Charges dismissed against 2 men in murder of Jefferson County Sheriff's Deputy Brandon Shirley

LOUISVILLE, Ky. (WDRB) -- Murder charges against two men who allegedly shot and killed Jefferson County Sheriff's Deputy Brandon Shirley in August 2021 were dismissed Thursday.

First Assistant Commonwealth's Attorney Elizabeth Jones Brown filed a motion to dismiss charges against Jesse Johnson and Marquis Mitchell, saying in part that "issues have arisen that deserve further consideration and, in some instances, further investigation."

In an interview, Jones Brown said the Louisville Metro Police Department and Shirley's family have been involved in discussions and that the men can be re-indicted at a later date.

Defense attorney Sheala Seadler said her client, Johnson, has an alibi and clearly was not involved in the murder.

"The bottom line is my client didn't do this," she said Friday.

Seadler said Johnson was on Facebook messenger and then a Facebook phone call at the time the killing occurred.

Mitchell was released from jail after being incarcerated for three years on the murder charge. Johnson is still in custody on other charges.

Seadler said there were many people interviewed by police for the murder but officers focused on Johnson at the exclusion of better suspects.

"I'd like to find out who did it, but I know my client did not," Seadler said.

Attorney Larry Simon, who represents Mitchell, said he believes "in my client's innocence" and hopes Shirley's family is able to get answers as to his murder.

Erran Huber, a spokesperson for the Jefferson Commonwealth's Attorney's office, said, "We have weighed the wishes and needs of the family of Deputy Brandon Shirley, as well as those of his colleagues in law enforcement.

"Those are not lost on us. But, we must also protect the rights of all parties involved and afford due process. That, too, is in the interest of justice."

While calling it a "difficult decision," Huber added that "should new evidence against the indicted defendants arise we will vigorously pursue prosecution again."

An LMPD spokesperson said the department respects the court's decision.

"LMPD is committed to continuing the investigation and pursuing justice for Brandon and his family," spokesperson Sgt. Matt Sanders said. "The case remains open and active within our Public Integrity Unit."

In a statement through attorney Sam Aguiar, Shirley's family said they are "heartbroken and deeply frustrated following the dismissal of charges against the two men accused of his murder."

The statement said the family is now calling for a "renewed and thorough investigation.

"This is not just about seeking justice for Brandon. It's about ensuring that no other family has to endure what we're going through," the family said in the release. "Our son dedicated his life to serving and protecting others, and he deserves a real investigation by people who genuinely care about finding the truth."

Shirley, 26, was working off-duty security at the Rockford Lane Auto Sales near Shively, when he was shot and killed about 2:30 a.m. Aug. 5, 2021. He died at the hospital.

At the time of the arrests, then police Chief Erika Shields said that LMPD was committed to hold someone accountable for what she called a "senseless and heinous act." She thanked the Public Integrity and Homicide Units for closely collaborating with the ATF and FBI.

Shields also recognized help from the U.S. Marshal's office in apprehending one of the "violent suspects" on Wednesday with help from the Floyd County Sheriff's Department and the New Albany Police Department.

LMPD initially said Shirley was targeted and ambushed. A few days after the shooting, police released a surveillance image of a 2002-05 GMC/Chevy truck that investigators said could have been connected to Shirley's murder.

The Shirley family said at the time that investigators also suggested that his death was the result of a robbery, a carjacking or even an "accidental shooting."

In the statement Friday, the Shirley family said, "We need someone with the passion and determination to truly see this through. Brandon was a son, a brother, and a friend to so many. He mattered. And we will not stop until his killers are held accountable."

The statement said the family is disappointed with the case handlings so far and is calling on agencies to "leave no stone unturned."

The family plans to add $10,000 to an already existing $75,000 reward for information that leads to the conviction of the person(s) responsible.

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Charges dismissed against 2 men in murder of Jefferson County Sheriff's Deputy Brandon Shirley