Prosecutors are hoping that the same DNA evidence that exonerated one man will send another to prison for attempted capital murder.
Marion Sayles is accused of sexually assaulting and shooting a woman 28 years ago.
On Nov. 19, 1983, 26-year-old Mary Smith (a pseudonym) was supposed to meet up with friends for dinner on Maple Avenue in Uptown Dallas.
She said as soon as she got out of her car two men ambushed her.
"I screamed very loud and one man hit me on the head with a gun. I fell to the ground and the other man pulled me by my hair and told me to unlock the car," she said.
Dallas police said Sayles and Frederick Anderson are the two men who pounced on Smith.
Sayles showed no emotion in court as she testified against him.
She said the men drove her to a remote area where they raped her at gunpoint. She told the jury they discussed how they would get rid of her, whether they should drown her.
Smith testified that they threw her out of the moving vehicle and picked her up several times.
"The passenger side man with the gun to my head threw me into a median, a concrete median. It crushed my knee," she said.
Smith was able to make a run for it after Sayles and Anderson stopped the car near Interstate 45 and Overton Boulevard in Oak Cliff.
They shot at her and the bullet pierced her colon. She fell in a ditch and though she refused to die she played dead. The men drove away.
Two Good Samaritans found Smith and took her to police.
"I sat there telling them I had been shot. I'm bleeding. I feel like I'm going to die. Could you please help me somehow?" she said.
It has taken nearly three decades for Smith to get justice.
Three days after her ordeal Dallas police pulled over Raymond Jackson and Curtis Williams. They had a woman in the car with them who accused them of rape so police believed they were also responsible for Smith's rape.
The men ended up accepting a plea bargain and got 10 years for raping the other woman and life in prison for raping Smith.
But this past spring DNA evidence cleared them of wrongdoing in Smith's case. At the same time it implicated Sayles and Anderson, who were already in prison for other offenses.
KDFW FOX 4
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