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Gun trial of Jonesboro shooter begins Tuesday, Jan 29, 2008 By Ron Wood Arkansas News Bureau FAYETTEVILLE - Police testified Monday they found less than an ounce of marijuana and a loaded 9 mm pistol in a van belonging to Jonesboro school shooter Mitchell Scott Johnson. If federal prosecutors can link the two under an obscure federal guns and firearms charge, Johnson could find himself back behind bars for several years. It's the kind of case that most likely would never have been prosecuted in the federal system if not for Johnson's history of killing as a juvenile. Johnson was 13 when he and classmate Andrew Golden, 11, killed four girls and a teacher in an ambush at Jonesboro Westside Middle School on March 24, 1998. Ten others were wounded. Johnson was released from federal custody when he turned 21 in 2005. He walked out of jail with no criminal record. Now 23, Johnson is charged with having a pistol "while being an unlawful user of or addicted to a controlled substance." If convicted, he faces up to 10 years in prison, a fine of up to $250,000 or both. The charge, which stems from a New Year's Day 2007 traffic stop in Fayetteville, is rarely seen. Had Johnson been successfully prosecuted on a state charge in Fayetteville District Court for the same behavior, the charge would be a misdemeanor and he'd be facing less than a year in jail and a small fine. The pistol was a Christmas present and was apparently legal, aside from being loaded and in the vehicle. "This case is about a journey that got cut short by a lie," Johnson's attorney Jack Schisler said in opening arguments Monday afternoon. Johnson and Justin Trammell, who was driving Johnson's van, were headed for California hoping to make a new start, according to Schisler. Trammell, 22, was convicted at age 15 in Benton County of murdering his father with a crossbow. Police were watching Johnson because they had received an anonymous tip he had 100 pounds of marijuana and several guns in the van. When police spotted the van veer across the center line, they pounced. But officers did not find a cache of marijuana, just the small amount in Johnson's pocket. They also did not find drug paraphernalia, such as rolling papers or a pipe, although officers said they smelled the odor of marijuana when they approached the van. Deputy U.S. Attorney Clay Fowlkes told jurors Monday the prosecution would show Johnson had possession of the gun, which was once shipped in interstate commerce giving federal authorities jurisdiction. Fowlkes also said he would put on witnesses who would testify Johnson was a "consistent and heavy user of marijuana" and that Johnson "was high a significant amount of the time they were around him." Prosecutors are relying on marijuana being listed as a Schedule 1 narcotic, which means it is highly addictive, has no medical use and is highly abused, according to Gary Dallas, a forensic chemist with the Arkansas State Crime Lab. Schisler said prosecutors likely can prove some of their case, but not that Johnson is a marijuana addict. The substance found in Johnson's pocket was tested last year at the Crime Lab and determined to be marijuana. Dallas said there was a clerical error with the report generated at the lab which indicated the substance was not marijuana. A second test earlier this month found it to be marijuana, Dallas said. There's also a problem with some of the audio on the video recording of the traffic stop. The body microphone of Steve Hulsey, the officer making the stop, was not working properly and did not pick up the entire conversation. Johnson entered a not guilty plea in October and is free on $5,000 bond. The trial is expected to last through today and possibly into Wednesday. |
