COLUMBIA — A motion to dismiss a woman's indictment for alleged prosecutorial misconduct on the part of the Boone County Prosecutor's Office was withdrawn Monday because she pleaded guilty to a felony charge of driving with a revoked license.
The motion, which was filed Feb. 15, said the prosecutor's office punished Tabisha Franklin for not providing prosecutors and police with information they believed she had relating to the Aaron Hobson murder. It was withdrawn Monday because of Franklin's guilty plea. She will be incarcerated for 10 days.
Judge Gary Oxenhandler said in court that the maximum penalty for Franklin's charge is four years in prison.
"I think she misses her kids, she's scared, she's tired and she just wants it to be behind her," said Justin Carver, the public defender assigned as her attorney, explaining why Franklin decided to enter a plea agreement.
Hobson, 22, was shot and killed in October 2010 at a Break Time gas station and convenience store on Nifong Boulevard. Eight suspects were arrested in the case, one of whom was acquitted.
In the motion, Carver said prosecuting attorney Dan Knight learned that Franklin might have had knowledge related to the Hobson slaying.
After she refused to give information to the police and the prosecutor's office, Knight took action that resulted in a more serious charge for Franklin, according to the motion.
That action was asking the city prosecutor, Stephen Richey, to dismiss Franklin's misdemeanor charge for driving with a revoked license and transfer it to the Boone County Prosecutor's Office, where Franklin was charged with a felony for the same offense.
Assistant County Prosecutor Roger Johnson, who was the prosecutor in Franklin's case, said Carver did not cite the law correctly in his motion and does not understand that the law allows the prosecutor to do what he did.