This case illustrates a legal challenge where a defendant who accepted a plea deal for a lesser offense faces new charges after the victim dies from their injuries, raising questions about whether the original plea agreement should have included provisions for potential future charges and whether the prosecution can pursue increased charges after a court has accepted a negotiated guilty plea.
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Man indicted for murder after already taking a plea deal in Corryville shootingAdded:
A Cincinnati man already serving prison time for a Coryville shooting is now facing a murder charge after the victim later died from his injuries.
>> Yeah. The shooting happened in a Walgreens parking lot in 2022. The victim, Brendan Doherty, died last summer.
>> Ellie Hanner joins us with the details in the case.
>> Yeah, good evening Rob and Trisha. So Richan Walker is in the Hamilton County Jail facing two counts of murder in connection to the death of Brennan Dohy.
Now, Brennan, as you said, Rob died last summer. Now, Walker's attorney has filed a motion to dismiss those charges, claiming that they never were notified during their plea agreement that increased charges were possible in the future if the victim were to die. Sean Walker has been serving a 5-year prison sentence for Felonia's assault after taking a plea deal in connection to a shooting in the parking lot of a Walgreens on West Corey Street in August of 2022. The victim, Brendan Dohy, became a quadripollegic due to the shooting and died last summer. Now, Walker has been indicted for murder.
>> His attorney has put forth a motion before Judge Melba Marsh.
>> Walker's lawyer, Joshua Evans, claims the state cannot indict a defendant for murder after the court has already accepted a negotiated guilty plea to a lesser offense. The defense attorney now is claiming that he wasn't notified like he should have been that he could be facing a murder charge later on.
So that's what this is all about now.
>> Walker's lawyer says he was not notified in his plea bargain that he could later be charged with murder if the victim later died from his injuries in the shooting. So, could the judge potentially accept his motion to dismiss these charges?
>> Yes, she could. Then it could be it could be appealed to the court of appeals or even go to the Supreme Court, which something like this would have that potential because it's pretty serious thing.
>> According to the motion, Walker's attorney says it had to be on the record at the time the plea agreement was made.
He claims it wasn't. Now, if she does allow the murder charges to go forward, I could foresee an additional issue as to being whether the gunshots directly caused the death of the alleged victim two or three years later, three or four years later.
>> The Hamilton County Coroner's Office ruled his death was the result of the gunshot injuries, according to court records, but they do not specify the direct cause of death.
So, Judge Marsh will have to decide if the state can proceed with these increased charges of murder. So, still a lot up in the air at this point in the case. We'll know more once Walker is arraigned this Friday at 8:30. For now, live with photojournalist Chris Waldman, Ally Henard, Fox 19. Now ally thing.
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