AURORA, Colo. -- An Aurora man mistakenly released from prison -- then re-imprisoned to finish serving a 98-year sentence -- will be going home soon.
It is news the family of Rene Lima-Marin has been longing to hear for three years.
He had heard Lima-Marin’s plea for a writ of habeas corpus in a court hearing in December.
His ruling came Tuesday. And it’s the most incredible news his family could have ever hoped for.
“I read: 'judge,' 'order' and 'freed.' And I just threw my lunch. I just started screaming,” Jasmine Lima-Marin said.
That was the moment, inside her car, glancing at email, she learned her husband would finally be coming home.
It’s been a day of disbelief.
"I just feel like our prayers have been answered. It’s been an overwhelming three years and I feel like, 'whew,'" she said.
Those prayers answered by Samour through a court document that orders the Colorado Department of Corrections set Lima-Marin free.
"Requiring Lima-Marin to serve the rest of his prison sentence all these years later would be draconian, would deprive him of substantive due process and would perpetrate a manifest injustice,” Samour wrote.
He also called the government’s actions, “conscience-shocking deliberate indifference.”
“There’s no better way to put it, his wording is 100 percent perfect,” Jasmine Lima-Marin said.
Lima-Marin had served nearly 10 years for armed robbery when he was mistakenly released on parole in 2008.
When the court realized its mistake nearly six years later, they put Lima-Marin back in prison.
But in those years he changed his life by getting married, having children and finding God.
Samour said only his release results in justice.
“He doesn’t know what he did for our family. I want to thank him for giving Rene a second chance and giving our family a second chance, just putting our lives back together. I thank him from the bottom of my heart,” Jasmine Lima-Marin said.
She said she doesn’t know exactly when her husband will be released, but it can’t come soon enough.
He’s incarcerated at the prison in Canon City. The last time Jasmine Lima-Marin and their two boys saw him was at his court hearing in December.AlertMe