State Of Louisiana v. Tony Johnson

CourtLouisiana Court of Appeal
DecidedApril 28, 2021
Docket2020KA0679
StatusUnknown

This text of State Of Louisiana v. Tony Johnson (State Of Louisiana v. Tony Johnson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Of Louisiana v. Tony Johnson, (La. Ct. App. 2021).

Opinion

NOT FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2020KA0679

VERSUS

TONY JOHNSON

Judgment Rendered: fAPR 2 8 2021'

Appealed from the Twenty-first Judicial District Court In and for the Parish of Tangipahoa State of Louisiana Docket Number 1701099

Honorable Robert Morrison, III, Judge Presiding

*************

Scott M. Perilloux Counsel for Appellee, Zachary Daniels State of Louisiana Amite, LA

Mary E. Roper Counsel for Defendant/Appellant, Baton Rouge, LA Tony Johnson

Jane L. Beebe Addis, LA

BEFORE: WHIPPLE, C.J., WELCH, AND CHUTZ, JJ. WHIPPLE, C.J.

Defendant, Tony Johnson, was charged by grand jury indictment with

second degree murder, a violation of LSA-R.S. 14:30. l. He pied not guilty. After

a trial by jury, defendant was unanimously found guilty as charged. The trial court

imposed a sentence of life imprisonment. Defendant now appeals. For the

following reasons, we affirm the defendant's conviction and sentence as amended

and remand with instructions.

STATEMENT OF FACTS

On August 19, 2016, Jeanette Scott, sister of victim Christopher Franklin,

Jr., arrived home from work around midnight. She lived in a Ponchatoula,

Louisiana apartment with her brother and her boyfriend. She saw that the window

screen was on the ground, the window was open, and the door was partially ajar.

She called out to her brother through the partially open door, but did not receive a

response. She had never before arrived home to find the door or window in that

condition. She called her step-father, who told her to go to a nearby Walmart and

await his arrival. Lyntrell Hemphill, Scott's step-father, entered the house along

with her boyfriend, Don Tolbert. Upon entering, they observed the apartment to be

in disarray. In Franklin's bedroom, Hemphill observed Franklin's body on the

bedroom floor, behind a door with a hole in it. He was unable to open the door

more than a small crack, due to Franklin's body blocking it. Hemphill

immediately left the house and told Scott to call 911, which she did. Scott testified

that the last communication from Franklin was a Facebook post made at 9:24 p.m.

on August 18th, 2016.

Ponchatoula Police Department ("PPD") Sergeant Carol Wilson responded

to the 911 call. After entering the apartment and looking into Franklin's room

through the doorway, she saw Franklin's body on the ground with a gunshot

wound to the left side of his head. Sgt. Wilson observed "[t]he majority of his

2 skull and brain was gone." It appeared to her that he had been dead for some time.

On the outside of the house, Sgt. Wilson saw the open window with the window

screen detached. She secured the crime scene, assisted by PPD Sergeant Damieon

Tanner. Sgt. Tanner and Detective Randy Hills recorded the names of everyone

entering or leaving the crime scene. Det. Hills also collected voluntary DNA

swabs from Scott and Tolbert, as both lived at the address. Detective Jeffery

Miller of the PPD was initially the lead detective and assisted in collecting

fingerprints from Hemphill, Scott, and Tolbert in order to eliminate them as

contributors of other fingerprints found within the house. Det. Miller worked on

the case for about five months before handing it off to the Louisiana Attorney

General's Office, Bureau of Investigations.

State crime scene technicians took photographs and collected fingerprints,

DNA samples, and other evidence from the apartment. Finger and palm prints, in

addition to DNA samples, were recovered from the window. Defendant was later

determined to be the person who left the finger and palm prints, in addition to

DNA found on the window. Stephanie Hemphill, the victim's mother, explained

that Franklin knew defendant from school, and was dating Sandrina Jones, the

cousin of co-defendants Dkerian Thompson and Jeremiah Ray.

Forensic testimony revealed that the hole in Franklin's bedroom door was

consistent with a single 12-gauge shotgun blast, and the position of Franklin's

body, brain matter, and blood indicated the left side of Franklin's head was close to

the door where the shot passed through. Based on the blood spatter, location of the

hole, and position of the body, Franklin apparently was bracing himself against the

door in an attempt to prevent someone from making entry into the bedroom when

he was shot. There was no indication anyone had entered the room before

Franklin's body was recovered by investigators.

3 Six months after Franklin's death, and after officials learned defendant left

fingerprints on the window of Franklin's residence, Special Agent Matthew

Vasquez with the Louisiana Department of Justice began investigating the case.

He first interviewed Mario Tate, Franklin's neighbor. Tate informed Special

Agent Vasquez that he observed two armed African-American men being dropped

off by a pickup truck on the night of the killing. One was armed with a handgun

and the other was armed with a shotgun. He saw the man carrying the shotgun

open the window and enter, bringing the shotgun along with him.

Special Agent Vasquez met with defendant for a custodial interrogation.

Defendant was given a form detailing his Miranda' rights, and defendant waived

his rights and spoke to Vasquez without an attorney present. The interview was

recorded and played for the jury. In this interview, defendant initially denied being

at the apartment building, being involved in a shooting, or ever having used a

shotgun. He also said he did not know Franklin and was not in Ponchatoula during

August 2016. Later in the interview, defendant admitted his fingerprints may have

been at the scene because he may have broken into the apartment at some other

time and stolen things and that he at least "kn[e}w of' Franklin from school. A

DNA sample was taken from defendant pursuant to a search warrant.

Later that day, after Special Agent Vasquez left, defendant indicated he

wanted to speak with him again. Vasquez returned, and defendant was again read

his Miranda rights, and he again waived them. During the second interview,

defendant admitted to entering the apartment through the window and firing the

shotgun, and he detailed the participation of his accomplices. Defendant alleged

he did not intend to shoot anyone, but that he was afraid Franklin would start

shooting. He alleged that he did not know the shotgun was loaded. He expressed

regret that the window was left unlocked, reasoning that the murder would not

1 Miranda v. Arizon;i, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966).

4 have happened otherwise. The second interview was also recorded and played for

the jury.

In a third statement taken less than an hour after the second interview

concluded, defendant went through his Facebook account to identify other subjects

involved in the robbery and killing. Defendant identified his co-perpetrators by

their Facebook profiles, and they were subsequently arrested and charged. Co-

defendant Shauna Broussard was later located and arrested, and Special Agent

Vasquez testified that in her interview, she confirmed much of defendant's story.

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