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Federal judge to consider dropping charge against man who killed officer
Posted: 02.09.2011 at 10:40 AM
Updated: 02.09.2011 at 12:40 PM
Victoria Spechko

In 1998 Victoria was named Assistant News Director/Reporter for the Myrtle Beach bureau and in 1999 became News Director.

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FLORENCE -- Brady Johnson, who was convicted last December of involuntary manslaughter in the death of Florence police officer Matthew Clayton, was in court Wednesday morning on a federal firearm charge he faces.

In January, US Attorney William Nettles filed a motion to dismiss that federal charge.

Wednesday, Federal Judge R. Bryan Harwell heard the motion and will take it under advisement. He did not give a time frame on when he'll rule on the motion.

Johnson shot Clayton in Clayton's Florence home in February of 2010. He's serving a five year prison sentence on the manslaughter charge charge. He was sentenced to two years for a state firearm charge, but the sentences are being served consecutively.

In his motion, Nettles asked the court to dismiss the federal indictment against Johnson, which was filed on April 13, 2010, charging him with possession of a firearm after having been convicted a prior charge of forgery. The motion states that the federal indictment should be dismissed because Johnson pleaded guilty to the related state charges and received the maximum sentence under state law.

We'll keep you updated on what happens here on CarolinaLive.com and on NewsChannel 15.

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