Judge’s rulings affect criminal cases

LISBON — A judge has overturned a guilty plea in an assault case involving a policeman and suppressed a defendant’s statement in a child sex abuse case because of improper action by law enforcement officials.

Columbiana County judges have issued four such rulings against four separate police agencies since last November.

The latest rulings came earlier this week by Judge David Tobin of common pleas court.

He overturned the guilty pleas of David Shaw, 42, of Lisbon, who was charged with assault and driving under the influence on Nov. 26, 2005. Both charges are felonies.

Shaw allegedly fought with Lisbon Patrolman Michael Wherry after Wherry stopped Shaw’s vehicle.

Shaw pleaded no contest and was found guilty. In late 2006, he was sentenced to serve a total of two years in prison but was free pending appeal.

Charles Bowers of Lisbon, a civilian who was riding with Wherry, gave a much different version of what happened that night to Shaw’s lawyer.

Bowers stated that he came forward after he ran into Shaw and asked him what had happened to his case.

Bowers stated he and Wherry did not see Shaw driving at all, much less driving erratically.

Judge Tobin wrote that Bowers’ testimony, “calls into question the credibility of the officer and this court’s determination that there was probable case for the initial stop and arrest of the defendant.”

The judge noted that Wherry never mentioned his passenger in court or in police reports.

The judge said Wherry should have told the prosecutor about Bowers, who was a potential witness for the defense.

For the complete story, see Friday’s Vindicator and Vindy.com.