grand jury saying, "the attack was the other way around as multiple independent witnesses- who, inexplicably, were not contacted by the police and video recording prove."
Those witnesses were found by Daugherty along with people who called 911 -- but were never interviewed by Dallas police. Daugherty finds fault with Dallas police investigators, wondering why no one followed up with witnesses he says were easy to find.
"This lady right here at work and the lady next door were on their front porch waiting to were waiting for them to come back to talk to them,” Daugherty said.
Dallas police did not respond to attempts for an interview.