Judge rules lack of evidence in murder case after witness refuses to testify
Sep. 2—Lack of evidence could lead to the release of a man charged with murder in the 2011 death of a 2-year-old.
Special District Judge Robin Adair ruled Wednesday that there is insufficient evidence for the state to proceed with the case against C.L. Johnson, 30, charged with first-degree murder in the killing of Ja'Cion Logan, 2, on Dec. 21, 2011.
"The judge ruled that there was not enough evidence to go forward with a trial," said Muskogee County Assistant District Attorney Larry Edwards. "I have started the appeal process, it's called a Rule 7 — you appeal an adverse ruling from a magistrate or judge."
The change in evidence stems from a plea agreement with Ezzard Onebear, 27, who shot and killed Ja'Cion. According to court documents, Onebear stated under oath that Johnson wanted Onebear to take care of some "business" for him — stating that the "business" was to kill Cassandra Logan, the mother of the 2-year-old.
Onebear testified Johnson said he would pay him $2,500 to complete the task, but was ultimately paid $1,000.
"It's a little bit different here in Muskogee," said Edwards about the appeals process. "We're in the 15th judicial district, and so the appeal could go to a judge outside of Muskogee. Judge Mike Hogan is the presiding judge in Pittsburg County and he then assigns it to a district judge, normally not one of ours.
"You can't select one of ours because they might hear the case."
The case against Onebear was continued numerous times until Sept. 19, 2016, when Onebear accepted a plea to a lesser charge of second-degree murder, with a sentence of life in prison with all but first 25 years suspended, in exchange for his testimony against Johnson.
Last July, while being interviewed by prosecutors prior to Johnson's preliminary hearing, Onebear informed prosecutors that he would not testify against Johnson. He was told that that would be a breach of his plea agreement and would void the sentence of life with all but the first 25 years suspended. As part of the agreement, by failing to testify, the charge of second-degree murder against Onebear will be amended to first-degree murder. He faces up to life in prison without the possibility of parole.
Onebear told prosecutors they needed to do what they need to do, but he would not testify. When prosecutors told Onebear he could be charged with first-degree murder, with a maximum sentence of life without parole, Onebear once again said he would not testify.
Without Onebear's testimony, Adair believed the case was not strong enough to go to trial.
Edwards said he will be filing the appeal that questions Adair's decision.
"At the appeal, the judge reads the transcript from the hearing and decides whether Judge Adair was correct in his ruling or not," Edwards said. "I have five days to get the appeal rolling, and it has to be heard in 20 days."
While waiting for the appeal process to run its course, Johnson is serving his time in the Department of Corrections after being convicted of trafficking in illegal drugs, possession of a firearm after a former felony conviction and child abuse. He is serving his sentence at North Fork Correctional Center in Sayre.
