PORTLAND, Ore. (KOIN) – A 42-year-old man is out of jail after the murder charge he was facing was dismissed.
Leo Lee Burns was released from custody on Friday evening after the Multnomah County District Attorney’s Office filed a motion with the courts informing them that it could not proceed with the case it had originally filed against Burns.
According to Burns’ criminal defense attorney, Ernest Warren Jr., the state “never had any evidence to show he did it in the first place.”
Burns was taken into custody in November 2015 after a secret indictment was filed against him. The indictment charged him with one count of murder. At the time, Burns, was accused of killing Gerardo Granados-Marin.
Granados-Marin was found October 5, 2015 suffering from traumatic injuries in the 5500 block of North Columbia Court. He was found up against a building bleeding. Paramedics were unable to save him and he died on scene.
The Medical Examiner determined that Granados-Marin suffered multiple sharp force injuries and ruled his death a homicide.
According to court documents filed in late 2015, investigators learned that Granados-Marin and another man walked to Burns’ camper. Once the two men got there, Granados-Marin got some drugs and went inside Burns’ camper with the other man to use the drugs.
“Mr. Burns, who was outside the camper, opened the door and told everyone inside to leave,” according to court documents. Granados-Marin reportedly got upset at the way Burns was speaking to him and became confrontational.
Granados-Marin left the camper, took off his shirt and “got into Mr. Burns’ face,” according to court documents. At one point Granados-Marin picked up a hammer and swung it around but then put it back on the ground.
Burns, according to court documents, told police that after he ordered everyone out of his trailer, there was a fight. However, instead of hitting Granados-Marin as some had originally claimed, Burns said he simply turned around, put on his headphones and continued to work on a moped that was roughly 30 feet from where the homicide occurred.
Burns maintained that he did not see or hear regarding the death of Granados-Marin.
“He said shortly before the police arrived, he looked down the street and saw what appeared to be a body slumped against a fence, but he did not know who it was,” according to court documents.
“Just like folks found innocent years later, Mr. Burns was mistakenly accused of the crime,” Warren said.
Officials said the investigation remains open and active, but declined to comment in order to maintain the integrity of the case.
Anyone with information about the case is asked to contact Detective Bryan Steed at 503-823-0395, bryan.steed@portlandoregon.gov; or, Detective Michele Michaels at 503-823-0692, michele.michaels@portlandoregon.gov.