JACKSONVILLE, Fla. – The man arrested and charged with aggravated battery in the brutal assault of a Jacksonville police officer that happened outside a Walmart Supercenter in February was ruled not competent for prosecution in October.
Joseph Merrill, 40, who was initially charged with attempted murder -- also, a first-degree felony, was arrested after police said he assaulted Officer Jennifer Johnson, who was called to the store on Phillips Highway about a reported shoplifting on Feb. 23. Police said Merrill knocked the officer down and was beating her when a detective arrived and subdued Merrill.
In March, Merrill pleaded not guilty. He’s also charged with resisting with violence, possession of weapon by convicted felon, depriving an officer of means of communication and shoplifting.
Johnson said the beating nearly killed her; she was hit so many times that she was knocked unconscious. Her bottom teeth were shifted into two rows from the hits to her jaw. She suffered significant face swelling, massive headaches and other facial fractures.
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According to an arrest report, Merrill had swiped at least $176 worth of merchandise from the Walmart Supercenter on Philips Highway. Johnson confronted him on the sidewalk in front of the store. That’s when, police said, he knocked Jonhson down, started beating her and snatched her radio off her uniform.
Sgt. Steve Rudlaff was driving past the Walmart when he saw the assault and intervened. Prosecutors credit Rudlaff with lifesaving action and Johnson calls him her angel.
News4JAX spoke with Johnson to see how her recovery is going and ask how she felt about Merrill being found incompetent to stand trial.
“Honestly, very disappointing. I was pretty much told that was going to be the expected turnout. We were hoping, of course, for better news, but unfortunately, I was already told to pretty much expect that,” she told Joy Purdy over a Zoom call.
Merill has been handed over to the Department of Children and Families for treatment. He is scheduled for a competency review on April 4, 2024.
“It is a long time,” Johnson said. “The whole process has taught me to try to be patient. The attorneys did tell me there’s no telling how long this can take. We’re talking months, possibly years.”
Johnson said she doesn’t think about Merill as she recovers but when she thinks about the entire situation, there are days that she feels “pretty bad.”
“I still have pain in my jaw. I had a recent surgery to remove the hardware. Lots of doctor’s appointments and just days where I don’t feel good,” she said.
And Johnson said those are the days where she gets frustrated.
“Because a lot of times, I want normalcy back,” Johnson said. “It’s tough.”
The conversation ended with Johnson talking about her awesome family support and her children who she said have been strong throughout the process.
Merrill faces up to 30 years in prison if he goes to trial and is convicted.