A judge on Thursday dismissed an obstruction charge against Demetrius Johnson, one of three brothers arrested in an incident near 33rd and Seward Streets that led to the firing of four Omaha police officers -- two of whom have been criminally charged.
City Prosecutor David Smallheiser said he has yet to review Douglas County Attorney Don Kleine's investigation into the arrests.
He asked Douglas County Judge Marcena Hendrix to dismiss the charge against Demetrius Johnson, 22, without prejudice, meaning it can be filed again at any time.
Johnson's brothers, Octavious, 28, and Juaquez, 23, have not been charged in the case. Demetrius was charged because when he was arrested, he had an outstanding warrant for a littering offense.
"It's a small victory. . .but my son feels a lot of relief," said Sharee Johnson, mother of the men.
The March 21 events on Seward Street resulted in the firing of four police officers. Two have been charged with crimes.
Fired Officer James Kinsella is charged with felony evidence tampering and misdemeanor obstruction and theft. Kleine has said Kinsella admitted to throwing away a memory card containing video of the arrest of the Johnson brothers.
Fired Sgt. Aaron Von Behren faces two misdemeanor counts — that he obstructed a government operation and that he was an accessory to a felony. Von Behren is accused of trying to coordinate the stories of his officers and trying to cover up their actions.
The officer who arrested Octavious outside the family home -- Bradley Canterbury -- will not face criminal charges, despite allegations by the family that he used excessive force. Kleine's office determined that Canterbury acted within the law.
Sharee Johnson said Thursday she is still upset that Canterbury wasn't criminally charged.
Canterbury has appealed his firing.