Jeffrey Johnson

Case record: Jeffrey Johnson (Empire State Building shooting)

Background

Jeffrey Johnson was a 58-year-old clothing designer who had been laid off. Police described him as having a long history of antagonism with his co-worker victim.

Johnson was born in Japan in 1953 to an American father and Japanese mother, and moved to the United States when he was 10 months old. He grew up in Gainesville, Georgia. He served in the United States Coast Guard from 1973 to 1977 and was honorably discharged with the rank of petty officer second class. He attended the Ringling College of Art and Design in Sarasota, Florida from 1978 to 1980, leaving a year shy of the three years required for a certificate.

Johnson owned a T-shirt design company entitled St. Jolly's Art. He was involved with a community of birdwatching photographers interested in hawks in Central Park, and his snapshots regularly appeared on blogs tracking the birds in the area.

At the time of the attack, Johnson lived alone in a walk-up apartment on Manhattan's Upper East Side. His building's superintendent and neighbors described him as quiet and polite, wearing a suit each morning, greeting neighbors, and getting takeout from a nearby McDonald's before remaining in his apartment for the rest of the day. A neighbor, Gisela Casella, 71, said: "He was the nicest guy," and also said: "I never saw him with a woman, and I would always say to myself, Boy, he deserves a nice girlfriend."

People around Johnson described him as fastidious at his apartment, which he shared only with cats. One neighbor said Johnson ran his vacuum early in the morning. A co-worker described Johnson as very detail-oriented and “eccentric,” saying that if he had a free minute he would start doing origami.

A longtime co-worker described Johnson as regimented and military in demeanor and characterized their workplace dynamic as a hostile rivalry. The owner, Ralph Hazan, warned that Johnson might have been suffering from post-traumatic stress disorder, and co-workers said everyone walked on eggshells around Johnson.

Johnson had no known criminal record or history of psychiatric problems. The handgun used in the shooting was legally purchased in Sarasota, Florida in 1991, but he did not have a license to carry a handgun in New York City. Police Commissioner Raymond W. Kelly described the handgun as a Spanish-made semiautomatic pistol, and law enforcement officials said Johnson bought it in 1991 in Sarasota, Florida, where he attended art school.

Johnson had worked at Hazan Imports for six years. He was laid off about a year before the shooting due to downsizing of employees. Another account described the layoff as occurring almost two years before the shooting and described Hazan Imports as doing cost-cutting by late 2010 or early 2011.

Hazan Imports was founded about 40 years ago by Isaac and Ralph Hazan, and Isaac Hazan died in 2009.

Johnson’s grievances were described as tied to his financial problems and workplace conflicts. Police sources said he recently found out he was being evicted from his apartment, which may have precipitated the shooting.

A mayor and police commissioner made remarks shortly after the shootings indicating they believed police might have accidentally shot civilians. The day following the shooting, Kelly confirmed that the bystanders had been wounded as a result of police gunfire.

The offence

On Friday, August 24, 2012, at approximately 9:03 a.m. EDT, at the Fifth Avenue side of the Empire State Building, Johnson emerged from hiding behind a van. He pointed a .45-caliber semiautomatic handgun at former co-worker Steven Ercolino's head and fired one round. After Ercolino fell to the ground, Johnson stood over him and fired at him four more times, killing him.

A witness reported seeing Johnson walk up to Ercolino and pull a gun out of his jacket.

After the shooting, Johnson concealed the handgun in a briefcase he was carrying. Pedestrians screamed and panicked.

A construction worker followed Johnson on West 33rd Street and alerted police officers stationed in front of the Empire State Building's 33rd Street entrance.

When confronted by the two officers, Johnson raised his weapon but did not fire. The officers fired a total of 16 rounds, killing Johnson and injuring nine bystanders. Johnson's handgun held eight rounds and had two rounds remaining when he was shot. Extra ammunition was found inside his briefcase.

Witnesses said people at the scene were shouting, "Get down! Get down!" and that the gunfire lasted about fifteen seconds.

The victims who were hospitalized included five women and four men ranging in age from 20 to 43. They were hospitalized at Bellevue Hospital Center and New York–Presbyterian Hospital/Weill Cornell Medical Center. By Friday evening, six of the nine were treated and released from the hospitals, and officials said their wounds were not life-threatening.

