One of the men released from prison Monday, after a judge declared him innocent of a 1994 murder, is facing a new charge of assault and battery with a dangerous weapon.
The Tulsa County District Attorney charged De'Marchoe Carpenter in March after an attack inside the Tulsa County jail.
Carpenter said his freedom was a long time coming after he served over 20 years in prison for the 1994 drive-by shooting of Karen Summers.
A judge released Carpenter and Malcolm Scott Monday afternoon after several witnesses changed their stories and a death row prisoner said, right before he was executed, that he was the one who shot Summers.
Carpenter was moved from prison to the Tulsa County jail in January, to wait on the judge's decision.
An affidavit says on March 9th, Carpenter held down an inmate so another inmate, Marlon Phenix, could hit the victim over and over again with a metal bar that had been taken from the ceiling of the jail's multipurpose room.
The affidavit says the inmate who was beaten had to have stitches in his hand and had several bloody knots on his head.
Investigators say surveillance video confirmed the stories from the witnesses and the victim.
A judge gave Carpenter a $10,000 bond Monday morning on the assault charge before he was released Monday evening on the murder charge.
Carpenter's attorney said she is working with the DA's office to reach a resolution in the new case. She’s hopeful that will happen, but there are no guarantees.
Carpenter is due back in court on the assault charge on May 27th.