From Broward County, Florida comes one of the most unbelievable tales of a killer going unpunished.

In January of 2012, David Grant, then 49, agreed to meet Joni Donley, then 28, at a Dunkin Donuts. Grant was a white math tutor and Donley was a black college student. The purpose of the meeting was to prepare Donley for a calculus test.

Later that night, Donley savagely killed Grant in front of multiple people. According to witnesses, Grant was walking away when Donley attacked him. Donley put Grant in a bear hug, knocked him down, kicked him in the neck, jumped on him, and strangled him.

Witnesses wrote down Donley’s license plate. Police arrested him shortly after with Grant’s blood on his shirt. After he was placed in an interrogation room, he confessed to killing Grant “for nothing” on video.

However, his defense attorney hatched a plan. He claimed Grant provoked Donley by calling him a racial slur. Then Grant, who was 380 pounds, died from clogged arteries.

The prosecution originally decided they would let Donley off easy and only pursue manslaughter charges. Then they waited over five years. Broward County Assistant State Attorney Vegina Trimetric Hawkins, who is black, now claims that the state no longer has a case. She says one of the witnesses was a student from Saudi Arabia. He is back in Saudi Arabia and Hawkins says the former prosecutor mishandled his deposition.

The case was previously handled by Alberto Ribas Jr., who became a circuit judge last year. He refused to comment. State Attorney Michael Satz has refused to meet with the family.