The 24-year-old man who was arrested after a 74-year-old woman was choked and sexually attacked just steps from her New York City home says he is suing the NYPD after his charges were dropped.
Joshua McCallum is filing a $1 million suit against the city after rape, sex abuse and burglary charges against him in the Aug. 18 attack were dropped. The man, who denies any involvement in the attack, told News 4 he's been fired from his job and has been barred from seeing his son by his mother even though the charges were dismissed.
"I'm going to have to live with this forever," he said. "I'm always going to have to explain this to everyone."
McCallum turned himself into police after surveillance footage of him in the woman's building was released by police after the woman was attacked by a man who followed her into her building elevator, got off on her floor and sexually attacked her four feet from her front door. He said he didn't deny that was him walking into the building, but he was doing so to smoke marijuana without being seen.
Not long after he was arrested, McCallum was released from custody. Sources familiar with the case told News 4 the charges were dismissed because the woman -- who described the attack in chilling detail in August -- suffers from dementia and is no longer able to participate in the investigation.
But McCallum's attorney, Neil Wollerstein, said the case had problems from the beginning.
"She described the perpetrator wearing a white shirt and blue jeans," he said. "NYPD before the arrest has a video of Joshua wearing a black shirt and black shorts."
The District Attorney's office said it is not looking for additional suspects in the case, however, the NYPD said it still believes they arrested the right person in the case.
But McCallum said "they made a mistake and they can't own up to it."
News 4 has reached out to the city Law Department for comment.