A mother is begging social media for justice after the case of a man who allegedly molested her 8 year old boy has been dismissed.
The mother of the victim, Kelly Jo Marshall is begging the public for help getting justice after the man who allegedly molested her son had his case dismissed.
On February 6th, a man named Gregory Michael Johnston was charged with six counts of child molesting as a Level 1 felony and one count of dissemination of matter harmful to minors, level a 6 felony.
On the very same day he was arrested, Johnston posted the bail of $15,000 for his crimes, and was released.
In a motion to dismiss, deputy prosecutor Emily Hall writes that the
“state has been informed that the victim is unavailable to testify and does not know when the victim will be available to testify”
In a statement to media, Prosecutor spokeswoman Jess Powers said the decision to delay prosecution was made
“upon recommendation of the therapists and community partners involved in this case. The State of Indiana was forced to dismiss the case without prejudice in hopes of re- filing charges in the future. The ultimate goal of our office is to hold any criminal wrong-doer to justice, however the health and well-being of our victim is of the utmost important and must take priority”
Tammy Rivera posted about the case on social media to her 6 million+ followers to try and get the public to help:
The incident allegedly happened at Lil Piggies Child Care at Johnston’s home on the East Side. The victim also told investigators that Johnston showed him child p*rnography on his phone.
Johnston’s attorney, Glenn Grampp said the case was dismissed without prejudice, meaning it can be filed again.
“Some of the allegations frankly didn’t make sense,” Grampp said, pointing to accusations made in the probable cause affidavit. “They just weren’t accurate. There was going to come time a when the rough had to meet the road, when we have to take depositions and other evidence comes up. There were a lot of inaccuracies.”
He said they had trouble with discovery and getting depositions taken into the case. He continued:
“That case was never what was it played up to be,” he said. “It never was. The facts were never as they were alleged to have been in the (probable cause affidavit). These types of allegations are horrendous. But if you don’t do something, if you didn’t commit the crime, that stain is left on your character for a long, long time. If the mother is out there playing that tune on social media, I can’t prevent her from doing that.”