FLORENCE --
Federal documents show Judge R. Bryan Harwell dismissed the indictment against Brady Johnson without prejudice two weeks ago.
In January, United States Attorney William Nettles filed a motion in district court in Florence to dismiss a federal firearms charge against Johnson.
In December, Johnson pled guilty to involuntary manslaughter in the death of Florence police officer Matthew Clayton. Clayton was shot to death in his Florence home last February.
A judge sentenced Johnson to five years in prison on the manslaughter charge. He gave Johnson two years for the firearm charge. The sentences are to be served consecutively.
According to the motion, Nettles asked the court to dismiss the 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.
Federal documents say in the event of a change of circumstances or new evidence is discovered within the statute of limitations person, Johnson can be re-indicted for the same offense.
