NASHVILLE, Tenn. (WTVF) — A special prosecutor dismissed a first-degree murder charge against Calvin Atchison on Thursday, telling the court they could no longer prove the case beyond a reasonable doubt.
The case stretches back 26 years, to when police discovered the body of 30-year-old Velma Tharpe at 12th Avenue North and Meharry in North Nashville.
Police believe Tharpe was a sex worker who was beaten to death, strangled and sexually assaulted.
Police arrested Paul Garrett, who pleaded guilty and served years in prison. Years later, DNA evidence cleared Garrett and he was released. Court records show prosecutors knew the DNA wasn't a match before Garrett pleaded guilty.
Prosecutors said the DNA matched Atchison, so he was charged with first-degree murder. Atchison has insisted he didn't do it.
While Atchison awaited trial, NC5 Investigates discovered defense attorneys had been secretly recorded while reviewing evidence inside the District Attorney's Office. Because of that, Powers asked a judge to disqualify the District Attorney's Office after the comptroller's report included a photo of him reviewing evidence in the case.
"The history and publicity this case has had for the different evolutions of the case stand on their own, speak for themselves in terms of how complicated this case is," Powers said.
The court later appointed a special prosecutor, whose office dismissed the charge Thursday.
"Based upon a review of all the evidence and particularly the procedural history, the State doesn't feel it can meet its burden moving forward at trial. So the State is entering nolle at this time," the special prosecutor said.
Powers said the dismissal confirmed what the defense had long believed.
"We've always known that Calvin was innocent and the State charged the wrong man. So the State's decision to dismiss the charge against him today was validation of what we've known to be true," Powers said.
The question of who killed Velma Tharpe remains unanswered.
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