Man involved in 15-year-old's death to be set free after Miami-Dade prosecutors hid evidence

It’s been more than a decade since 15-year-old Sabrina O’Neil was gunned down during a 2010 drive-by shooting in Liberty City.

After the teen’s murder, police arrested five men who have since been convicted for either being a shooter or accomplice.

Last year, 39-year-old Taji Pearson was found guilty of first-degree murder. In January, he was sentenced to life for O’neil’s death and his involvement in the attempted murder of three others.

However, about seven months after receiving a life in prison sentence, Pearson, who drove the killers to the shooting site but did not shoot, got a new future outside of a cell.

“We could not confirm that it (discovery) was turned over to the defense," said Rebecca Dimeglio, an Assistant State Attorney.

“At any point in the 11-year history of the case?” Judge Marisa Tinkler Mendez asked.

“No, Judge. It does not appear to have been turned over.”

Dimeglio admitted in open court Wednesday that her office had not turned in all of the discovery, or evidence, in Pearson’s case. Consequently, state attorneys asked Judge Mendez to vacate the life sentence and instead offered Pearson a 15-year plea deal with four years’ probation.

Pearson's charges were amended to second-degree murder with a sentence under the state guidelines for offenders facing similar charges. Even people facing his new second-degree charge are facing up to life in prison.

“I did a public records request for emails and I found evidence that was not given to counsel before Taji’s trial," said Michelle Borchew an attorney representing Pearson. “And while none of this stuff points to innocence of Mr. Pearson, this is all stuff that I had the right to have so when they were sitting on that stand, I can cross examine them on it.”

Borchew said the evidence not turned over could have been useful to question witnesses who testified during her client’s trial last year.

Despite prosecutors not being clear whether the evidence was intentionally hidden, the Miami-Dade State Attorney’s Office assigned new prosecutors to the case after the former one resigned.

In March, former top prosecutor Michael Von Zamft left the office after Judge Andrea Ricker Wolfson removed him from a death penalty case. Judge Wolfson found his “winning at all costs” philosophy led him to manipulate witness testimony and prosecute recklessly. Another prosecutor, Stephen Mitchell, was also disqualified from the case. However, NBC6 confirmed Mitchell is still prosecuting cases in Miami-Dade.

The disqualification forced Miami-Dade State Attorneys to reassign Von Zamft’s cases, which included Pearson’s.

The newly assigned top prosecutors, Dimeglio and Justin Funck, stated Wednesday the best option was to offer a 15-year plea deal with credit time served, to avoid a new trial.

“This is kind of the dust that has been stirred from that order from cases that Michael Von Zamft prosecuted. I don’t think the dust is done stirring yet,” Borchew said.

State attorneys claimed the victim family’s was not happy with the new sentence.

Pearson received over 5,000 days of credit in his new sentence a judge approved, and should be released within two years, according to his attorney.

“I want to send my condolences to Sabrina and her family. Sorry. Very sorry,” said Pearson while accepting a plea deal.