MARION, OH (MARION COUNTY NOW)—A Marion man has been permanently freed of serious felony criminal charges. Bobby Michael Stinson, approximately 36, of Marion, had charges dismissed including aggravated robbery, a first-degree felony, felonious assault, a second-degree felony, and theft, a fifth-degree felony. If convicted, Stinson was facing more than 18 years in prison.
The case was dismissed due to the failure of Prosecutor Ray Grogan’s office to turn over pertinent evidence to the defense. In the same case, a mistrial was declared for the same reason on May 16, 2024. Presiding Judge Warren T. Edwards wrote the following on his decision to declare a mistrial:
“The Court GRANTED a mistrial because the testimony during the trial and statements of counsel indicate the State did not provide discovery to the Defendant, and for the reasons more fully stated on the record. After granting a mistrial in open court, the Court discharged the jury.”
The prosecution still failed to provide evidence leading up to a trial scheduled to begin today. Court records reflect escalating warnings issued to various Prosecutors on the case regarding their failure to turn evidence over to the defense; a core right the defense is given in every criminal trial.
In a decision filed in Common Pleas Court last Friday, Judge Warren T. Edwards dismissed Grogan’s case (State Vs. Bobby Michael Stinson) for the prosecution’s failure to produce and share evidence with the defense. In his ruling, Judge Edwards said:
“Therefore, it is unfortunately necessary for the Court to dismiss the case against the Defendant with Prejudice. (Permanently) The Court would greatly prefer an adjudication on the merits. Our justice system is predicated on the State and the Defendant, armed with a complete disclosure of the relevant evidence, presenting a case to a jury to determine guilt has been established by the State beyond a reasonable doubt. The failure to turn over evidence undermines the public confidence in the justice system. It undermines confidence in other convictions and pleas where a fair question of whether those convictions were based upon withheld evidence.
The Court would prefer a determination on the merits of the case but finds that the pattern of non-disclosure in this case and others leaves the Court with no choice but to dismiss the case with prejudice. This case is DISMISSED with PREJUDICE. Costs are assessed against the Marion County Prosecutor’s Office.”
This dismissal comes in the midst of an ongoing high-profile case in Marion. Marion City Councilman Ayers Ratliff was recently arrested on a charge of rape and released on a $500,000.00 bond. The Grand Jury tabled the charges.
Grogan filed a motion last Friday asking the court to grant him an extension until August 28, 2024; to present the case to the Grand Jury or to dismiss the case without prejudice so he can present it at a later date. Grogan’s motion was evidence related. He told the court he needed more time to gather possible exculpatory evidence.
Since Marion County Now first published Grogan’s motion, tips on other similar cases have been received and are being investigated. Marion County Now reached out to Prosecutor Grogan for a comment on the Stinson dismissal and received this response:
“My office disagrees with much of the Court’s order. From our perspective, the trial court is really disagreeing with opinions issued by the Court of Appeals. We are confident the Court of Appeals will reverse the trial court’s decision and we can proceed with our case against Mr. Stinson. We don’t see the relevance of other cases when deciding this particular case. Each case has to be adjudicated on its own facts and the prior cases have no relevance to Mr. Stinson’s case. Our office has handled thousands of cases in front of the trial court and we have done so with our best efforts at achieving justice for all members of our community. We will continue to seek justice in all matters that come to our attention.”—Ray Grogan