Family shocked after sibling's conviction for mother's murder overturned

CLERMONT COUNTY, Ohio (WXIX) — A murder conviction was overturned due to a judge's error, according to court records.

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

“We spent an entire year not being able to properly grieve our mother because we went through that process,” Jesse Slusher said. “After we graduated, we spent a year trying to repair our journey with grief and what that looks like, and then when we got this news, it was immediately a deep sense of sadness.”

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

The suspect is again her brother Joshua Amburgy.

The victim, her mother Melissa Amburgy.

“I wonder why. Why does this have to happen?” asks Jacob Amburgy. “That doesn't happen very often. So why didn't this case go as planned? I feel like there has to be a reason why we have to go through this again.”

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

However, new court documents say the judge failed to inform Joshua Amburgy of his constitutional rights during his plea, resulting in his plea being invalidated and his conviction overturned.

“Shock and anger that the process wasn’t carried out properly,” described Jacob Amburgy. “It brings us back.”

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

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

As Josh Amburgy's case returns to court, the family is hoping for the same outcome.

“We believe that 41 years was sufficient in this case, and we hope that this will continue to be the case in the future,” Jordan Porto said.

And while the family says she wouldn't be where she thought two years later; They are ready to get justice for their mother once again.

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

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