33rd & Seward Obstruction Case Moves Forward
The trial for Demetrius Johnson’s obstruction case has been delayed about one month. It stems from the rough arrest caught on tape at 33rd & Seward on March 21st.Photo: Video by kmtv.com
The trial for Demetrius Johnson’s obstruction case has been delayed about one month. It stems from the rough arrest caught on tape at 33rd & Seward on March 21st.
In the video, a police officer takes down Octavius Johnson and his brother, Juaquez, takes video and cops chase him into a house. The third brother, Demetrius, was never seen in the video.
Two weeks ago, City Prosecutor David Smallheiser said he would not file charges against the brothers until after the criminal investigation against the officers was complete. But the Obstructing an Officer charge has been on the books since March 22nd, and has moved forward.
"I'm aware that it could've been dropped by now, and that's basically where I have to leave it for now," said Demetrius’ mother, Sharee Johnson.
Prosecutors asked for a 90 day continuance because the fired officers are the witnesses in this case. They didn't even invite the officers to show.
Judge Darryl Lowe granted a 28 day continuance saying, "The decision not to call the officers was premature."
Smallheiser said he wanted to wait for trial until after the officer's criminal investigation, but acknowledged he could've dropped the Obstructing and refilled it later, if needed. Neither of Demetrius' brothers has been charged...
"I feel like they should've been able to throw it out today. You don't have the officers present; their testimony is already tainted so how can you proceed with the conviction?" That’s my question,” said Robert Wagner, a police oversight advocate.
"We're tired of people having all the evidence in the world and get charged with it. We're tired of people being turned into criminals when the real criminals are the ones in the badge still walking the streets," said Deshawn Cunningham, a police oversight advocate.
The trial has been reset for May 21st.
Douglas Co. Attorney Don Kleine's Office said no decision has been made yet, and that no charges have been filed against the officers in the case.