Christopher Thomas Johnson

Case overview

Christopher Thomas Johnson was convicted of capital murder and sentenced to death for the killing of his infant son, Elias Ocean Johnson.

Johnson executed by lethal injection in Alabama on October 20, 2011.

Background

Johnson was convicted of capital murder and sentenced to death, following guilty plea in the Escambia Circuit Court, No. CC-05-433, Bradley E. Byrne, J. Automatic appeal followed.

On October 28, 2005, Johnson was indicted by an Escambia County grand jury on the charge of capital murder for the death of his six-month-old son, Elias Ocean Johnson.

J. Todd Sterns and Charles E. Johns were appointed to represent Johnson.

Johnson began trial on December 4, 2006. After both sides had rested and during the jury charge conference, Johnson invoked his right to represent himself and moved the circuit court to allow him to reopen his case and to testify. The circuit court conducted a colloquy under Rule 6.1(b), Ala. R.Crim. P., and Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and determined Johnson’s decision to represent himself was knowing and voluntary, granting the motion and ordering counsel to remain as standby counsel. The circuit court then allowed Johnson to reopen his case and to testify.

After testifying, Johnson moved to change his plea from not guilty to guilty. The circuit court conducted a colloquy as required under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), and Rule 14.4, Ala. R. Crim. P., informing Johnson of the rights he would be waiving and questioning him to ensure the decision was knowing and voluntary. The circuit court allowed Johnson to plead guilty to capital murder.

Following the jury’s verdict, the penalty phase began. The State submitted the aggravating circumstance that the offense was especially heinous, atrocious, or cruel under § 13A-5-49(8), Ala. Code 1975, and adopted the evidence presented during the guilt phase. Johnson, representing himself, presented no evidence in mitigation and urged the jury to recommend a sentence of death. After the circuit court instructed the jury regarding weighing aggravating and mitigating circumstances, the jury unanimously recommended a sentence of death. The circuit court accepted the recommendation and sentenced Johnson to death.

After being sentenced to death, Johnson invoked his state-law right to represent himself on appeal and refused to file a notice of appeal. On February 21, 2007, the circuit court entered an order of appeal pursuant to § 12-22-150, Ala. Code 1975, and the case was appealed for automatic review under § 13A-5-55, Ala. Code 1975. On February 27, 2007, the appellate court remanded with instructions for a hearing to advise Johnson of the disadvantages of self-representation on appeal and the consequences of failing to file an appellate brief, and to determine whether he knowingly and voluntarily waived counsel on appeal and understood the consequences of failing to file a brief.

On March 26, 2007, the circuit court held a hearing and thoroughly informed Johnson of the disadvantages and consequences of self-representation and the refusal to file an appellate brief, and determined the decisions were knowing and voluntary and not the result of coercion, threats, or promises.

Johnson declined to file an appellate brief.

The offence

Johnson was convicted of capital murder pursuant to § 13A-5-40(a)(15), Ala. Code 1975, requiring an intentional killing of a child under 14 years of age.

The victim was Elias Ocean Johnson, a six-month-old son of Christopher Thomas Johnson.

Events leading to the death

Johnson’s wife, Dana, gave birth to their son, Elias Ocean Johnson, on August 22, 2004.

In February 2005, the Johnsons lived in a duplex in Atmore, Alabama, with the appellate record stating the address as 103 Horner Street in Atmore, Alabama.

On February 19, 2005, Suzanne Mims and Jason Mims, along with their infant, Sophie, arrived at the Johnsons’ duplex around 8:30 p.m. to play board games. While playing board games, the Johnsons and the Mims drank alcoholic beverages. Around 1:00 a.m., the Mims left the duplex to go home. At around 9:00 a.m., Dana woke up and found Johnson and Elias on the couch. Dana stated that Elias had bruises and appeared to be dead. Dana tried to check Elias’s pulse but could not find one, then called emergency 911.

Paramedics Tim Grabill and Jareth Heibert arrived at the Johnsons’ duplex. Johnson was holding Elias. Grabill observed that Elias was “very pale, limp and his extremities were cool to the touch.” Elias was not breathing and had no heartbeat. Although Grabill believed Elias was already dead, he performed CPR and rushed Elias to the emergency room at Atmore Hospital. At the hospital, Elias was carried into the emergency room still performing CPR and placed on a trauma bed. Dr. Steven Michael Sharp testified that Elias appeared to be dead when he arrived at the hospital.

