Prior to the sentence being handed down, Johnson’s lawyer, Laura Woodruff, told Clark County Common Pleas Court Judge Douglas Rastatter that prison wasn’t the place for him.
“Marcus needs help, not punishment,” Woodruff said in court. “And I think there’s certainly an aspect of this that could be construed as just a person behaving badly. That is really not what we’re looking at, and that is not Marcus.”
» MORE COVERAGE: Ex-Clark County deputy accused of sex acts with two inmates in county jail
Johnson apologized and asked the judge for mercy — if not for him, for his two young daughters.
“I feel like probation is the way to go for me, especially being very involved in my kids’ lives. That’s my main concern at this point,” he said.
Johnson admitted to having two female inmates in the Clark County Jail perform a sex act on him while the women were incarcerated and Johnson was a deputy working in the jail.
He was originally arrested in connection to the incidents on Dec. 31 and resigned from his position.
Johnson was originally charged with two counts of sexual battery, but pleaded guilty to a lesser charge of one count of gross sexual imposition.
Clark County Assistant Prosecutor Megan Farley told the judge before sentencing that this case was bigger than just someone committing a crime. The prosecution recommended time spent in prison for Johnson.
“In this case, the defendant did more than just commit a sex act. He violated public trust,” Farley said. “Law enforcement officers every day face an uphill battle of trust in the community, and what this crime did was make it harder for every single one of those law enforcement officers in this community to be trusted.”
» IN-DEPTH: Documents show ex-Clark County deputy had checkered past
She also said due to Johnson’s position as an authority over the female inmates, the sex acts could not have been consensual.
“These victims were in a position where they couldn’t say no. They couldn’t say no. They were in a position where they weren’t allowed to,” Farley said.
Judge Rastatter said he considered a lot of factors when making a sentencing decision including no prior criminal record, what he felt to be genuine remorse for the crime, Johnson’s two daughters, and Johnson’s previous education and employment — but he said he was also not dismissing the fact that for Johnson’s position, the crime wouldn’t have happened.
Rastatter also said he wanted to make it clear that even in Johnson’s role as a sheriff’s deputy, he did not know Johnson prior to his criminal case.
Rastatter sentenced him to three years of community control.
As part of Johnson’s sentence, he’ll also be classified as a Tier 1 sex offender. He’ll have to register with the sheriff’s office in the county he lives once a year for the next 15 years.
After sentencing, Farley said the sentence was not what the prosecution had asked for, but respected the judge’s decision.
She repeated the point made during the hearing that the case definitely did its damage in the public eye.
“It made it harder for all of the deputies that still work in the jail to do their jobs at the high level they do, to serve our community — and frankly, I think this undermined all of the work they do,” she said.
Woodruff, Johnson’s attorney, said even though some people may view Johnson’s sentence as ‘light,’ she said the case will follow him for the next 15 years. She also added that she has full confidence that Johnson will continue to be a productive member of society, as well as a good father.
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