John Horton, who spent 23 years in prison, says police fabricated evidence and manipulated witnesses

ROCKFORD — A Rockford man who served 23 years in prison for a murder he didn’t commit is suing the city and 22 current and former Rockford police officers.

John Horton, 42, was convicted of fatally shooting Rockford resident Arthur Castaneda, 26, on Sept. 19, 1993, at the McDonald’s restaurant located at that time at 2715 Charles St.

An 11-count wrongful conviction lawsuit filed Thursday in U.S. District Court in Rockford argues that Horton was convicted after police "manipulated witnesses, fabricated evidence, and withheld evidence that would have demonstrated Horton’s innocence."

The lawsuit states the fabricated evidence included an involuntary false confession that "was concocted and coerced by defendants after hours of illegal interrogation." During the interrogation, the lawsuit claims, police "used threats, intimidation, and manipulation to obtain a false and involuntary confession from the plaintiff."

As a result of the defendants’ misconduct, the lawsuit states, Horton was wrongfully convicted of armed robbery and homicide and sentenced to life in prison without parole.

Horton was at a friend's house when the murder was committed, the lawsuit says.

After learning he was wanted for questioning, Horton, who was 17 at the time, went by himself to the Public Safety Building to talk to police. After a 10-hour interrogation, Horton signed a typed confession after being threatened verbally and physically, according to the lawsuit.

Horton was convicted in 1995 of Castaneda's murder and was sentenced to natural life in prison without parole.

Days after Castaneda was slain, Horton’s cousin Clifton “Buddy” English Jr., then 24, was arrested in connection with a killing at the Bombay Bicycle Club, an East State Street restaurant.

According to the lawsuit, on Aug. 4, 1995, English contacted Horton’s attorneys and confessed that he had committed the armed robbery and murder. English has not been charged in connection with the Castaneda murder but is serving a 66-year sentence for the killing at the Bombay Bicycle Club.

In October 2016, the Illinois Appellate Court ruled Horton was entitled to a new trial because authorities had failed to disclose pertinent information to Horton’s defense attorney, such as the arrest of English.

On Oct. 4, 2017, Judge Joe McGraw dismissed all charges against Horton after a special prosecutor reviewed the evidence and decided he had to drop the case.

Horton's lawsuit, filed by the Chicago Law Firm Loevy & Loevy, claims the Rockford Police Department “maintained a policy, custom, or pattern and practice of promoting, facilitating or condoning improper, illegal, and unconstitutional investigative techniques by RPD investigators.”

The suit further states that investigators forced Horton “to make false statements involuntarily and against his will, which incriminated him and which were used against him in criminal proceedings, in violation of his rights secured by the Fifth and 14th Amendments.”

The suit claims these interrogation practices were “widespread and allowed to flourish “ because police supervisors failed to “adequately train, supervise, and control their officers agents, and employees on proper interrogation techniques.”

The lawsuit demands the defendants be tried by a jury but does not specify damages.

Twenty-one of the 22 officers named in the lawsuit have retired from the Rockford Police Department. Two of the officers named in the suit are deceased.

Horton currently lives with his wife, Melissa, and works at the Chrysler Assembly Plant in Belvidere.

Horton, his attorney and city of Rockford Legal Director Nick Meyer were not immediately available for comment.

Ken DeCoster: 815-987-1391; kdecoster@rrstar.com; @DeCosterKen