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Attorney won't face traffic stop charges

By JAMIE JONES
© St. Petersburg Times,
published November 21, 2001

BROOKSVILLE -- Assistant State Attorney Bill Catto said Tuesday that he will not prosecute prominent local lawyer Joseph E. Johnston Jr., who was given a black eye and a fractured rib by a sheriff's deputy during a traffic stop last month.

Johnston, father of Brooksville Mayor Joe Johnston III and a former School Board attorney, was charged with a traffic violation and resisting an officer on Oct. 28.

Deputy Tony Mazza said Johnston failed to follow his order and stop while he was directing traffic outside of St. Anthony Catholic Church. Mazza got into his patrol car and pulled Johnston over. Mazza said the 79-year-old Johnston appeared agitated and he believed Johnston was going to hit him, so he put him on the ground.

During the confrontation, Johnston suffered a black eye and a fractured rib. Sheriff Richard Nugent ordered an internal investigation into the incident and decided Mazza had used excessive force. He fired Mazza last week.

Catto said he reviewed the documents from Nugent's investigation, which included witness testimony, and decided prosecution was not warranted. He signed paperwork Tuesday to dismiss the charges.

Johnston could not be reached for comment. His son, the mayor, said the family was pleased that the charges were dropped.

"We're very glad to have the facts in this case come out into the open," he said. "We're sorry the incident occurred, but happy with the end result."

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