Javier, 25, in the 2012 murder of Hansell Arias in a McDonald's parking lot, after receiving several eyewitness accounts clearing him, wrote new DA Darcel Clark in a statement Friday afternoon.
"Our duty as prosecutors is to do justice, and since I am not convinced that the identification of Mr. Enger as the perpetrator is correct in light of these recent statements by the witnesses and other evidence that we reviewed, this indictment must be dismissed," Clark said.
Charges are expected to be formally tossed later this month.
Javier, reached by phone by the Daily News, was ecstatic to hear the news. He said he had not heard from the DA’s office about the decision their plans.
"I just feel this release. I just thank God that we have justice," he said.
Javier was held at Rikers Island for two years after the killing, but the court released him with an ankle bracelet in 2014 only after a test proved that it was not his DNA found under the victim's fingernails.