After living under a cloud of suspicion and the fear of jail time for a crime he repeatedly and publicly insisted he didn’t commit, Patrick McNamara says he felt relief when a judge formally dismissed the assault charge against him. The ruling came on Friday, April 12 following the revelation of a surveillance video that supported McNamara’s claims and which had not been entered into evidence by Charlottesville Police.

“It was truly a release of energy as I left the courthouse, three months of buildup, fear,” McNamara told Charlottesville Right Now. “Those first emotions were relief. And of course over the last week they’ve matured into other emotions, and I certainly feel I have complicated feelings about everything.”

McNamara was arrested on January 18, six days after two women reported being groped on the Rivanna Trail by a man who at least one of the victims described as wearing a white, puffy jacket. McNamara was charged with a misdemeanor for one of the assaults, and in an unusual move for someone charged with a serious crime, he spoke at length with a reporter when he left the courthouse after his first appearance on Jan. 23.

“I’ve been absolutely blindsided,” McNamara told Daily Progress Reporter Hawes Spencer. “I’m 100 percent innocent.”

McNamara said he had data that proved he wasn’t on the trail at the time of the attacks and said he didn’t own a white puffy jacket.

Further, McNamara said on numerous occasions, data from his phone and apartment key fob could prove he was innocent, as could his online activities for his remote work for a Boston-based software firm.

McNamara’s claims were met with doubt by police and prosecutors.

“We wouldn’t have charged somebody if we didn’t think they did it, but we have to prove that,” Charlottesville Police Chief Michael Kochis told Charlottesville Right Now in January. “We wouldn’t charge somebody if we didn’t think that we had probable cause to charge somebody with the crime.”

Kochis also explained that the commonwealth’s attorney’s office provides full discovery for the defense. 

“And so what that means is when a case like this comes about, the person gets legal representation and the commonwealth’s attorney and police department provides all evidence to the defense. Everything we have goes to that person’s defense attorney so they can prepare their defense,” he said.

According to motions to dismiss filed by the defense and the prosecution on Thursday, April 11, that’s not what happened. Instead, according to both motions, McNamara’s attorney sent a letter to police on April 8 requesting that detectives secure video from multiple locations near the trail. 

On April 9, prosecutors learned that police had already collected video from one of the requested locations– Cosner Brothers Body Shop– but the video’s collection had not been documented and the officer who reviewed the video had told the case agent the video had no evidentiary value.

“Once made aware of its existence, the Commonwealth immediately made a copy of the video and turned it over to defense counsel,” the motion reads.

That video shows McNamara walking on the segment of trail under Free Bridge at approximately 9:39am and the victim emerging on the trail from under the bridge 11 seconds later. 

A second person, similar in build to McNamara but wearing a white puffy jacket, appears on the video several minutes later.

“There is no longer proof beyond a reasonable doubt to support this prosecution,” the Commonwealth’s motion to dismiss the charge concludes. 

While relieved that the charge has been dropped, McNamara says he’s still dealing with the fallout. He was suspended from his job after his arrest, and he was also facing eviction from his apartment on River Road. He told Charlottesville Right Now, he was still waiting to be reinstated at work and wasn’t sure if the apartment management company would renew his lease, although the management company did halt the eviction proceeding. 

He said other than the prosecution notice, he’d had no contact from anyone involved in his prosecution.

“I haven’t heard anything from anyone who bears… any accountability for what has gone on in my case over the last three months,” he said.

In an interview with Charlottesville Right Now following the decision to drop charges, Kochis said he had ordered an internal investigation as soon as he learned about the surveillance video on April 9.

“If there were processes or procedures that weren’t followed, we need to identify that and make sure we address it and fix it,” he said. 

Does he believe McNamara has been exonerated? 

“He’s innocent until proven guilty just like anyone else,” Kochis said. “So clearly he’s innocent.”

McNamara said he is now exploring future legal action.

“I think it’s in the public’s interest to learn about everything that happened in my case to understand more about the legal process,” he said.

Listen to the April 16 interview with Patrick McNamara.

Listen to the April 16 interview with Chief Michael Kochis.