- Associated Press - Thursday, May 12, 2016

TULSA, Okla. (AP) - An Oklahoma man freed from prison this week after a judge declared him and another convict innocent of a 1994 fatal drive-by shooting still faces an unrelated assault charge from his time in jail.

Judge Sharon Holmes on Monday exonerated DeMarchoe Carpenter and Malcolm Scott in the killing of 19-year-old Karen Summers after the men served 20 years in prison. But Carpenter faces the charge for an incident while in jail, awaiting the judge’s decision. He’s accused of holding one inmate still so someone else could beat the inmate with a metal object, court records filed March 15 show.

Carpenter has pleaded not guilty and is due in court on June 7 for a preliminary hearing. He posted $10,000 bond on Monday related to the assault charge.

A message seeking comment on the case from Carpenter’s attorney was not immediately returned, nor was a message seeking details from a spokeswoman from the Oklahoma Innocence Project, which helped take on the case of both men. Tulsa County District Attorney Steve Kunzweiler didn’t respond to a message seeking comment on Carpenter’s separate assault charge but indicated earlier this week that his office is considering an appeal of Holmes’ ruling in Summers’ death.

Scott and Carpenter were both 17 years old when 19-year-old Karen Summers died in 1994.

In January, Holmes granted a rare evidentiary hearing that featured a confession from Michael Lee Wilson, videotaped while he was on death row two years ago. Minutes before he was to die by lethal injection in 2014, Wilson declared Carpenter and Scott innocent.

Defense attorneys also called several witnesses who supported their claim that the handgun and car used in Summers’ killing belonged to Wilson, who would eventually plead guilty as an accessory after her death.

Holmes said that if jurors would have been able to hear Wilson’s videotaped confession, the case “would’ve had a different outcome.”

Holmes also found that other evidence failed to link either Carpenter or Scott to the crime.

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This story has been corrected to reflect that the alleged assault happened in jail, not prison.

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