A judge issued a nolle prosequi in Longwood junior forward Shaquille Johnson’s October 27 case, which literally translates, “we shall not prosecute,” according to Va. Law.
The law states that a dismissal by nolle prosequi is different from an acquittal. If a defendant is acquitted then they cannot be prosecuted again, but if a nolle prosequi is issued, double jeopardy doesn’t apply. Which means an individual can be tried a second time for the same offense.
Johnson was arrested September 9 on a class-3 felony charge of malicious wounding to Hampden-Sydney College student, Aaron Doman. Assistant Commonwealth Attorney Morgan Greer told The Rotunda Doman did not show up to court, which is the sole reason why a nolle prosequi was issued. According to Greer, Doman was expected to be in attendance. “What happened is that the victim was not present, and we could not go forward without our victim being present,” Greer said.
He also made a point to say, “It was not because of a lack of evidence.”
He continued, “A magistrate reviewed probable cause when the warrant was issued, and determined there was sufficient probable cause [to issue the warrant].”
According to Greer, “the only reason” a nolle prosqui was issued is because the victim did not attend court.
The Rotunda was present in the courtroom while Doman’s name was called loudly over 10 times by Johnson’s defense attorney Yvonne Schewel.
Greer said he would be contacting Doman “very soon” to see why he was not present. He added that once he gets in contact with the victim, they would consider directly indicting to the term of court in circuit court, which is where the case, if it proceeds, will ultimately be tried.
Greer told The Rotunda that he sent the officer involved in the case to look for Doman, but he was deemed to be officially not in attendance. “We had two courts running today so I could not [personally] look for him, but we were not aware of where he was.”
Greer wouldn’t comment on the strength of the case at the moment, but did say, “The nolle prosequi does not influence it at this stage. It can be brought back. In fact, it is likely to be re-indicted at the term of court.”
The Rotunda reached out to Longwood Director of Athletics Troy Austin for comment who responded with a statement via email. “We are pleased that the legal situation involving men’s basketball player Shaquille Johnson has been resolved. This was a complex matter that we did not take lightly, but we felt that the facts of the case would ultimately lead to the proper outcome. Shaquille has handled himself incredibly well throughout the process, and Coach Gee, myself, and the university are satisfied that he can now return to the court with his teammates.”
According to Assistant VP for Athletic Communications Chris Cook, Johnson has not been practicing since the charges were filed.
Greer said that Nov. 18 is the next term of court, and that the case could [possibly] be brought back that day, or a later date, but he wasn’t positive.
The Rotunda asked both Johnson and Schewel for a statement about the ruling, but both replied saying, “No comment.”
The Rotunda will update the story with future developments, including possible further discipline from the team, and if the prosecution plans to pursue further indictment.
