On February 23, 1999, at about 9:30 p.m., S.G. was behind the wheel of her van waiting for the light to change at an intersection in Dallas, Texas, when a man jumped into the vehicle and pointed a gun at her. The man directed her to drive to a deserted industrial area where he vaginally raped her and forced her to perform oral sex. The man ordered S.G. to drive them away, and subsequently got out at a street corner.

S.G. drove to a hospital, where a rape kit was collected. She said the attacker was a white man wearing blue jeans, a plaid or dark shirt over a black T-shirt, and a brown sports jacket. She said he had a scar on his face. He also wore a ring that showed a tiny map of the state of Texas. She told the police officers that she thought the assailant was around 6 feet 2 inches or 6 feet 3 inches tall and weighed around 230 to 240 pounds

Four hours later, between 2 and 3 a.m. on February 24, 1999, Dallas Police Officer David Blair saw a white man standing outside a pickup by an apartment complex. When the person looked at Blair, the man gave what Blair later said was “that deer-in-the-headlights look.”

Blair said the man, 38-year-old Andrew Gossett, had a tan or light brown jacket over his left arm. The man had dark hair, a blue plaid long-sleeved shirt that was heavy and appeared to be insulated, and dark pants that appeared to be blue jeans. Gossett was 5 feet 9 inches tall and weighed less than 200 pounds.

Blair thought Gossett looked suspicious but did not arrest him. However, later that day, after hearing about the attack on S.G. Blair went back to find Gossett.

A photograph of Gossett was placed in a photographic lineup, and S.G. identified him as her attacker. Gossett had a scar but was smaller than the assailant the woman described.

Gossett was arrested on February 24, 1999 and charged with aggravated sexual assault.

He went to trial in February 2000 in Dallas County District Court. The victim identified him as her attacker. Asked to explain the discrepancy between Gossett’s height and weight and the description of her attacker, S.G. said that he looked bigger because he was on top of her.

A forensic analyst from the Southwest Institute of Forensic Science testified that a very small amount of sperm heads were seen on the vaginal swab and underwear. One sperm head was seen on the jeans in the crotch area. The analyst testified that that the evidence was not sufficient for the lab’s DNA testing capacity.

Another analyst said that Gossett was excluded as the source of hairs found in S.G.’s van. A fingerprint analyst said that no fingerprints suitable for comparison were found in the van.

Gossett testified that he was at his girlfriend's apartment at the time, leaving twice to buy cigarettes and ice cream. He said that he saw Blair look at him when he returned to the apartment after the second trip out.

The defense presented a surveillance tape from a convenience store showing Gossett entering the store not long after the crime. He bought milk and ice cream and asked about possible employment. He was wearing camouflage pants, not blue jeans.

On February 10, 2000, the jury convicted Gossett of aggravated sexual assault. He was sentenced to 50 years in prison.

In April 2001, the Thirteenth District Texas Court of Appeals upheld his conviction and sentence. The court said that the convenience store video did not help Gossett because he could have gone home after the attack, changed clothes and gone to the convenience store to establish an alibi.

Gossett began seeking DNA testing in August 2001. He obtained a court order in 2006. The testing excluded Gossett as the source of semen found on the vaginal swab.

Gossett filed a state law petition for a writ of habeas corpus. On January 2, 2007, Gossett was released on bond after a judge recommended that his conviction be vacated.

On March 21, 2007, the Texas Court of Criminal Appeals granted the writ, vacated the conviction, and remanded the case back to Dallas County District Court. On June 4, 2007, the prosecution dismissed the case.

Goss was later awarded $375,000 in state compensation and a monthly annuity of $3,200.

– Maurice Possley


Posting Date: 08-29-2011

Last Update Date: 07-29-2026

Photography by Andrew Gossett
Case Details:
State:
Texas
County:
Dallas
Most Serious Crime:
Sexual Assault
Reported Crime Date:
1999
Convicted:
2000
Exonerated:
2007
Sentence:
50 years
Race / Ethnicity:
White
Sex:
Male
Age at the date of reported crime:
38
Contributing Factors:
Mistaken Witness ID
Did DNA evidence contribute to the exoneration?:
Yes