State V. Johnson
Yüklə 109,03 Kb. Pdf görüntüsü
|
When he did not hear any more noise coming from upstairs, Howard went out the back door and ran through some yards toward Ozark Street. Howard testified that when he was hiding in some bushes, he saw Gale, Coleman, and her children walking down the street toward East 170th Street. Howard stated that he then got into his car and drove towards East 168th Street. Although he became more uncertain later in his testimony, Howard testified that he saw them get into a dark-colored car. {¶38} Howard testified that he drove to a friend’s house on East 168th Street and sat on the porch of the house, until Green ran to the house crying and stating she was scared because Coates “was dead.” Rather than going with Green back to her house, Howard stayed on his friend’s porch and called his attorney. After advising his attorney what had happened, he asked his attorney to call the homicide unit to see if they knew whether Howard was there at the scene. According to Howard, his attorney called him back and stated that they did not have his name in connection with Coates’s death. Detective Smith verified that an attorney did call about Coates’s death. {¶39} Howard admitted that he did not voluntarily speak to the police about Coates’s murder until December 2012, because he did not want to be involved. Howard admitted that although his father is a police officer, it was not until he was being threatened with an arrest warrant did he agree to talk to the police. Furthermore, he stated that he did not talk to his father about the murder, but admitted that when he told his aunt and uncle, who are also police officers, they advised him to “get rid of [Coleman’s] cell phone” that was left in his car.
{¶40} Miekal Gale (“Gale”) testified that on June 12, 2012, he had a case pending for felonious assault and domestic violence, for which he was ultimately placed on probation. Following the events of June 12, 2012, he was charged with obstruction of official business, assault, and trespassing. Gale admitted that he hoped in exchange for his testimony against Johnson, he would remain on probation, even if he pleaded guilty to the new charges. {¶41} Gale testified that in the early afternoon of June 12, 2012, he drove Coleman to Green’s house. He then went home but later went to a strip club with a friend until 2:00 or 2:30 a.m. Afterwards, he called Coleman who asked him to pick her up at a gas station. Gale testified that Coleman’s demeanor was “calm, but drunk.” After she got into his vehicle, Coleman told him that she and Coates had “gotten into it” and that Coates “put his hands on her.” Gale testified that she explained the whole situation to him and that her “brother” was coming.
of times. Gale stated that he was skeptical that Johnson was really her “brother” in a familial sense. He described his relationship with Johnson as not a personal one; he only spoke to Johnson when he would call looking for Coleman. Gale also denied having a falling out with Johnson after suspecting that Johnson and Coleman’s relationship was something more. {¶43} Gale testified that when he asked Coleman why she called Johnson, she responded: A: She saying he need to come [f * * k] him up. He need to learn a lesson.
Q: And who is she referring to? A: Carlos. {¶44} Gale testified that while they were driving over to Green’s house, Coleman used his cell phone to call Johnson because she left her phone in Howard’s car. Based on those conversations, Gale testified that he had reason to believe that Johnson was on his way from Akron, but it was not his intention to meet up with Johnson to approach Coates or for Johnson to be his “back up.” However, on cross-examination, he testified that he was surprised to see Johnson at Green’s house. {¶45} When they arrived at East 169th Street, Gale approached Coates, who was sitting on the porch, and asked him what happened between him and Coleman. Gale stated that he got upset when Coates told him to mind his own business. Gale then walked up from the lawn and slapped Coates in the face, which caused Coates to start “swinging back.” Gale testified that when he heard a gun cock, he turned and saw Johnson, who was wearing a red hoodie, standing beside him on his right, but facing Coates.
raise it, and pull the trigger, but the gun jammed. According to Gale, Howard ran inside the house, but Coates “started mouthing off, saying that this is some bitch ass shit, you a bitch ass [n***a].” He then saw Johnson go behind some bushes, and he could hear Johnson trying to unjam the gun. Gale testified that he then heard a gunshot when he was by the driver’s side of his vehicle. At that point, Gale realized he had been stabbed. {¶47} Gale denied bringing a firearm to the scene or shooting Coates. He stated that when he heard the gunshot, he ducked, and after rising up, he did not see anyone. Gale testified that he just wanted to leave but realized he did not have his car key. When he went by the porch to look for his key, he saw Coates laying in the doorway and thought “that man might be dead.” But instead of checking on him, he continued looking for his car key. {¶48} Gale testified that Coleman and Green came running up from the corner; both entering the house by stepping over Coates’s body. According to Gale, Coleman and Green got into a verbal altercation that turned into a scuffle by the doorway where Coates was lying. Gale testified that Johnson drove up in a dark colored car in front of Green’s house. Both he and Johnson yelled for Coleman “to come on.” Gale testified that because Coleman was taking so long, Johnson drove off, heading toward Ozark Street.
heading toward where Johnson was parked. After getting into Johnson’s car, he and Johnson had a conversation about what happened. A: I told him that I think you shot him.
Q: All right. Does Ed respond to you? A: Yes.
Yüklə 109,03 Kb. Dostları ilə paylaş:
|