Protesting for justice

SANDUSKY — Protestors assembled at Erie County Courthouse on Friday demanding justice for DeWitt McDonald Jr. Holding signs and chanting "no justice, no peace," protestors called for Erie County Prosecutor Kevin Baxter and Ohio assistant attorney general Micah Ault to abide by Judge Tygh Tone's order to release McDonald from prison. Baxter had previously recused himself from the case. McDonald, 57, has been incarcerated since his 1995 conviction for complicity to aggravated murder and three other felonies. There's an ongoing dispute between attorneys representing DeWitt and the attorney general's office over McDonald's parole eligibility; Defense attorney Kim Corral argued he'd been eligible for parole after 20 years and Tone had previously made a court ruling affirming that opinion. On Tuesday, Tone granted a habeas corpus request filed by McDonald that called for his "immediate release" from Richland Correctional Institution. But that hasn't yet happened, as the attorney general's office seeks to appeal the ruling. Friends, family and supporters of McDonald called on state authorities to release DeWitt. Meanwhile, loved ones of slain woman Vivian Johnson, including those present when shots rang out, said they believe McDonald should remain behind bars. 'A corrupt system' Ayanna DeVese held a sign saying, "He is not a number. He is my uncle." McDonald has been incarcerated since before his niece's birth. "Do what's right," DeVese said, when asked what she would tell the attorney general. "Let my uncle out as the order says." Daryl Murphy, president of the Sandusky chapter of the NAACP, said the attorney general should follow the judge's order. "How can you stand in the way of justice?" he asked. Murphy expressed disgust with Ohio's criminal justice system. "He works for the attorney general," Murphy said, referring to RCI Warden Kenneth Black, "and they work for a corrupt system." Murphy said McDonald's supporters are cognizant of Vivian Johnson's family's loss, but he believes McDonald was railroaded by Baxter during trial. Lisa McDonald, DeWitt's sister, said she would tell the attorney general, "You know you are holding him unlawfully. Follow Tone's order for immediate release now." McDonald's sons, DeWitt McDonald III and Dominique McDonald, also called on state officials to follow Tone's order. DeWitt McDonald III said the assistant attorney general and RCI warden should "do their jobs." He added, "let my dad go." He said he shed tears of joy when the writ of habeas corpus was approved. "We came here to hug our dad without prison clothes," he said. Dominique said officials should follow the constitution and uphold the law. "There was a ruling. It should be followed," he said. Court conflict On Friday, a state appeals court granted a request by the attorney general's office to stay Tone's order while they file an appeal, meaning the release order is on hold while the appeal is active. The attorney general's request for leave to appeal was also granted Friday. According to Tone, DeWitt's sentencing states he should have been eligible for parole after 20 years. The Ohio Attorney General's office argues the wording of his sentencing was "ambiguous" and is arguing to keep him incarcerated. Since Tone's order on Tuesday, Corral and hee state have filed a series of motions, objections and appeals against each other concerning McDonald's release. The state argues that Tone's order is void because it was filed in Erie County, and not Richland County, where McDonald is incarcerated. The state also says that McDonald's habeas corpus is invalid because he hasn't served his max sentence. While DeWitt might have been held past his parole eligibility — and not been given an opportunity for a hearing — the state says a habeas corpus only applies to inmates being held past their maximum sentence. Dewitt's maximum sentence is life, making habeas corpus, the state argues, inappropriate in his case. In their appeal notice, the state also questioned whether Tone has the power to "unilaterally decide" to release an inmate. "Before a man convicted of aggravated murder is released from prison this court should be permitted to fully consider whether courts of common pleas have the authority to unilaterally decide whether an inmate serving a life sentence may be unconditionally released," the appeals states. McDonald was convicted of attempted aggravated murder and complicity to aggravated murder, along with two lesser felonies, according to state prison records. He was not convicted of aggravated murder, and it's not clear why this line of the state's appeal does not make this distinction. "I just want her to have peace" Vivian Johnson was 28 when she was killed. Provided photo/Shaquilta Johnson McDonald's conviction stems from the 1994 murder of 36-year-old Vivian Johnson, who her family described as a bright woman. On June 6, 1994, Johnson was shot in a drive-by while sitting in a car parked outside of a house on East Parish Street. She was flown by helicopter to Cleveland Clinic and died three days later. Vivian's younger sister, Tammie Johnson, said she was in that house when it happened. She had stopped by the house that night to say goodbye to a friend before she left for California. Vivian stayed in the car to wait for her. Tammie said she heard what she thought was firecrackers just outside the house, then a bullet flew past her. Tammie was the first person to reach Vivian. "She was in the same position in the car as when I left her," Tammie said. "I touched her face and the blood went through my fingers and I picked her up out of the car. Someone called the ambulance and I can't remember after that, I was in shock." "I kept thinking I'm gonna wake up, it's a dream, it's a dream, it's a dream, but I never woke up," Tammie said. "I couldn't believe it had happened." Tammie said Vivian was braindead in the hospital, and if she had woken up, she would have been paralyzed. "My mother said Vivian wouldn't want to live like that, it was the hardest thing," Tammie said. "I just want her to have peace." Tammie said her older sister was her mentor and her friend. Tammie said Vivian was a social butterfly; everyone knew her and everyone loved her. Vivian's funeral was overflowing with friends and family. "My sister was so popular and outgoing," Tammie said. "We always had fun every time we were together, she was beautiful." Vivian had a talent for makeup and style. Tammie said Vivian easily could have moved to a bigger city to use those skills but chose to stay in Sandusky with their mother. "She was outgoing and beautiful and she was a happy person. When she walked into a room that room lit up," Tammie said. "People would go to her when they wanted to look beautiful. She could buy an outfit at Kmart and it would look like it came off the Nordstrom Rack. "She loved her family and was loved by so many," added Vivian's daughter, Shaquilta Johnson. Tammie said that news of McDonald's possible release devastated their family. "We just want justice," Tammie said. "We want him to sit and do his time, he did a crime and he's guilty and needs to pay for it." Shaquilta said her family is drained, Tammie said they just want to let Vivian rest. "I want him to do every minute of his time in prison for what he did to my mother," Shaquilta said. "Me and my family are mentally and emotionally exhausted. "Our family was violated by him," Tammie said. "We don't want sympathy, we want him to do his time," Tammie said. "People should be honest with who they are within themselves."