49-year-old church deacon charged for crime he didn't commit

- “I can’t believe this is happening to me, “ Allen Heath said.

At first, Heath thought the call from a bail bonding office was a prank. There was a warrant out for his arrest for felony credit card abuse.

“This wasn’t even an officer trying to do his job,” Heath said. “He was just trying to find someone so he could go on to the next case.”

Heath hired an attorney who immediately found many reasons why Heath couldn’t have been this man who stole a backpack from an unlocked locker at a gym. For one Heath was at work at the time and could easily prove it. Heath does go to the gym where the theft occurred but wasn’t there on the day of the crime. Another easy to prove fact.

“So much evidence showing I was completely not the guy,” said Heath.

But the most glaring piece of evidence proving Heath’s innocence are these surveillance photos showing the real thief using the stolen credit cards. Heath and the real thief look nothing alike, except for one thing.

“It’s only because I’m black and it was a black thief that did the crime so let’s go along and stick with that one,” Heath said.

Even though Baytown police had photos of the real thief’s car and license plate he hasn’t been arrested.
In a prepared statement the D.A.’s office tells us the prosecutor dismissed the charges against Heath in July after noticing all the discrepancies like Heath has a pony tail the real thief is bald and Heath has a thinner build.

The D.A.’s office had Baytown police review the surveillance photos and they agreed.

“We had the wrong person,” the statement reads.

We went to the Baytown Police Department for a response but all we were told is that Heath was picked out of a photo lineup by two people.The ordeal cost Heath over five grand.

“To me it seems like they have so much leeway to do whatever they want,” Heath said. “They just don’t care.”

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