State v. Johnson

568 N.W.2d 426, 1997 Minn. LEXIS 636, 1997 WL 527917
CourtSupreme Court of Minnesota
DecidedAugust 28, 1997
DocketC4-96-1716
StatusPublished
Cited by59 cases

This text of 568 N.W.2d 426 (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, 568 N.W.2d 426, 1997 Minn. LEXIS 636, 1997 WL 527917 (Mich. 1997).

Opinions

OPINION

ANDERSON, Justice.

Appellant, Lavon Antione Johnson, was present in the area of 645 Lafond Avenue in St. Paul, Minnesota on the evening of October 21, 1995 when gunshots were fired into a car of Asian-American youths, paralyzing Bing Xiong (Bing) and killing his girlfriend, 17-year-old Mary Yang (Mary). Johnson, an African-American male who was 17 years old at the time of the shooting, was subsequently identified from a photographic lineup as the shooter. Johnson was indicted for first-degree murder, second-degree murder, first-degree attempted murder, and second-degree attempted murder.

At trial, the defense attempted to prove that another African-American youth, who was also present at the crime scene, was the shooter. Pursuant to this theory, the defense offered reverse Spreigl evidence concerning a separate shooting incident involving the other youth, but the court excluded this evidence. The jury found Johnson guilty of first-degree murder and attempted first-degree murder, and the court sentenced Johnson to life imprisonment for first-degree murder and a consecutive 180-month sentence for attempted first-degree murder. On appeal, Johnson raises two grounds for reversal. First, Johnson claims that a new trial is warranted because the district court erred in excluding reverse Spreigl evidence concerning the shooting incident involving the other youth. Second, he claims that the witness identifications of him as the shooter were insufficient to support the convictions. We affirm.

On October 21, 1995, at approximately 10:30 p.m., seven Asian-American youths in a car were circling the area surrounding the Hmong Funeral Home Services, Inc. at the corner of Dale Street and Lafond Avenue in St. Paul, Minnesota in search of a parking space. Bing was the driver of the car. He was accompanied by his girlfriend, Mary, his cousin, Fong Xiong (Fong), Tou Chang (Tou), Billi Villi Yang (Billi), Peter Xiong (Peter), and John Vang. Simultaneously, a group of African-American youths and Caucasian youths (645 Lafond youths) was situated in and around the property at 645 Lafond Avenue. These youths included: April Brown-McCoy (April), who resided at 645 Lafond, Aleisha Feiner (Aleisha), who also resided at 645 Lafond, 15-year-old Mac Lesure (Le-sure), James Hobbs (James), and several others. Johnson was not present at this time in the evening.

The Asian-American youths and the 645 Lafond youths offered differing accounts of [429]*429what occurred that evening. According to April and Aleisha’s trial testimony, an argument took place between the Asian-American youths and the 645 Lafond youths, apparently over whether the Asian-American youths could park their car at a parking spot near 645 Lafond. During the altercation, an Asian-American boy called Aleisha a “bitch,” an Asian-American boy slapped James in the face, the Asian-American youths threw rocks, everybody was “grabbin’ sticks and stuff,” and Lesure was hit in the head with a rock. The altercation ended when April’s grandfather came out of the house and told everyone who did not live there to leave. After the Asian-American youths left, Le-sure used the telephone at 645 Lafond and then rode off on his bicycle. A while later, the 645 Lafond youths saw Johnson knocking on a neighbor’s door, and Johnson joined the group.

April testified at trial that when the 645 Lafond youths encountered Johnson, he asked for Lesure, then lifted up his shirt and revealed a gun in the waistband of his pants. April testified that Johnson stated, “I got somethin’ for 'em.” Subsequently, Lesure rode up on his bicycle and Lesure, Johnson, and Aleisha each had some sticks. The car containing the Asian-American youths returned, and Aleisha and the others said to the Asian-American youths, “what’s up.” Then, the Asian-American youths’ car stopped in the middle of the street, and a couple of Asian-American youths jumped out of the car and started to run towards Lesure, Johnson, and Aleisha. Lesure, Johnson, and Aleisha “started running up towards the car and shootin’.” As soon as she heard gunshots, April ran into the house. April testified that she did not see the gun and did not see Johnson hand the gun to anyone.

