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The case against Gregory Johnston, accused Evansville child molester, dismissed
The charges against an Evansville man accused of sexually assaulting a child at his wife's daycare have been dismissed, the man's attorney said.
The case against Gregory Michael Johnston, 38, was dismissed without prejudice, meaning the case could be filed again, Johnston's attorney Glenn Grampp said.
The mother of the reported victim, Kelly Jo Marshall, has spoken out emotionally on social media saying she's angry and wants justice for her child.
Johnston was charged in February with six counts of child molesting as a Level 1 felony and one count of dissemination of matter harmful to minors, a level 6 felony. He posted a $15,000 cash bond the same day he was arrested, according to court records. Grampp said his bond and Johnston's obligations to home detention have all been released.
In a motion to dismiss, deputy prosecutor Emily Hall writes that the "state has been informed that the victim is unavailable to testify and does not know when the victim will be available to testify."
In a statement to media, Prosecutor spokeswoman Jess Powers said the decision to delay prosecution was made "upon recommendation of the therapists and community partners involved in this case."
"The State of Indiana was forced to dismiss the case without prejudice in hopes of re-filing charges in the future," the statement read. "The ultimate goal of our office is to hold any criminal wrong-doer to justice, however, the health and well-being of our victim is of the utmost importance and must take priority."
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