Prior plea agreement may prevent man from being prosecuted on sexual abuse charges

SIOUX FALLS, S.D. (KSFY) - The Minnehaha County State's Attorney's Office says it's in the process of reviewing a plea agreement that may prevent it from prosecuting a man on sexual abuse charges.

Joshua Adam Johnson was arrested for simple assault domestic in January 2017 and was also arrested for felony violation of protection order and simple assault in February 2017 involving the same victim.

The state's attorney's office said the cases were scheduled for trial, with plea negotiations between the State and the defense occurring over a period of time spanning several months, culminating in a negotiated plea agreement in June of 2017.

During the period in which plea negotiations had still been ongoing, the state's attorney's office said a report was made regarding alleged sexual crimes committed by Johnson against a different victim, and a law enforcement investigation of those separate allegations began.

At the conclusion of the investigation into the sexual abuse allegations, charges were brought against Johnson. The state's attorney's office said that during the recent bond hearing on the sex abuse charges, the defense raised an issue concerning the scope and substance of the negotiated plea agreement in June of 2017 and argued that the State is barred from proceeding against Johnson due to that earlier plea agreement.

Due to the circumstances surrounding the prior plea agreement that were raised during the bond hearing, the state's attorney's office said the State did not object to the granting of a personal recognizance bond.