County prosecutors dropped murder and aggravated robbery charges against a Nelsonville man yesterday after he took a polygraph test to prove his innocence.
Eric C. Fussner, 33, was released from the Southeastern Ohio Regional Jail shortly before 4 p.m. yesterday. A grand jury indicted Fussner and three others for the Feb. 15 death of Donnie Putnam, who prosecutors say was shot to death by gang members.
The information that led to his indictment was inaccurate or at least can't be proven
said County Prosecutor C. David Warren.
Fussner repeatedly told investigators that he was forced to participate in the attempted robbery that led to the shooting and that he did not carry a gun. He took a lie-detector test on Tuesday to prove his innocence, said Bill Biddlestone, his attorney.
I think Eric is relieved and I'm relieved that the state finally agreed he's not involved in this
Biddlestone said, adding Fussner will cooperate with prosecutors and sheriff's deputies investigating the murder.
Prosecutors previously told a local judge that the four people indicted for Putnam's murder, and a 17-year-old man who has yet to be indicted, belong to a Somali gang that operates from Columbus. The group sold drugs at one house before attempting to rob another, said Keller Blackburn, assistant county prosecutor, during a hearing last month.
One of the would-be robbers shot Putnam in the chest when he arrived at the second house in the midst of the attempted robbery, according to investigators. He later died at O'Bleness Memorial Hospital.
Biddlestone said Fussner opted for release from jail, despite concerns that gang members might harm him for cooperating with investigators.
There's some concern about his safety
Biddlestone said. We talked about that ... and he thinks he can take care of himself.
The three others charged with the crime, Hamda A. Jama, 21, of Columbus; Phillip D. Boler of Athens County; and Mahat M. Osman, 22, of Columbus, remain in the regional jail. Earlier reports from various county officials listed different spellings of Boler and Osman's first names.
Prosecutors have until mid-April to charge 17-year-old Abdifatah Abdi.
Lawyers for all three will appear before Judge Michael Ward on March 23 at 11 a.m. for a pre-trial hearing.
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Dave Hendricks
