After a stint in the army, Cole returned to college at Texas Tech in Lubbock where a jury convicted him of rape, resulting in 25 years in prison. He was offered parole if he admitted to his guilt, but refused every time, sticking to his innocence. On December 2, 1999 he died during an asthma attack after 14 years in prison.
In 1995, Jerry Wayne Johnson admitted to the rape and the victim also claimed mistaken identity since the rapist smoked and Cole never touched a cigarette because of his severe asthma. Because of the evidence, the family and the victim sought to clear his name. They finally succeeded in 2009, reversing the charge and having Cole's record expunged. It was the first posthumous DNA exoneration in Texas.
The real rapist is serving life in prison because of two other rapes in 1985, but is not charged with the same case Cole was charged with because of the statute of limitations.
