SANDUSKY, Ohio (WJW) – The FOX 8 I-Team is investigating a growing movement to get a convicted killer out of prison, but family members of the victim are fighting to keep him locked up.
Erie County Common Pleas Court Judge Tygh Tone on Tuesday ruled that 57-year-old DeWitt McDonald Jr. should be released from prison.
McDonald was convicted of aggravated murder. Prosecutors say McDonald shot and killed Vivian Johnson in June 1994 while she sat in a parked car on East Parish Street in Sandusky.
Sharon McGill was also shot in the shooting, but she survived.
McGill and family members of Vivian Johnson spoke to the I-Team Friday. They said they were stunned when they heard the news that the judge ordered McDonald freed.
They said they were never given the chance to speak to the judge prior to the decision being made.
“To wake up and know this person is about to get out,” McGill said, as she fought back tears. “We didn't know anything about it.”
Louis Johnson said he was 15 when his mother was shot and killed.
“I just feel they took my mother too soon,” Johnson said. “I can’t visit her. She can’t be with her children or grandchildren. He shouldn’t get out.”
Even though the judge ordered McDonald to be released immediately, he remains locked up.
The Ohio Attorney General’s office filed an appeal asking to have the judge’s order stayed, meaning McDonald would stay in prison until the appeals court rules on the matter.
Late Friday, the appeals court granted the stay. It’s not known when a hearing will be held.
McDonald’s attorney believes he should have been released.
“I am disappointed for the sake of my client,” said Attorney Kimberly Corral. “On a deeper level, I am appalled at the flagrant disregard of the rule of law.”
Some of McDonald’s family members and friends protested outside of the Erie County Courthouse Friday urging officials to let the 57-year-old out of prison.
McDonald’s family says he served more than 25 years in prison. McDonald has maintained he is innocent of the crime.