BORDERLAND

Judge dismisses charges for 2nd man in shooting

7/23/2014

For the second day in a row, criminal charges were dropped because a witness said he could not positively identify the defendant in the case.

Lucas County Common Pleas Judge James Bates on Tuesday dismissed charges of felonious assault, discharging a firearm over a public road, and improperly discharging a firearm into a habitation that had been filed against Robert Sherman, 19, for a May 15 incident in which Breon Strozier, 18, was shot in the back at Elm and East Hudson streets.

Mark Herr, an assistant Lucas County prosecutor, asked for the dismissal, saying the victim was unable to identify who shot him.

On Monday, Judge Stacy Cook dismissed a charge of improperly discharging a firearm against Jordan Strong, 23, after prosecutors said a witness who had previously identified him in a photo array arrived for the trial and said he was not the shooter.