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Douglas County Issues Arrest Warrant For Suspect In Mistaken Identity Case

By Karen Morfitt

DOUGLAS COUNTY, Colo. (CBS4) - The last eight months for Joshua McCay and his family can only be summed up in one way.

"It's just been this emotional roller coaster," Mccay said.

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(credit: CBS)

Suspects in a high speed chase with Douglas County Sheriff's deputies would pull McCay's name out of thin air and give it to investigators saying he was the driver.

Last week, one of those involved told CBS4 they made the whole thing up.

"Someone said 'Oh, since the cops do not know who was driving, let's just come up with a fake name, and we'll tell them it was him, and they'll never be able to catch the guy because he isn't real,'" she said.

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(credit: CBS)

Douglas County issued a felony warrant for McCay in September. When he learned about it a month later he turned himself in thinking it was likely a minor paperwork error.

He was arrested.

"That was the first night I spent away from my son… and it was in jail," McCay said.

He would spend the next several months, and thousands of dollars, trying to clear his name in court.

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(credit: CBS)

In March, under the threat of going to trial, prosecutors dismissed the case, but never revealed why.

"They never told us. They just said it was in the best interest of justice and just dropped it," McCay said.

CBS4 has now learned through court documents the actual driver, Aaron Yost, a registered sex offender who was also among the original three questioned by deputies, confessed around that same time.

A month after that confession the Douglas County Sheriff's Office is now issuing and arrest warrant for Yost.

"I don't think they were ever going to make an arrest," McCay said.

The warrant also reveals that it wasn't until Monday, two days after CBS4's original report, when investigators looked into McCay's alibi.

The court document says at that time they obtained his work schedule and FitBit records showing his sleep patterns the night of the chase.

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Josh McCay (R) (credit: CBS)

In a statement, a spokesperson for the sheriff's office says:

"We are taking this situation very seriously, and are looking into all the factors that led to the arrest of Mr. McCay."

McCay says the sheriff's office acknowledging what happened is start, but it doesn't explain how his life was turned upside down.

As far as those involved he has a message for them as well.

"To the kids that were actually in the car that night thank you for coming forward," Mccay said.

McCay was told he basically has no recourse against the county and will likely be out more than $15,000 he spent to defend the bogus case.

LINK: McCay GoFundMe Page

Karen Morfitt joined the CBS4 team as a reporter in 2013. She covers a variety of stories in and around the Denver metro area. Connect with her on Facebook, follow her on Twitter @karenmorfitt or email her tips.

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