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In a 35 page ruling, Justice Derick Sylvester upheld attorney Orson "OJ" Elrington's no case submission and Gillett left the court a free man. Following the proceedings, Elrington explained what led Justice Sylvester to this ruling. Gillett also expressed his relief at being let go, especially since he couldn't get a "markup" while he was in prison.

Orson "OJ" Elrington, Attorney
"The no case submission took place a few weeks ago in December of 2024. What happened is the judge just delivered his decision today. We had both oral submissions and as well written submissions. And at the conclusion the judge felt as though that the evidence was so tenuous that a conviction on the evidence presented by the crown would have been unsafe and therefore upheld our no case submission."

"There were 20-something witnesses whose evidence he considered and a multitude of different types of evidence presented why the crown which he considered and at the end of the day he essentially said that he agreed with us that the evidence tabled by the crown was unable to sustain a conviction in this matter and even too tenuous to even put it to the jury, to even go to the next stage in these proceedings."

Dane Gillett, Walked From Murder Charge
"I would just want people to realize, this just goes to show that the system is filled with abstract. The court clearly proved today that whatever they were charging me for, no evidence is there to prove that I am the person who pulled the trigger. No evidence is there to prove that. And they knew the evidence they had couldn't prove that from the start and they still made me sit down in jail three years and five months took a lot of time out of my life and out of my family. So I just want to make people see, I just want the system to know too, I want them to do their job properly because it's not easy to be behind that place. Men are suffering back there right now, back there is rough. I don't even have a markup right now because I'm in the hole, I'm taking lick."

"I just want to tell the lady condolences for her loss, I know how it feels to have to lose somebody close to you like that, I have one of my cousins that died, 14 years old, they shot him 9 times. No justice came out for him either I know how the lady will feel, I know they must be sitting there vex right now because they feel like I'm the one who killed their child. I hope they realize that the court proved today that I'm not the one who did the crime. So I just would want them to clean their heart towards me, I just want them to clean it up."

This murder was said to be retaliation - which found the wrong target.

Dwayne's mother declined an interview on the court outcome today but said that regardless of what had happened in court, nothing can bring back her son who would have been 19 now.