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  • WHIO Dayton

    ‘Railroad spike murderer’ temporarily released from prison after death penalty sentence

    By WHIO Staff,

    14 hours ago
    https://img.particlenews.com/image.php?url=1NoGee_0v3Hrybo00

    A man who has spent decades on death row after he was convicted of murdering a woman with a railroad spike is out of prison.

    David Lee Myers walked out of the courthouse on Monday, but the case isn’t over.

    >> PREVIOUS COVERAGE: ‘Railroad spike murderer’ granted new trial nearly 30 years after death penalty sentence

    Amanda Mayer was 18 when she was killed in 1988. Myers was the last person she was seen with, and he was arrested the next day and finally convicted in 1996.

    He has spent the last 29 years in prison.

    60-year-old Myers walked out of the Greene County Courthouse just a couple of hours after a visiting judge decided that he would release him on an OR bond, meaning no payment.

    “He is entitled to that presumption of innocence,” said Elizabeth Smith, the defense.

    The visiting judge apparently agreed with arguments made by Myer’s attorneys.

    Greene County prosecutors, who said they will appeal the decision to overturn Myer’s conviction had a much different view.

    >> RELATED: Victim’s daughter speaks out after ‘Railroad spike murderer’ gets new trial

    Myers and Mayer were seen leaving a Xenia bar together and walking together a short distance from where investigators found her.

    Mayer’s daughter, Sarah Sparkman, just 8 months old when her mom was killed, asked the judge not to release Myers.

    “Why risk it? I have experienced a lifetime of emotional and psychological turmoil due to my mother’s death,” Sparkman said.

    Judge Hein, a visiting judge in Greene County, said the purpose of bail is to make sure the defendant shows up in court for his trial.

    He seemed to agree with the defense arguments that Myers would not be a flight risk.

    “He has no driver’s license, he has no passport, he has no money, he’s not going anywhere,” Smith said.

    The Greene County prosecutor told News Center 7 they disagreed with Monday’s bond decision.

    They also disagreed with the visiting judge’s decision to overturn Myers’ conviction.

    They are appealing that decision to the 2nd District Court of Appeals.

    We will continue following this story.

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