Police Commissioner Raymond W. Kelly said Johnson's gun was a Spanish-made semiautomatic pistol. Police said three of the bystanders were directly hit by police gunfire and the rest of the injuries were caused by fragments of ricocheting bullets or by debris from other objects hit by police.

Investigation

After the shooting, the New York City Police Department released a brief surveillance video of the shootout between Johnson and the police. A second video was caught by an Australian tourist from street level.

One officer and the other officer fired different numbers of rounds: one officer fired seven times and the other nine times, with police later saying the officers fired a total of 16 rounds.

Police spokesperson Paul J. Browne said a witness had told investigators that Johnson had fired at the two officers, but he said there was no ballistics to support that. Browne also said it was possible the officers had shot Johnson before he could return fire. Browne said neither officer had been involved in a shooting before.

In connection with the workplace confrontation, police said Johnson and Ercolino had filed harassment complaints against each other and that both claimed the other threatened him.

Quotes from witnesses and officials included the following:

• Joseph Cohen, 27, said he assumed, "it was balloons popping or something" until he saw the commotion, and later said, "It was like nothing I’d ever heard in my life."
• A witness, Darrin Deleuil, said: "A guy with a briefcase just came and just stood right over him and just kept shooting him — boom, boom, boom," and also said: "He looked right at me," and: "He wanted every bullet for that guy."
• A construction worker, Guillermo Tarzlaff, identified himself as an electrical worker.
• A witness, Irene Timan, 35, said: "I saw him pull a gun out from his jacket, and I thought to myself, ‘Oh my God, he’s going to shoot him’ — and I wanted to turn and push Steve out of the way," and said: "But it was too late. Steve screamed, Jeff shot him, and I just turned and ran."
• Irene Timan also described the earlier elevator confrontation, saying: "Steve was leaving the elevator, Jeff was walking in, and Jeff elbowed him," and: "Steve had finally had enough, so he grabbed Jeff by the throat, and said, ‘If you ever do anything like this again, I’m going to kill you.’ "
• Irene Timan described the aftermath of the earlier confrontation, saying: "He went down to the precinct and called me from there, and he said, ‘You’re never going to believe this, but Jeff just left, and he filed a complaint against me!’ "
• Mayor Michael R. Bloomberg told reporters at the scene: "It looked like police might have accidentally shot civilians during the incident."
• Mayor Michael R. Bloomberg also said, "As he approached the two officers in front of the Empire State Building, Mr. Johnson took out his gun 'and tried to shoot the cops and kill the cops,' "
• Paul J. Browne described an outcome and said: "it’s possible" that the officers had shot him before he could return fire.
• A law enforcement official said: "It’s great video — you see him drawing on the cops, you see the whole thing," and: "The cops had no choice."
• A witness identified as Mr. Deleuil added: "He looked right at me," and "He wanted every bullet for that guy."
• Robert Asika, 23, said: "The bullet came in and went out," and: "I’m very lucky."
• When asked how he felt about that, Robert Asika said: "I guess, you know, stuff happens."

Arrest

No arrest occurred; Johnson was killed at the scene after officers fired at him when he raised his weapon.

Trial

No trial information was included.

Sentencing

No sentencing information was included.

Appeals

No appeals information was included.

Outcome

Johnson died after police officers fired on him at the Empire State Building following the killing of Steven Ercolino. Nine bystanders were injured by stray bullets fired by the officers and ricocheting debris; none suffered life-threatening injuries.

Aftermath

Streets around the Empire State Building were blocked for hours, disrupting traffic in Midtown Manhattan, and were reopened by late afternoon.

The New York Police Department released surveillance video showing Johnson wearing a suit, holding a briefcase, and raising his handgun at the officers, who responded with gunfire. The footage showed Johnson being struck by police bullets, dropping his briefcase, and falling to the ground on his back. A second video showed officers with weapons pointed at Johnson lying on his back just after he was shot, and bystanders trying to hide behind buildings during the ensuing chaos.

At a news conference shortly after the shootings, New York City Mayor Michael Bloomberg and Police Commissioner Ray Kelly said it appeared that police might have accidentally shot civilians during the incident, and Kelly later confirmed that all of the bystanders had been wounded as a result of police gunfire.

