Family shocked after brother or sister's conviction for mother's murder was overturned

CLERMONT COUNTY, Ohio (WXIX) – A murder conviction was thrown out due to a judge’s error, according to court records.

According to court documents, Presiding Judge Victor Haddad failed to advise Joshua Amburgy of his constitutional rights during his 2023 plea hearing, meaning his guilty plea was withdrawn and his conviction overturned, sending him back to the courtroom.

“We haven’t been able to properly grieve our mother for an entire year because of this process,” said Jesse Slusher. “Once we had the lockdown, we spent a year rebuilding our journey with grief and what that looks like, and when we got this news, it was immediately a heavy feeling of sadness.”

For the second time, Slusher and her siblings, Jordan Porto and Jacob Amburgy, will endure another murder trial.

The suspect is again their brother Joshua Amburgy.

The victim, their mother Melissa Amburgy.

“Ask why. Why does this have to happen?” asks Jacob Amburgy. “It doesn’t happen often, so why didn’t this case go as planned? I feel like there must be a reason why we have to go through this again.”

In 2023, Joshua Amburgy pleaded guilty to stabbing and killing Melissa Amburgy in their Miami Township home. He was sentenced to 41 years behind bars by Clermont County Judge Victor Haddad.

But according to new court records, the judge failed to inform Joshua Amburgy of his constitutional rights during his plea, resulting in his plea being vacated and his conviction overturned.

“Shock and anger about the fact that the process did not go well,” described Jacob Amburgy. “It sets us back again.”

According to our partners at the Cincinnati Enquirer, in court Friday, the judge cited Joshua Amburgy’s numerous outbursts in court as a possible reason for the mistake.

“Josh has been extremely difficult to live with throughout our adult lives and I think that adds to the fact that it’s not just us who have experienced that,” Slusher said.

As Josh Amburgy’s case heads back to the courtroom, the family is hoping for the same outcome.

“We think 41 years was enough in this case and we hope it will be the same in the future,” said Jordan Porto.

And while the family says it’s not where they thought it would be two years later; They are willing to get justice for their mother one more time.

Joshua Amburgy is being held without bond in the Clermont County Jail pending the outcome of criminal proceedings. He is expected to appear in court again on Wednesday.

Do you see a spelling or grammatical error in our story? Click here to report it.

Do you have a photo or video of a current news item? To steer it here for us with a short description.