At trial, Aleisha testified that a few minutes after Johnson joined the 645 Lafond group, Lesure came riding up on his bicycle and said that he had “had some problems with these Asians.” Lesure was mad because he had been hit in the head with a rock. Aleisha testified that Lesure showed her and the others that he had a gun in his pants. Within about a minute, the ear of Asian-American youths drove up and two Asian-American youths jumped out and started yelling. Lesure then ran toward the Asian-American youths, and the Asian-American youths took off across the street. Lesure then stood by the car, and when the car started rolling off, he followed behind and fired at it about four times. Aleisha testified that when Lesure was shooting at the car, Johnson was sitting on the curb near Aleisha and did not move toward the car.

April and Aleisha each changed her version of events several times prior to trial. April initially told the police that she had not seen anything. After the shooting, however, April told the pólice that on the night of the shooting, she saw that Johnson had a gun when he lifted up his shirt. April also identified Johnson from a photo line-up as the one who had done the shooting. Subsequently, though, April told the public defender’s investigator that Lesure had the gun and did the shooting. April then told the police that Lesure was responsible for the shooting, but upon further questioning, she stated that it was not Lesure and that it was Johnson. At trial, April admitted that her version of events had changed. She testified that a male caller identifying himself as Johnson had telephoned her approximately three times and told her to say that Lesure had the gun. She testified that she had falsely tried to implicate Lesure in order to keep Johnson from getting into trouble.

Aleisha initially told the police she did not know the identity of the shooter. Subsequently, however, Aleisha identified Johnson as the shooter from a photo line-up, told the public defender’s investigator that Johnson was the shooter, and testified before the grand jury that Johnson was the shooter. Aleisha later told the public defender’s investigator that the shooter was neither Johnson nor Lesure, but some light-skinned African-American male. Then, Aleisha told the police that Lesure was the shooter. Aleisha’s prior grand jury testimony was read into the record at trial. In that testimony, Aleisha stated that after the initial altercation with the Asian-American youths, Lesure called Johnson and told him to “bring the piece and to come quick because he had had some trouble with some Asians.” In her grand [430]*430jury testimony, Aleisha described Johnson as wearing dark tan pants and a red jacket.

The Asian-American youths offered a different account of what occurred that evening. In his testimony at trial, Bing denied having the initial altercation with the 645 Lafond youths. Tou testified that as the Asian-American youths’ car was driving down La-fond, there were African-American people and Caucasian people arguing on the side of the street carrying bats and sticks. Tou thought there was going to be a fight. The Asian-American youths parked their car and got out of the ear. Some African-American males approached them and said something indicating that the Asian-American youths should not park there.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Minnesota v. Jeffrey Michael Holeman
Court of Appeals of Minnesota, 2025
State of Minnesota v. Timothy Lee Heller
Supreme Court of Minnesota, 2024
State of Minnesota v. Andrew Vernard Glover
Supreme Court of Minnesota, 2024
Michael Carvese Williams v. State of Alabama
Court of Criminal Appeals of Alabama, 2023
John v. Rish
D. Minnesota, 2019
State v. Guzman
892 N.W.2d 801 (Supreme Court of Minnesota, 2017)
State of Minnesota v. Renard Rucker
Court of Appeals of Minnesota, 2017
State of Minnesota v. Kelly Bruce Goggleye
Court of Appeals of Minnesota, 2016
State of Minnesota v. C. H. T.
Court of Appeals of Minnesota, 2015
State of Minnesota v. Mark Lee Whitcup
Court of Appeals of Minnesota, 2014
State of Minnesota v. Alton Dominique Finch
Court of Appeals of Minnesota, 2014
State of Minnesota v. John Onokwuozo Onyemekeihia
Court of Appeals of Minnesota, 2014
State of Minnesota v. William Harold Jones
Court of Appeals of Minnesota, 2014
Coker v. Jesson
831 N.W.2d 483 (Supreme Court of Minnesota, 2013)
State v. Swaney
787 N.W.2d 541 (Supreme Court of Minnesota, 2010)
State v. Stockwell
770 N.W.2d 533 (Court of Appeals of Minnesota, 2009)
State v. Mems
708 N.W.2d 526 (Supreme Court of Minnesota, 2006)
State v. Palubicki
700 N.W.2d 476 (Supreme Court of Minnesota, 2005)
Huff v. State
698 N.W.2d 430 (Supreme Court of Minnesota, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
568 N.W.2d 426, 1997 Minn. LEXIS 636, 1997 WL 527917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnson-minn-1997.