The case against a 63-year-old Vancouver bus driver mistaken for a fugitive computer hacker at the U.S. border has been dismissed.
Richard Brandow was arrested on a 20-year-old warrant while crossing into Washington State on Feb. 11, when border officials took him for a man with the same name who is more than a decade his junior.
After spending a night in jail, Brandow's lawyer advised him to remain in the States to face charges in Seattle Superior Court.
But on Friday, the case was thrown out entirely, allowing Brandow the chance to return home.
"Based on information provided by Canadian RCMP we have determined that the individual recently arrested is not the same person as the person charged with the crime," prosecutor Ivan Orton wrote in a court-certified motion.
The court also opted to dismiss the malicious mischief charge against the other Richard Brandow.
"Because of the age of the case (20 years), and based on a recent review of the evidence, it is unlikely we would be able to successfully prosecute the correct Richard Brandow in the future," Orton wrote.
Canadian spends ‘horrendous' night in prison
The Canadian Brandow's ordeal began on a trip with a friend to scope out motor homes for his pending early retirement.
A border agent took his passport, asked him a few questions and slapped an orange sticker on his windshield. Brandow was then told to step inside the border office, where he was approached by a group of guards, handcuffed and placed under arrest.
His supposed crime dated back to 1992, when a hacker by the name of Richard George Brandow – who is more than a decade younger than the recent arrestee – allegedly created a malicious computer virus in the then-popular Aldus PageMaker program.
"I'm a bus driver and have been in transportation my entire life," the Canadian Brandow told CTV News. "And of course, I'm 15 years older than him, so there are a lot of distinct differences between us."
Brandow said his initial reaction to his arrest was to remain calm.
"We've all seen movies about things like this, and I knew they had the wrong person," Brandow said. "I knew if I was too agitated about it, it would probably just make my case worse."
When he found himself in a prison cell that afternoon, things looked slightly bleaker. Brandow said he broke down in tears while he was being booked. From there, he was placed in a cold cement cell with another inmate, fed what he described as disgusting meals – including rice with a melted cheese slice and cabbage – and insulted by fellow prisoners.
"I had the most horrendous night imaginable in that jail. It's unbelievable," he said.
He was able to post his $50,000 bail the next day, but lawyer Jeffrey Lustick advised him it was unwise to try and return home.
"If he leaves and goes back into Canada, he might be detained again at the U.S. border on the same warrant and he might have to be transported in shackles down to Seattle," Lustick said, adding that Brandow's best bet was to remain in the States at least until his first appearance in Seattle Superior Court next week.
Lustick's confidence in his client's eventual exoneration paid off, but the question of compensation remains.
So far, Brandow says he's paid the $50,000 bail, a non-refundable $5,000 bond fee, more than $10,000 in lawyer's services and $314 to get his impounded car towed to him in Bellingham – on top of the cost of food, shelter and spare clothes.
"I had very little with me when I came across," Brandow said.
Lustick says part of his client's problems could have stemmed from the age of the warrant. While modern digital warrants can contain fingerprint biometric information and a litany of details, from height, weight and eye colour to body markings, the older computer systems were far simpler.
"It's likely that this warrant didn't contain a lot of that information," he said.
The warrant does state that the alleged hacker worked for a magazine about Macintosh computers, and was at one point set to work as a writer for Star Trek: The Next Generation.
According to the document, the alleged hacker was not shy about his efforts.
"Apparently this computer virus at the time would make a picture appear on the screen, it was like a peace symbol or a peace message, and it actually included the person's name: Richard Brandow," Lustick said.
Lustick says B.C.'s Brandow has "very little computer skills."
While he waited to hear the good news that his case had been dismissed, Brandow said he was doing his best to cope.
"Emotionally, I'm really devastated. I can't believe this happened to me. I lead a pretty quiet life as a bus driver and I cross the border on this beautiful morning and then my life is just turned upside down in a few hours."
With a report from CTV British Columbia's Mi-Jung Lee
