Harrison County judge denies recusal request; treatment program at risk in separate case
Shawn Tucker was back in court Aug. 26 because of a motion filed by Prosecutor Lauren Knight to terminate him from the program.
Cornelia Grace
Brian Johnson’s bid to remove Judge Shawn Hervey from his felony case was rejected, while Shawn Tucker faces possible termination from a court-ordered drug treatment program after multiple violations.
Brian Johnson was indicted June 2025 on one count of failure to notify, a felony in the first degree. After two months, Johnson requested new appointed counsel. Public Defender Adrian Pincola withdrew from the case. Aug. 26, Johnson requested that Judge Shawn Hervey recuse himself from the case.
“We’re here today on Mr. Johnson’s motion for recusal, citing conflict of interest with the counsel for the defendant and this court,” Hervey said. “The court has considered the motion and the court is going to deny the motion… the court has no conflict in hearing Mr. Johnson’s case. The court has no bias for or against Mr. Johnson. I’ve practiced law in Harrison County, I of course know people in the community and in law enforcement throughout my career but I have no favor for or against any person that comes into my court. If I have a conflict, I’ve never had a problem getting off a case and usually bring it up myself. This is not one of those instances. I will not remove myself from the case.”
The next step in the case is assigning a new attorney to Johnson. The court appointed Attorney Charles Amato. The same day, Johnson filed a motion for dismissal of his case.
Shawn Tucker's case began Sep. 2024 with an indictment for a felony five aggravated possession of drugs, a felony five possession of cocaine, and misdemeanor four illegal possession of drug paraphernalia. Tucker was placed in the Treatment in Lieu of Conviction program in February 2025. He was back in court Aug. 26 because of a motion filed by Prosecutor Lauren Knight to terminate him from the program.
“The court will note that yesterday an addendum to the motion was filed by the state of Ohio,” Hervey said. He read the allegations, “The defendant has not been compliant with conditions of treatment in lieu. For additional cause to wit on July 28, 2025, the defendant was drug screened and found to be positive with cocaine. On Aug. 22, 2025, the defendant was told to submit to a urine screening. Before the test was administered the defendant admitted to methamphetamine use on Aug. 20, 2025.”
Tucker was also discharged from a counseling service and has not paid any of his fines or costs.
The court ordered that Tucker submit to an evaluation for placement at the Eastern Ohio Correctional Center. Hervey explained that despite the motion to terminate, Tucker is still under the terms and conditions of the treatment program and needs to continue following everything set by the court.
