A Bulloch County mother who spent more than 700 days in jail waiting for adjudication of charges stemming from the death of her two-year-old entered a plea on Tuesday.
In June of 2020, officers with the Statesboro Police Department responded to a call for a 2-year-old child who was not breathing. The child was later transported to a hospital in Augusta but died shortly thereafter. Detectives began an investigation and conducted multiple interviews as well as obtaining documentation on the child’s medical and family history.
According to an SPD press release, “A long period of work by Medical Examiners began in determining the cause and manner of the child’s death. After an exhaustive examination, the findings were turned over to the Ogeechee Judicial Circuit’s District Attorney’s Office along with SPD’s investigative files.”
In May 2024, under the administration of former District Attorney Daphne Totten, then 27-year-old Dorothy Deshay Johnson, the child’s mother, was indicted by a grand jury on the charges of two counts of Felony Murder, three counts of Cruelty to Children in the 1st degree, and Aggravated Assault (Family Violence).
The indictment alleged that on June 14, 2020, Johnson caused the death of Kaleb Johnson by “causing an inflicted traumatic brain injury upon the child in a manner unknown to the Grand Jurors.” Four of the six charges – both Felony Murder charges, the Aggravated Assault charge, and one of the Cruelty to Children charges – were based on the traumatic brain injury caused in a manner unknown to the grand jurors.
The indictment alleged two other counts of Cruelty to Children in the First Degree by Johnson for two other minor children causing “cruel and excessive mental pain” based on Johnson “murdering Kaleb Johnson” in their presence.
A grand jury bench warrant was issued and Johnson was taken into custody on June 4, 2024.
With the indictment coming nearly four years after the incident, TheGeorgiaVirtue reached out to the Statesboro Police Department about the case. At the time, SPD said in an email that Detective Eric Short was the case agent assigned to the case and had been since the incident occurred.
“In that period, he’s met and exchanged calls with representatives from the DA’s Office and Medical Examiner’s Office on multiple occasions. The DA’s Office was provided preliminary notes and investigative material during this period, but the finalized case file was not turned over to them until 5/24/24. The case was then indicted on 6/3/24.”
Johnson’s attorneys asked for bond on numerous occasions, but bond was denied by both Judge Gates Peed and Judge Matthew Hube. On at least one occasion, Judge Hube wrote that Johnson ‘posed a significant risk of intimidating witnesses or otherwise obstructing the administration of justice.’
Appointment of State Prosecutor
Following the defeat of Totten in the May 2024 primary election and the end of her term on December 31, 2024, current District Attorney Robert Busbee requested that the Prosecuting Attorneys Council of Georgia appoint a special prosecutor to handle the case based on a conflict of interest. As a result, the entire Ogeechee Circuit District Attorney’s Office was conflicted off of the case.
On January 28, 2025, Justin Mullis, an Assistant District Attorney who works for District Attorney Jared T. Williams in the Augusta Judicial Circuit, was appointed to handle the case.
The case lingered with status conferences and additional requests for bond for a little more than a year. It was scheduled for jury trial in December 2025 and again on May 18, 2026, but in late April, the prosecutor again requested a continuance.
Issues with Evidence
In April 2026, ADA Mullis filed a Motion for a Continuance, citing a number of evidentiary and logistical issues. Specifically, he wrote:
“During preparations for jury trial scheduled for May 18, 2026, Conflict Prosecutors discovered logistical and evidentiary issues and scheduling conflicts that no longer make the May 18, 2026 trial data attainable.
- After speaking with medical experts involved in the treatment of the victim in this case the State feels it necessary to re-indict this matter to charge in the alternative. The earliest date for Grand Jury to be in session is the first week of May 2026.
- After reviewing the completed evidentiary file provided by the Ogeechee District Attorney’s Office, conflict prosecutors determined that the video/audio recording of the defendant and witnesses are corrupted and have not been able to be rectified as of this date of this filing.
- After reviewing the completed evidentiary file provided by the Ogeechee District Attorney’s Office, conflict prosecutors determined that the cell phone of the defendant is corrupted and has not been able to be rectified as of this filing date.
- Although the State has attempted to review all six thousand eight hundred and fifty (6,850) pages of medical records provided by Defense Counsel to determine whether anything may be relevant to the prosecution or defense in this case, this task has not yet been completed.
- After reviewing the court schedules for the Augusta Judicial Circuit, it was determined that approximately four serious violent felonies are scheduled during the May 18, 2026 trial week, putting a significant strain on the resources of the Augusta District Attorney’s Office, while conducting a Murder trial in another Judicial Circuit requiring overnight stays.
- Additionally, on a personal note and not necessarily relevant to the Court’s analysis, Conflict Prosecutor, Justin M. Mullis, would likely be required to miss the graduation of his eldest son from Pre-Kindergarten.”
The filing went on to state that a status conference had been held with the court and that alternative dates in June and July were offered by the State.
In an April 29th Order, Judge Hube wrote that Dorothy Johnson had been incarcerated for nearly 700 days and the case had been pending with the conflict prosecutor for more than 14 months. Noting that the case was also on the jury trial calendar with a specific date for more than four months, based on a time the prosecutor had previously determined to be ‘perfect’ for him, Hube denied the request for a continuance.
Plea
On May 12, Johnson was scheduled to appear for another bond hearing, but entered a plea instead.
According to the plea sheet, Johnson was facing two life sentences plus 80 years. The plea was as follows:
Count 1: Felony Murder – nolle prossed
Count 2: Cruelty to Children (1st degree) – reduced to Cruelty to Children in 2nd Degree
Count 3 : Felony Murder – nolle prossed
Count 4: Aggravated Assault – nolle prossed
Count 5: Cruelty to Children (1st degree) – nolle prossed
Count 6: Cruelty to Children (1st degree) – nolle prossed
For Count 2, Cruelty to Children in the second degree, Johnson entered a guilty plea. She was subsequently sentenced to serve 5 years probation with credit for time served in jail dating back to June 4, 2024 (707 days in jail). She was also ordered to comply with the DFCS parenting plan and contact/visitation with her children was left up to DFCS. Cruelty to Children in the 2nd degree is a felony offense.
Through her public defender, Johnson requested to enter her plea under NC v. Alford and under the First Offender Act. Judge Hube denied both of those requests.
As of Tuesday evening, Johnson was no longer listed on the Bulloch County Jail website.
