Donald Major’s 15-year-old criminal case might not be over after all.
On Tuesday, Erie County prosecutor Kevin Baxter filed a notice he is appealing Judge Tygh Tone’s order to dismiss charges of attempted murder, kidnapping and felonious assault against the 50-year-old Detroit man.
Attorneys will now begin filing reasons to justify or deny the appeal. Then three judges in the Sixth District Court of Appeals in Toledo will decide if they agree with Tone’s decision.
Major was released from the Erie County jail last week after a five month stay on the 1993 charges. He turned himself in on warrants in November.
He claimed he was unaware of the warrants until he was pulled over in a routine traffic stop earlier that year.
In his ruling Tone said prosecutors did not pursue having Major arrested on the charges from 1997 to 2006, calling that period an “extraordinary delay.”
Police said Corey Clark, 38,justify;">was brutally attacked outside his Buchanan Street apartment by Major. The oldest of three siblings, Clark has since remained in a nursing home, unable to speak in full sentences or walk.
After Tone’s ruling, Corey’s family said the justice system failed them and Corey.
Major’s attorney, Martin McManus, of Toledo, said he stands by the judge’s decision.
“A 14-page well-thought-out decision was made by the judge,” he said.