By Karen Morfitt

DOUGLAS COUNTY, Colo. (CBS4) – Months after arresting an innocent man, the Douglas County Sheriffs Office has a new suspect in custody.

Jail records show 25-year-old Aaron Yost was booked into the Douglas County jail Tuesday evening just before midnight.

Aaron Yost (credit: CBS)

He’s facing six different charges including felony vehicular eluding and attempting to influence a public servant.

According to Yost’s arrest warrant, he gave investigators a written confession a month ago saying he was driving the vehicle involved in a high speed chase with Douglas County deputies.

(credit: CBS)

His confession came just one day before prosecutors would dismiss the bogus case against Joshua Mccay.

“It’s just been this emotional roller coaster,” Mccay said.

In August of last year, Yost and his two companions admitted to investigators they were in the vehicle during the chase, but the three of them claimed someone else was driving

(credit: CBS)

According to one of those companions who spoke with CBS4’s Karen Morfitt they gave deputies the name Josh and some version of McCay for the last name, thinking it was fake.

“Someone said ‘Oh, since the cops do not know who was driving, let’s just come up with a fake name, and we’ll tell them it was him, and they’ll never be able to catch the guy because he isn’t real,’” she said.

Using that information one of the Douglas County Sheriff’s deputies on scene would run a search through the DMV database.

A Joshua Mccay in Windsor, Colorado came up.

“If you read through the police reports, it was an entirely unbelievable story that the officers just ran with,” Mccay said.

Joshua McCay (R) (credit: CBS)

Douglas County issued a felony warrant for McCay in September, but he didn’t learn about it until a month later through contact with the DMV.

Thinking it was likely a minor paperwork error, Mccay turned himself in.

“That was the first night I spent away from my son… and it was in jail,” McCay said.

Mccay who had just accepted a new job in Utah at the time was allowed to leave the state, but was required to attend every court hearing.

Despite having provided prosecutors with an alibi and mounds of evidence proving he could not have been involved, they pursued charges.

He spent eight months flying back and forth trying to clear his name. It wasn’t until March 20, under the threat of trial, was the case dismissed.

Mccay and his attorney were never told why prosecutors suddenly changed their tune.

“They just said it was in the best interest of justice and just dropped it,” McCay said.

It was not until Yost’s warrant on April 30, a month after his confession that Mccay would realize there was more to the dismissal than a simple change of heart.

“I don’t think they were ever going to make an arrest,” McCay said.

The warrant also reveals that it was not until Monday, two days after CBS4’s original report, that investigators would finally look into McCay’s alibi. Obtaining his work schedule and FitBit records showing his sleep patterns the night of the chase.

A statement, a spokesperson for the sheriff’s office says:

“We are taking this situation very seriously, and are looking into all the factors that led to the arrest of Mr. McCay.”

McCay says the sheriff’s office acknowledging what happened is start, but it doesn’t explain how his life was turned upside down.

As far as those involved, he has a message for them as well.

“To the kids that were actually in the car that night thank you for coming forward,” Mccay said.

McCay was told he has no recourse against the county and will likely be out more than $15,000 he spent to defend the bogus case.

LINK: McCay GoFundMe Page

Karen Morfitt joined the CBS4 team as a reporter in 2013. She covers a variety of stories in and around the Denver metro area. Connect with her on Facebook, follow her on Twitter @karenmorfitt or email her tips.

Comments
  1. Glenn Rogers says:

    he can sue the county if he gets a good lawyer. they are just trying to pull something

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