Victims and individuals named

Victim of the shooting

Steven Ercolino

• Age: 41
• Role: co-worker victim; vice president at Hazan Imports; salesman
• Residence: lived with his girlfriend in Hoboken, New Jersey
• Education: a 1992 graduate of the State University of New York at Oneonta
• Family: his brother Paul spoke publicly; Francis Ercolino spoke to say he spoke daily with his son and that he never mentioned problems at work; Steven’s sister and two brothers, along with his nephews and nieces, were described as heartbroken
• Descriptions: described by Paul as "a gregarious, outgoing family man"
• Workplace history: he and Johnson filed harassment complaints against each other, and police said both claimed the other threatened him

Quotes included:

• Francis Ercolino said: "He was just a wonderful person," and: "Just write that. I have nothing else to say."
• Paul Ercolino said that Steven never mentioned having any problems with a co-worker and described him as "a gregarious, outgoing family man."

Injured bystanders

Nine bystanders were wounded and hospitalized:

• Five women and four men
• Ages: ranging from 20 to 43
• Additional account: ages ranging from 21 to 56 for New Yorkers, and the ninth was a 35-year-old woman visiting from Chapel Hill, North Carolina
• Hospitals: Bellevue Hospital Center; NewYork–Presbyterian/Weill Cornell Medical Center
• Treatment: by Friday evening, six of the nine had been treated and released

Named bystanders included:

• Robert Asika, 23, a ticket seller for Gray Line tours; he said he had his right arm in a sling and stated: "The bullet came in and went out," and "I’m very lucky," and said: "I guess, you know, stuff happens."
• Joseph Cohen, 27, who was buying coffee in a fast-food restaurant across Fifth Avenue from the Empire State Building
• Irene Timan, 35, who witnessed Johnson and described the initial shooting and earlier elevator confrontation

Other named bystanders and witnesses included:

• Darrin Deleuil
• Guillermo Tarzlaff, an electrical worker
• Joseph Goldstein, Randy Leonard, Sarah Maslin Nir, Sharon Otterman, Wendy Ruderman, Alex Vadukul, Vivian Yee, and others were listed as reporting contributors, but no additional incident roles were established for them.
• Paul J. Browne, police spokesperson
• Michael Bloomberg, mayor
• Ray Kelly, police commissioner
• Raymond W. Kelly, police commissioner
• Kathleen Walsh, referenced as a former landlord who was told by Johnson that he was a sharpshooter
• Guillermo Suarez, 72, also called Bill, identified as Johnson’s superintendent
• Gisela Casella, 71, neighbor

Other details

Johnson’s relationship history with Steven Ercolino included workplace scuffles and threats that were described as follows:

• There were disputes due to Ercolino not promoting Johnson's T-shirt line.
• One incident reported to police happened inside an elevator when Johnson threw his elbow at Ercolino. Ercolino responded by grabbing Johnson's throat and threatening him.
• In another incident, in April 2011, Johnson reportedly told Ercolino "I'm going to kill you" while on the elevator.
• After Johnson was laid off, he visited the company regularly and reportedly had confrontations with Ercolino each time.
• After the elevator scuffle in April 2011, Irene Timan described that Ercolino told her: "If you ever do anything like this again, I’m going to kill you."
• Irene Timan said that after going to the precinct, Ercolino called her and said: "You’re never going to believe this, but Jeff just left, and he filed a complaint against me!"
• Police said Johnson claimed Ercolino had threatened him and Ercolino claimed Johnson had threatened him.

Johnson’s online drawings included:

• Johnson described a caption beneath his rendering of a muscle car as: "This gallery of illustrations is an homage to all the great art and artists featured in all the automotive comics my friends and I pored over as kids during the ’60s."
• Johnson wrote and shared a series of six illustrations of an attractive woman on a motorcycle describing a chance encounter in Florida in 1983. He wrote: "Her blonde tresses fell just below the taut line of her shoulders and was being teased by a sea breeze coming off the bay," and he said: "Nice bike," and the woman replied, "in a soft, throaty voice, ‘Fast bike.’ "