dr martens shoe Johnson guilty of second
A Rowan County jury found a man who shot and killed another guilty of second degree manslaughter after a three day trial wrapped up late Wednesday night.
A jury of eight women and four men spent five hours going over evidence before deciding Teddy Johnson, 60, of 11014 Brown Ridge in Morehead, was criminally negligent in the death of Marvin James “Jimmy” Adkins, 24, of Emerson.
Teddy stated that Jimmy, who he said was like an adopted son to him, made several threats to the family the morning of the shooting, including threatening to kill the Johnson family, their animals, and even the police who arrived on scene the first time they responded to the home.
When police arrived at the home in southern Rowan County, Adkins ran into the woods.
Within an hour, Adkins returned to the home.
There, he again threatened to kill the family and aimed a gun at both Teddy and Carissa, according to Teddy’s testimony.
Shortly thereafter, Johnson said he followed Adkins down a gravel roadway opposite their home because he was running toward a forest with high cliffs with Carissa.
Johnson said he fired two warning shots into the ground, pleading with Jimmy to stop running away.
After he didn’t stop, Teddy said he fired one shot aimed at his legs.
The shot missed his legs, striking Jimmy in the back and coming to rest inside his heart. Adkins’ gun was located by police in a back pocket.
Johnson told the jury he was in fear for his daughter’s life, fearing Jimmy would kill Carissa if the couple made it into the woods.
In Carissa’s initial report to police,
she told officers that she was trying to get away from the residence and repeatedly told Jimmy to run away with her.
Johnson’s counsel, Grover Carrington and Ben Shields of White Peck Carrington in Mt. Sterling, was using the fear of an alleged year and a half of torment Jimmy instilled in the Johnson family as a self defense claim.
Commonwealth’s Attorney Ronnie Goldy used the daughter’s witness report to his advantage.
Goldy said at the time of the shooting, neither Carissa nor Teddy was in any danger.
He said that it was clear through recorded audio that Carissa wanted to run away with Jimmy, and Teddy admitted on the stand that at the time of the shooting Jimmy was no immediate threat to him.
Carrington said that the year and a half in which the defense said Jimmy was “drinking and using drugs” helped instill the fear in the family.
The threats of gun violence the morning of the shooting just forced Teddy’s hand, according to Carrington.
Goldy responded, stating that the police have never been called on Jimmy to that residence since he has lived there. At the time of Adkins’ death, his blood alcohol content (BAC) was 0.0, and did not have heroin, Percocet, or bath salts in his system as the defense previously claimed he had used before.
He added that although police showed up twice during the day, certain claims the Johnson family made on the stand were left out during the initial witness reports.
The family testified that Jimmy had them at gun point multiple times, threw Teddy’s wife out of her wheelchair, and said Jimmy told them he would kill them all at least twice.
Goldy said at no point did anyone tell any of the officers on scene about any of those incidents.
The jury had five options. They could find Johnson: Guilty of murder, first degree manslaughter, second degree manslaughter, reckless homicide, or not guilty.
It took almost until midnight, but the jury came back with the second degree manslaughter charge, a Class C felony subject to five to 10 years in prison.