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Man released after murder charges dismissed in 2019 case

Anthony D. Johnson spent 27 months in jail in 2019 murder

YOUNGSTOWN — Anthony D. Johnson, 39, walked out of the Mahoning County jail Tuesday a free man after spending two years and three months there awaiting trial on aggravated murder and other charges in the 2019 South Side killing of Reshaud Biggs Sr., 33.

Earlier that day, Mahoning County Common Pleas Court Judge John Durkin signed an order dismissing the charges against Johnson and ordering Johnson released as far as the murder case is involved. Charges in the case can be submitted to a grand jury later for possible re-indictment and prosecution, the filing states.

The dismissal came about after Mahoning County prosecutors filed a motion last week asking for the charges against Johnson be dismissed while revealing that federal law enforcement authorities executed a search warrant at the home of a Youngstown police detective in recent months who worked on the Johnson case.

That filing by Mahoning County assistant prosecutors Anissa Modarelli and John Juhasz stated that the prosecutor’s office does not know what was seized at the residence, despite repeated attempts to ask officials with the U.S. Department of Justice for that type of information.

The filing explains that there is a connection between the serving of a search warrant at the detective’s home and the dismissal of the murder case. It is the obligation imposed on the Mahoning County Prosecutor’s Office to divulge information it has in its possession regarding people connected to a criminal investigation, including law enforcement officers.

DISCLOSURE REQUIREMENTS

As explained by a web page for the National Association of Attorneys General, case law from landmark U.S. Supreme Court cases such as Giglio v. United States established that “there must be a timely disclosure to the defendant of favorable material information that is known to the government, such as information that could negate guilt or affect punishment.”

It “extends … to include the responsibility to disclose information that could (discredit) a witness, typically a law enforcement officer or an informant.”

The new filing states the search warrant episode has not revealed anything to cast doubt on the detective’s work on Johnson case, but the case was set for trial Monday.

“There would be no disclosure requirements that can be made by this Prosecutor’s Office,” the filing states. The fact of the search warrant having been executed “is not evidence of any crime, bad acts, improper motives or other” evidence favorable to the defense, the filing states.

Nonetheless, “The Mahoning County Prosecutor’s Office is unable to say with confidence, at this time, that evidence favorable to the defendant material guilt or punishment does not exist, particularly as it relates to (the detective) and (his or her) investigation.”

Prosecutors on Feb. 27 filed a motion asking Durkin to postpone the trial because of the issue involving the detective. “This office is awaiting additional information regarding the outcome of said investigation,” the motion stated.

The filing mentioned that prosecutors had spoken with federal authorities to try to learn whether officials had any evidence that prosecutors would be required to disclose under the Giglio ruling and other case law. But federal officials only said they would “reply when they could.”

The prosecution filing asking for dismissal of the case noted that it was “understandable” that Durkin would not postpone the trial “in light of the age of the case.”

2023 INDICTMENT

Johnson was indicted on charges of aggravated murder, murder, being a felon in possession of a firearm, improperly handling firearms in a motor vehicle and multiple gun specifications in December of 2023 and was arrested at that time. He has remained in the jail since Dec. 14, 2023, according to jail records.

At the time, Capt. Jason Simon. then head of detectives for the Youngstown Police Department, said a detective followed up on a tip that led to Johnson’s indictment in the Biggs cold case.

HOMICIDE

Biggs, of Boardman, was found at 3:10 a.m. in a car parked in the 300 block of East Lucius Avenue on the South Side, according to Vindicator archives. He was breathing when paramedics arrived.

Then-police chief Robin Lees said someone in another car fired at the car Biggs was in as it was parked in front of a home. Biggs was the only person in the car.

Police said in 2019 that officers received a 911 call from someone in the area and that is when they found the car and Biggs.

Johnson was sentenced to five years in prison in July 2021 in Mahoning County Common Pleas Court in a 2017 robbery and a 2018 robbery. Johnson was the driver of the car in both robberies committed by another man, according to Vindicator files.

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