DENTON, Texas — The Denton County District Attorney's office has filed a notice of appeal in a murder case thrown out after a judge cited "evidentiary failings" on the part of the police department, a spokesperson said.
A Denton County judge dismissed the case against Brandon Johnson earlier this year after several lengthy delays and what the DA's office called "negligence" on behalf of the Lake Dallas Police Department.
Johnson -- and two others -- were arrested on charges tied to the killing of Michael Darrough, 38, in February 2021. Lake Dallas police said Darrough was found shot in the parking lot of the Lakeshore Apartments on Swisher Road.
"It’s heartbreaking. Some days are good. A lot of days are bad," said Kameshia Gee, who had two kids with Darrough. "It's been hell. It really has."
She said she couldn't believe it when she heard the judge had thrown out Johnson's case and let him out of jail.
"I’m devastated," she said.
Johnson's attorney, Rebecca Lively, said LDPD was not turning evidence over to the district attorney's office, which in turn was not then able to pass it along to her. The delay stretched for years, she said.
On Feb. 1, Judge Steve Burgess ruled in favor of Lively's motion to dismiss "due to due process violation," records indicate. He described the police department's conduct as "reckless," according to attorneys on both sides.
Lively said Johnson was "in tears" as the judge made the ruling.
"He maintained his innocence from the beginning," Lively said. "There is a very good chance that Brandon could be spending the rest of his life in jail because of the tunnel vision of a couple of detectives who just didn’t feel like doing the actual work."
The Lake Dallas Police Chief declined to comment on the case, citing the pending appeal.
"It’s devastating. We are here to seek justice and to get justice for victim’s families. Somebody was literally executed out in a parking lot and we can’t move forward at this time because of these issues," First Assistant District Attorney Jamie Beck told WFAA in February.
She said the DA's office has since filed a notice of appeal, but fully adjudicating through the appellate process could take months.
Gee said she's prepared to fight for the case as long as necessary.
"I'm trying to be as strong as I can," she said. "I don't have much to offer my kids, but just justice for their dad. And maybe they can get some type of closure," she said.