Man convicted of murder released years after twin confessed to the killing in Chicago

Years after his twin brother confessed to the murder he was convicted of, an Illinois man has been released from prison — but his legal battle may not be over yet.

Kevin Dugar was found guilty of a 2003 gang-related killing on Chicago’s north side and was sentenced in 2005, all the while maintaining his innocence, Illinois court documents show.

After spending nearly two decades in custody, Dugar was released on Tuesday, Jan. 26.

“We are delighted that Kevin is free after almost 20 years of incarceration for a crime he did not commit,” Dugar’s attorney, Ron Safer, told McClatchy News in an email. “We look forward to ensuring that he remains free.”

Dugar and his identical twin, Karl Smith, had been involved with the same gang — the Conservative Vice Lords — and were known to impersonate one another, court documents say. The brothers testify that, while Smith was still involved with the gang, Dugar had grown “tired of the lifestyle” and was trying to move on from it.

Then, on the night of March 22, 2003, two rival gang members were shot, one fatally, and the survivor told police Dugar was the man responsible.

Dugar was brought in for a police lineup, and another witness, a 16-year-old girl, positively identified him. But his twin was not present and “never participated in a lineup despite efforts to have him come in for it,” detectives said.

He was sentenced to 48 years for first degree murder, plus a 25-year firearm enhancement, and six years for attempted murder, court documents show.

Then in 2014, Smith made a shocking confession: that he had let his brother take the fall for him for over a decade, that he had gunned the two men down that night, not Dugar.

“[Smith] thought the charges against his brother would not stick since his brother did not commit the crime,” he said, according to documents.

He never came forward because he “felt it was not his job” and he “didn’t have the strength to willingly turn himself in,” documents read. In the years that followed, Smith said he used drugs and alcohol to cope with what happened to his brother — what he allowed to happen.

With Smith’s confession, Dugar sought a retrial in 2018 but was denied, the documents show. At the time, the court found that “the brothers had a pattern of misdirection and deceit” owing to their penchant to impersonate each other to get out of trouble, and it was “unbelievable that anyone would let their innocent twin sit in the penitentiary for 10 years for a crime that they themselves committed.”

Smith was sentenced to 99 years in prison for his role in a 2008 armed robbery and home invasion in which a 6-year-old was shot in the head, the Chicago Tribune reported.

Since he was facing a life sentence, Smith has “nothing to lose” by taking credit for the 2003 killing, the court found, adding that Smith’s recounting of events conflicts with witness testimony.

However, such evidence can be unreliable, Dugar’s defense team has argued in the past, the Chicago Tribune reported. The state’s case against Dugar is built largely on the testimony of two witnesses — one of which recanted — and no physical evidence or confessions.

Dugar appealed and in 2021, a judge threw out his conviction and granted him a retrial.

“After a careful consideration of all of the evidence, the Court of Appeals ruled that a jury hearing that evidence, both the old and the new evidence, would likely acquit Kevin,” Safer told McClatchy.

The State’s Attorney’s Office “further delayed the process” by requesting to have the case brought before the Illinois Supreme Court, which it declined, Safer said.

Dugar walked out of the Cook County jail Tuesday, Jan. 26 to his waiting family, TV station WLS reported.

He’s “grateful” and “overwhelmed” by his newfound freedom, Safer told McClatchy. He’s hopeful Dugar won’t have to fight to keep it; that the State’s Attorney’s Office won’t take him to trial.

“It is clear that Kevin’s identical twin, Karl, committed the crime,” Safer said. “I know from personal experience that the Cook County State’s Attorney is a woman of integrity and honor. I know that if she believes that Kevin is innocent, she will dismiss the case.”

Cook County State’s Attorney is Kimberly M. Foxx.

At this point, it’s not clear what action the office intends to take.

“We are currently reviewing this matter to determine the next appropriate steps,” a State’s Attorney’s Office spokesperson told McClatchy.

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