After 13 Years in Prison, Man Acquitted in NYC Bouncer's Shooting NEW YORK (AP) -- A man who was imprisoned more than 13 years for the shooting murder of a bouncer outside a nightclub in 1990 was acquitted Thursday after being tried a second time on charges stemming from the killing. A jury in Manhattan's state Supreme Court found David Lemus, 38, not guilty of second-degree murder and second-degree attempted murder in the fatal shooting of Marcus Peterson on Nov. 23, 1990, outside the Palladium nightclub. Peterson was shot after he and another bouncer scuffled outside the club with a patron who refused to go through a security check. Prosecutors said the offended would-be customer returned with at least one other man and opened fire. Lemus and Olmedo Hidalgo, co-defendants in the first trial, were convicted of the shooting in 1992. Both went to prison for more than 13 years, but a judge threw out the convictions in 2005 after new evidence surfaced. Prosecutors, who never presented evidence that the two men even knew each other, dropped the charges against Hidalgo, who was subsequently deported to the Dominican Republic for an unrelated gun charge, but they decided to retry Lemus. The new evidence included a federal witness's statement in 2000 that the real gunman was Thomas "Spanky'' Morales and a 2002 New York Police Department report that named Morales as the shooter. During the second trial, Morales testified in a sealed courtroom that he and another acquaintance, not Lemus and Hidalgo, did the shooting. He has not been prosecuted in the case. Meanwhile, in November 2006, Hidalgo filed a $50 million lawsuit against the city in Manhattan's U.S. District Court. He accused the district attorney's office of false arrest, malicious prosecution and false imprisonment. Hidalgo, 41, also charged the office with failing to train and supervise prosecutors properly and claimed prosecutors did not keep records that might have proved his innocence. Manhattan prosecutors had no comment on the jury's Lemus verdict or on Hidalgo's lawsuit.