State v. Johnson

450 N.W.2d 103, 1990 Minn. LEXIS 8, 1990 WL 174
CourtSupreme Court of Minnesota
DecidedJanuary 5, 1990
DocketNo. C1-89-21
StatusPublished
Cited by1 cases

This text of 450 N.W.2d 103 (State v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Johnson, 450 N.W.2d 103, 1990 Minn. LEXIS 8, 1990 WL 174 (Mich. 1990).

Opinion

WAHL, Justice.

Defendant Violet Jean Johnson was convicted by jury verdict on October 14, 1988 of first degree murder in violation of Minn. Stat. §§ 609.185, subd. 11, and 609.05, subd. 12, (1988) for intentionally aiding, advising, hiring, counseling or conspiring with her husband, Lawrence Johnson (Larry), in the premeditated killing of her brother, Norman Gonderman, Jr. (Junior). Junior, who was borderline mentally retarded, was 21 years old at the time he was shot to death. The sole issue on appeal is whether the evidence is sufficient to prove beyond a reasonable doubt that defendant [104]*104intentionally aided and conspired with another in committing premeditated murder in the first degree. We find the evidence sufficient and affirm the conviction.

Junior Gonderman lived in Glyndon, Minnesota with his parents, Wanita and Norman Gonderman, Sr., and worked in his father’s junkyard. He received a $350 social security check monthly, most of which went to his parents for living expenses. His sister Violet, defendant here, lived in North Minneapolis with her husband Larry and two young sons, Billy and Joey. Two other sisters, Danita and Patricia, lived in the Glyndon area. Defendant testified that she and her siblings suffered physical abuse at the hands of their father while growing up in the family home. Because of this earlier abuse she herself had been removed from the home and placed in foster homes. After she left home, defendant eventually came to the Twin Cities and got a job at Fisher Texaco service station on Hennepin Avenue where she pumped gas, worked as a bookkeeper and cashier, and worked on cars with the mechanics. She met and married Larry Johnson, who began to remind her of her father when he lost his temper and yelled at her. Defendant quit her job before Joey was born to be home with her children but continued to work on cars in her garage.

The Johnsons began an insurance program in 1986 when their first son was born. At that time they purchased a $129,-000 policy on Billy and $100,000 on each other. They also purchased a $125,000 policy on their second son when he was born. These policies, all universal life rather than term policies, had total monthly premiums of $183.30.

The defendant testified that in early January 1988, her brother called and asked if he could come to Minneapolis to live with her. She thought Junior needed to get away from home. Sometimes he had lived with Danita when he and his father were not getting along. Defendant wired Junior a bus ticket so he could move in with her and Larry and the children. At the time Junior moved in with them, the Johnsons were in financial trouble. Defendant testified she was bothered because Larry spent money irresponsibly, charging to the limit on his credit cards and making delayed payments on bills. As of January 1988, the couple owed $8530 in bills and had only $1470 in savings. They were behind in payments on their utility bills and Larry’s car had been repossessed. In March 1988, two months after Junior’s arrival, Larry quit his job. To defendant’s frustration, her parents refused to forward Junior’s monthly social security checks to the John-sons.

On February 26,1988, the Johnsons, Junior, and Larry’s mother, Barbara Iverslie, met with the Johnsons’ insurance agent, Ronald Bolanda. The Johnsons purchased a $56,000 universal life insurance policy on Junior. Defendant owned the policy and was named as primary beneficiary. The policy named Billy as secondary beneficiary. The Johnsons also purchased a $25,-000 universal life insurance policy on Ivers-lie. Defendant owned the policy and was named as secondary beneficiary. Larry was the primary beneficiary of his mother’s policy. Defendant wrote a check for the initial premiums for both policies. She authorized future automatic payments of the premiums from the Johnsons’ checking account. The premium payments were $25.00 and $40.00 per month for the respective policies. The policies became effective on April 14, 1988 when the agent delivered them to defendant.

Since Junior was not working, defendant worked out a barter system where Junior would babysit for Billy and Joey while defendant worked on cars in her garage. One day in March 1988, defendant walked into the house and found Junior fondling two-year-old Billy. Defendant was angry and threw Junior against the wall. Defendant then made arrangements for some friends to babysit for the children. The babysitter told defendant that Billy complained, “Junior hurt down there. Junior hurt butt.” Defendant took Billy to the hospital. A medical exam and laboratory tests indicated no injuries or diseases except for diaper rash and an eye infection. The hospital, as required by law, filed a [105]*105report of suspected sexual abuse with the police.

Larry first learned that Junior had sexually molested his son on March 23. Larry threatened, in defendant’s presence, to hurt Junior because of the sexual abuse. Larry threw Junior out of the house, and Junior moved in with Greg Holland, who also lived in North Minneapolis. Holland was a friend of Junior’s older sister Danita.

Despite their financial difficulties, the Johnsons wanted to purchase a mechanic’s business in Rockville, Minnesota, Larry’s hometown. They went to Rockville on April 4. The owner was asking $100,000 for the business and the Johnsons would need $60,000 for a down payment. On the way home from Rockville, Larry told defendant, “too bad something can’t happen to Junior that I’m not involved with.”

Larry made other threats to harm Junior in defendant’s presence. On April 2, Larry threatened to hurt Junior while he was sleeping outside in a school bus. Larry also told defendant he intended to drop a race car on Junior while the two of them were working in the garage. When Larry said he wanted to shoot Junior in bed, defendant told him, “No, not in this house.” Defendant testified she did not think her husband would carry out any of his threats because he did not have the guts and because, even though Larry had a temper, she had never seen him act violently towards anyone.

There was evidence introduced at trial that defendant attempted to purchase a gun on two occasions. Defendant asked an acquaintance, Donny Meyer, if he knew anyone who had a gun for sale. She wanted to buy an unregistered weapon. On April 4, defendant told another acquaintance, Bernard “Stretch” Burczyk, that she needed a gun. Defendant spent three days with Burczyk on a wild goose chase around the Twin Cities trying to buy a gun. She spent two nights sleeping in her car waiting for a friend of Burczyk to deliver the gun. Defendant finally gave up the pursuit when Burczyk told her to forget about the gun. Defendant had given Burczyk $128 and bought him some new clothes.

Junior called his family sometime in April and told them he wanted to go home. Danita called the Johnsons on April 14 and told Larry she would be down the next day to get Junior. Defendant went to Holland’s house about 11:00 that night and pounded on the door. Defendant told Holland that her parents were coming the next morning. She said her brother owed Larry some money and Larry wanted Junior to help out with some work before the Gon-dermans arrived. Holland gave Junior the message about his parents when Junior came home a short time later., Junior seemed pretty excited and packed his belongings.

Larry answered the door when Wanita and Danita arrived on April 15. Larry told Wanita that he did not know where Junior was, but if Junior came around, Larry would blow off his head because Junior had molested Billy.

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Related

State v. Dominguez-Ramirez
563 N.W.2d 245 (Supreme Court of Minnesota, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
450 N.W.2d 103, 1990 Minn. LEXIS 8, 1990 WL 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnson-minn-1990.