LOUISVILLE, Ky. — The case against two men accused of the shooting death of Jefferson County Sheriff’s Deputy Brandon Shirley in 2021 has been dismissed without prejudice. This is a temporary dismissal of the case. If more evidence or information is gathered, the case can be refiled.


What You Need To Know

  • The Office of the Commonwealth's Attorney dismissed murder charges against two men charged with killing Deputy Brandon Shirley

  • The charges were dismissed without prejudice, meaning they could be refiled in the future

  • Shirley was off duty in his car in Shively when he was shot and killed

  • Two men were charged with the crime

Shirley was off duty at a car lot in Shively on Aug. 5, 2021, when someone came up to his unmarked vehicle and shot him, according to Louisville Metro Police Department. 

The Commonwealth’s Attorney’s office announced the decision on Friday. Jesse Johnson and Marquis Mitchell were arrested and charged with Shirley’s murder on Jan. 13, 2022.

28-year-old Jesse Johnson is one of the men charged with the murder of sheriff's Deputy Brandon Shirley. (Louisville Metro Corrections)

Erran Huber, with the Office of the Commonwealth’s Attorney, said in a statement, “We have weighed the wishes and needs of the family of Deputy Brandon Shirley, as well as those of his colleagues in law enforcement. Those are not lost on us. But, we must also protect the rights of all parties involved and afford due process. That, too, is in the interest of justice.”

LMPD issued a statement shortly after the decision was announced. It said, “We respect the Court’s decision. LMPD is committed to continuing the investigation and pursuing justice for Brandon and his family. The case remains open and active within our Public Integrity Unit. We encourage anyone with information or tips to contact our anonymous tip line at 574-LMPD (5673).”

Huber said Friday’s dismissal is not the end of the case against the two men indicted and “… should new evidence against the indicted defendants arise we will vigorously pursue prosecution again. We will also zealously work toward a conviction for anyone else found to be criminally involved in the killing of Deputy Brandon Shirley.”

Shirley was only 26 when he was killed. Approximately 1,500 people attended his memorial service at Southeast Christian Church in Louisville days after his death. His father said “He is truly the best man I’ve ever met in my life,” Brandon’s father Brian Shirley said. “He’s definitely the best of us...I’m going to be selfish for a minute and say I wish the world was standing here so the world could know the kind of son I had. Brandon was truly an amazing person. We’re not here to celebrate his passing. We’re here to celebrate my son’s life.”

Deborah Harbsmeier - Executive Producer, Digital

Deborah Harbsmeier is the executive producer of digital content for Spectrum News 1 Kentucky. The award-winning producer has been in television news for more than 30 years.