Sheriff’s office given deadline to charge Dothan man in homicide

By Matt Elofson

Published: August 15, 2008

A judge’s recent ruling says Houston County Sheriff’s investigators have 30 days to either charge a Dothan man in an unsolved capital murder case or his bond will be reduced by more than half its original amount.

District Court Judge Brad Mendheim handed down the ruling Thursday, the day after lawyers made their arguments at a bond reduction hearing for David Brownlee Waller. Officials with the Houston County District Attorney’s Office and the Houston County Sheriff’s Office have both previously called Waller, 33, the top suspect in the shooting death of Joe Tex Johnson.

Johnson, 69, was shot to death at his home on April 15 during a burglary in the Hodgesville community.

Mendheim denied a bond reduction “at this time,” on the felony second-degree receiving stolen property charge filed against Waller. He also faces a third-degree receiving stolen property charge, but the bond was set at $25,000 for that charge. Waller has been at the Houston County Jail on the felony charge on a $250,000 bond.

“Based on representations from the investigating officer and the DA’s Office that there is sufficient evidence in their opinion to charge the defendant with the homicide of Joe Johnson,” Mendheim said. “Bond will be reduced to $75,000 if the defendant is not so charged within 30 days.”

Prosecutors at the hearing Wednesday said the charges were being considered in front of a grand jury during the week.

Waller was charged with possession of a .38-caliber handgun Johnson was known to often carry in his back pocket, along with a rifle. Investigators found the handgun inside Waller’s vehicle at the time of his arrest. Their investigation showed Waller had pawned the rifle, which was later taken into evidence.

No one has been charged with the Johnson murder.

Mendheim did reduce the bond for a new, unrelated first-degree theft of property by deception charge filed against Waller the day before the hearing. Mendheim reduced the bond from $150,000 to $25,000.