Altering an indictment or prosecuting a case on charges that were not considered by a grand jury could result in criminal charges, according to officials.
Johnson’s case was assigned to Phillabaum and is to be tried before Butler County Common Pleas Judge Michael Sage. On Tuesday, a subpoena was sent to Phillabaum. It is unclear whether Phillabaum was the prosecutor who presented the Johnson case to the grand jury.
News of the subpoena and of Phillabaum’s firing surfaced Wednesday.
Gmoser was elected Tuesday night by Butler County Republican Party Central Committee to fill the unexpired term of former Prosecutor Robin Piper, who is now a 12th District Court of Appeals judge.
Phillabaum had run against Gmoser, who tallied 118 out of possible 235 votes.
Within hours of his appointment, Gmoser had terminated Phillabaum and replaced him with another losing candidate for the prosecutor’s post, Lance Salyers.
Salyers, a former assistant county prosecutor, resigned late last year after accusing Phillabaum of plagiarism. Gmoser said he hired Salyers Tuesday night, noting he believed the Monroe resident had integrity and talent.
“That is from my own experience as both a defense attorney and prosecutor. He has won my admiration,” Gmoser said.
Gmoser added he gave Phillabaum, who campaigned for more than a year to be prosecutor, a chance to resign or be terminated.
Phillabaum, who remained on vacation through Wednesday, did not resign. Gmoser said Phillabaum would receive his letter of termination today .
“I thought it was best for the prosecutor’s office to eliminate the tension that would be inevitable,” Gmoser said. “I did wish him well.”
Phillabaum said Wednesday, “Many doors will open when another one closes.”
He had no comment about the subpoena or the grand jury issue.
Johnson, 17, who is being tried as an adult, is facing three counts of felonious assault and two counts of aggravated robbery for a shooting that occurred Oct. 3 in Hamilton. Each charge currently includes a gun specification that would add an automatic three additional years for each charge if his is found guilty.
Contact this reporter at (513) 820-2168 or lpack@coxohio.com.
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