CLINTON HILL — One of the men arrested in the Clinton Hill double sexual assault has been released from jail because prosecutors don't have sufficient evidence against him, according to his lawyer.
Daquan Jackson, 21, was arrested on Sept. 24 and charged with criminal sex act for allegedly assaulting a 31-year-old woman outside of 58 Irving Pl. after another man assaulted her about an hour earlier at 5 a.m. on Aug. 31.
However, after prosecutors found that Jackson's DNA did not match evidence gathered after the incident, a judge vacated his $100,000 bond at a Sept. 29 hearing and ordered him released without bail, according to his lawyer.
"I applaud the DA's decision to release my client and they did a great job getting the DNA results as fast as they could," defense lawyer Josh Saunders told DNAinfo New York.
Saunders added that it was clear Jackson did not fit the physical description of the second suspect, who was caught on video.
"The person on the video is clearly taller and lighter-skinned and seemed to me to have a different haircut," Saunders said.
The case has not been dropped and Jackson is still facing criminal charges, according to Saunders.
Nicholas Issac, 17, was arrested on Sept. 19 and charged with sexually assaulting the woman first on the night of the dual attack.
Issac was released on $50,000 bail on Sept. 25, according to the New York City Department of Correction website.
His lawyer, Darren Fields, said previously that Issac had also been misidentified.
"Police were looking for a man that is 5-foot-7 and my client is at least 6-foot-2," Fields said after a Sept. 25 court hearing. "There is absolutely nothing to indicate he was involved with this woman at all."
A Brooklyn District Attorney’s Office spokeswoman did not comment on the DNA evidence or possible discrepancies between the description of the second suspect and Jackson, but said via email that "the charges against Isaac and Jackson are still pending."
