Judge dismisses murder conviction in death of Cedar County deputy, prosecutor plans appeal

A local judge threw out the murder conviction against a man who was found guilty by a jury in connection with the 2014 killing of a Cedar County Sheriff's deputy.

At a sentencing hearing on Monday, Greene County Judge Calvin Holden overturned the second-degree murder conviction against Joshua Brown, 30, of El Dorado Springs.

Authorities say Brown was the driver in a chase that ended with his passenger jumping out of the car and killing deputy Matthew Chism in a gunfight in November 2014. The passenger also died.

Cedar County Prosecutor Ty Gaither sent out a news release saying Holden's decision was "incorrect, ignores the law and the facts, and improperly sets aside the decision of a jury."

Gaither said he plans to appeal the judge's decision.

Brown's case was moved to Greene County and a jury found him guilty in May of four felonies: second-degree murder, distribution of a controlled substance, hindering prosecution of a felony and tampering with physical evidence.

On Monday, Holden threw out the murder and hindering prosecution convictions and sentenced Brown to 10 years in prison on the other two convictions.

That 10-year sentence will run concurrent to a 14-year sentence Brown is serving on a probation revocation for drug possession, according to the Cedar County Prosecutor's Office.

The News-Leader did not have a reporter in the courtroom Monday to hear the judge's explanation. A request has been made for the audio recording of the hearing.

The news release from prosecutors gives some explanation for the judge's decision.

The release says Holden told the courtroom he disagreed with the jury's decision in May and he believed Brown should never have been charged with murder.

Holden also said, according to the release, Deputy Chism was not following proper police procedure when he chased the fleeing passenger since the pursuit began as a traffic stop.

Gaither told the News-Leader on Tuesday this is the first time he's had a jury conviction overturned by a judge.

"I was surprised," Gaither said. "I've never heard of this being done before. Generally, if a jury of 12 people make a decision on the facts and guilt, the court follows that decision."

Authorities say Brown led Chism on a chase on Nov. 1, 2014 near El Dorado Springs and threw a small container of meth syringes out of the vehicle during the pursuit.

Authorities say Chism, 25, died in a gunfight with Brown’s passenger that night, 28-year-old William Collins of El Dorado Springs. Collins was also killed.

Chism was honored at the annual Peace Officers’ Memorial Service in 2015 at Praise Assembly in Springfield. He was married with a young son.

Brown's attorney could not be reached for comment on Tuesday.

A phone message left Tuesday morning with Holden's office was not immediately returned.

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