How DNA evidence overturned Ohio man’s death row conviction for 1988 murder

XENIA, Ohio ( WCMH ) – An Ohio man who was on death row for nearly three decades has been released as he awaits a new trial for the 1988 murder of an 18-year-old woman with a railroad spike.

The murder sentence of David Lee Myers, about 60 years old, was recently vacated in the death of Amanda Jo Maher, a pregnant mother. Maher was found with a railroad spike lodged into her right temple on the south side of Xenia, according to court documents.

Myers’ defense fought for his death sentence to be thrown out in light of newly discovered DNA on objects at the scene, which they said pointed to another man committing the murder. Myers was granted a new trial and released on Aug. 19 after spending 28 years in prison at the Chillicothe Correctional Institution.

The murder of Amanda Jo Maher

On Aug. 4, 1988, Maher was found “barely alive” with a railroad spike penetrating her temple near railroad tracks in Xenia. She died shortly after being flown to a hospital, court documents said.

The night before, Maher and her boyfriend, Glenn Smith, went to the Five Points Tavern in Xenia around 9:30 p.m. Myers arrived near 10:30 p.m. Smith, who used to work there as a bartender, recognized Myers as an occasional customer, according to court documents.

Myers and Smith began drinking and playing pool together. During this time, Smith became upset at “sexual remarks” Myers made about Maher, records said. Sometime after midnight, Smith and Maher left to go to a bar called the Round Table and Myers asked if he could come along, so the three drove together.

After arriving at the bar, Smith began getting “rowdy” and threw his glasses on the floor, and the bartender called police. Officers escorted Smith outside and placed him under arrest.

Maher asked police if she could have Smith’s wallet and keys, which officers retrieved with his permission. She discovered none of the keys worked for Smith’s car. Myers then approached a police officer and told them he would “make sure she gets home” and would “take care of her,” court documents state.

A bar patron saw Myers with his arm around Maher walking across the parking lot. A police officer later saw the pair walking along a sidewalk, about 300 yards from where she was eventually discovered fatally wounded, according to court documents.

Around 2:10 a.m., a witness saw Myers return alone to the Five Points Tavern, get in his car and drive away. About five minutes later, he returned to the Round Table. One of the few patrons left in the bar — who had previously witnessed Myers and Maher leave together — asked him if “he got any [sex]” from Maher. Myers replied that, “He tried, but she wasn’t willing and he just dropped her off,” court documents stated.

Around 3 a.m., a woman walking home discovered Maher and called the police. Officers arrived and found Maher with her shirt pulled around her neck, wearing no other clothes and with the railroad spike driven into her right temple. She died from severe head trauma and attempted strangulation.

At the time of Maher’s death, Myers was on probation for sexual battery. He was arrested later that day but denied killing Maher. He claimed he last saw Maher on her hands and knees looking for car keys in the Round Table parking lot.

While in county jail in 1988, Myers had made comments to another incarcerated man implying that he had committed the murder. The inmate asked him, “Why a railroad spike?” Myers replied, “Because it was handy,” according to court documents. In 1996, he was found guilty of aggravated murder and sentenced to death.

DNA evidence leads to new trial

In 2020, Myers was granted access to DNA testing that was not available at the time of his trial. He said after receiving the test results, the DNA evidence cleared him of involvement. Court records indicated that Myers said he also had “evidence to refute a range of unreliable (and damaging) scientific testimony that the state used at his trial.”

“After maintaining his innocence for over 36 years, David Myers recently obtained new evidence proving that his DNA was not among the male DNA found on items used in the crime, including the murder weapon,” the law firm representing Myers, Vorys, said in a statement. “In two thorough opinions, the Court agreed that this new DNA evidence warrants a new trial.”

In February, Myers’ representation filed a motion in Greene County Common Pleas Court to vacate his death sentence. He was granted a new trial, and Judge Jonathan Hein overturned his conviction and sentence. Myers has been out of prison since Aug. 19, under the conditions that he wear a GPS monitor, not leave the state and refrain from using alcohol or drugs as he awaits his new trial.

According to NBC4’s sister station WDTN, the Greene County Prosecutor’s Office said the state is planning on appealing both the motion for a new trial and the decision to release Myers on bond. However, there’s no timeline yet on when those decisions will be made.

The case is due back in court for a pretrial conference call on Nov. 22.

For the latest news, weather, sports, and streaming video, head to NBC4 WCMH-TV.