Dr. Sharp described multiple injuries and noticed bruises on Elias’s face, a bruise on the bridge of Elias’s nose, and ruptured blood vessels around Elias’s eyes and chin, as well as a bite mark on one of Elias’s arms. Elias had blood in his mouth and blood in his stomach. Dr. Sharp cleared his airway and placed an endotracheal tube in Elias’s throat so medical personnel “could breath for the child.” After attempts to resuscitate Elias failed, Elias was pronounced dead.

Investigation

Investigator Chuck Brooks and Police Chief Jason Dean with the Atmore Police Department went to Atmore Hospital to investigate the circumstances of Elias’s death.

One law-enforcement officer asked Johnson and Dana to come to the police station and provide statements relating to the death of their child. Dana rode to the police station with a member of her church, and Johnson rode with Chief Dean.

During the ride to the police station, Johnson spontaneously stated that he had something to do with Elias’s death. At the police station, Johnson gave a statement to Investigator Brooks and Irene Johnson, a social worker with the Alabama Department of Human Resources. After being informed of and waiving Miranda rights, Johnson indicated that Elias had been crying and that he laid on top of Elias to try to quiet the child. When Elias did not stop crying, Johnson stuck his fingers in the child’s mouth and hit him. Johnson stated: “[l]ast night was the hardest that [he] ever hit [Elias and he was] pretty sure [Elias’s death was his] fault.” Johnson also stated that after the event, he did not think he had seriously injured Elias.

Medical evidence

Dr. Kathleen Entice, a medical examiner formerly with the Alabama Department of Forensic Sciences, performed the autopsy on Elias and testified it was reasonable to estimate Elias suffered 85 separate injuries, including a bite mark on his arm. She testified that Elias had multiple bruises on his face and head. Both ears were swollen and bruised, consistent with a “boxing blow” and squeezing. Entice testified Elias’s lower lip was swollen and bloody from a blunt-force injury. She explained Elias had three impact injuries to his forehead, that Elias’s ethmoid bone was broken and his sinuses were full of blood, and that Elias had deep contusions on his head and hemorrhaging in his brain as a result of blunt-force trauma. Entice testified Elias had hemorrhages in both eyes and injuries to his inner lips and nose indicating smothering by the “forceful covering, sealing off [of] his mouth and nose.”

Entice testified Elias’s injuries had been inflicted within 24 hours of his death. Entice opined that Elias died as a result of blunt-force trauma and smothering.

Dr. Entice also testified Elias’s injuries would have been painful and Elias had swallowed blood indicating that he was alive during the abuse. Johnson’s statement indicated Elias was alive and conscious during the abuse.

Arrest and detention

Johnson was incarcerated in Holman Correctional Facility.

The appellate record and prison information described Johnson as having been on death row at Holman since February 2007. The prison information included Holman prison visitation and extended visiting hours for Johnson on the day of his execution.

Trial

Guilty plea and sentencing

Johnson pleaded guilty to capital murder and was convicted of capital murder under § 13A-5-40(a)(15), Ala. Code 1975.

The penalty phase proceeded with the aggravating circumstance that the offense was especially heinous, atrocious, or cruel under § 13A-5-49(8), Ala. Code 1975. Johnson, representing himself, presented no mitigation evidence and urged the jury to recommend a sentence of death. The jury unanimously recommended death, and the circuit court sentenced Johnson to death.

Self-representation and testimony

Johnson invoked the right to represent himself and to reopen his case and testify, after a colloquy establishing that his decision was knowing and voluntary.

Johnson testified that he intentionally murdered his six-month-old son because he hated his wife. He also testified he did not want to worry about his wife’s threats of putting him in jail for alimony or child support, and that he intentionally inflicted wounds on Elias that caused Elias’s life to expire.

Johnson stated that his final words to Elias were: “You go see Jesus.”

The appellate record described a guilty-plea conviction being supported by sufficient evidence to sustain a conviction, including Johnson’s in-court confession and the State’s evidence.

Sentencing

Johnson was sentenced to death.

In addressing the propriety of the conviction and the death sentence, the appellate court stated that the murder was capital because the victim was under 14 years of age, and that the State established especially heinous, atrocious, or cruel nature under § 13A-5-49(8), Ala. Code 1975.

The appellate court stated the record did not reflect the death sentence was imposed as the result of the influence of passion, prejudice, or any other arbitrary factor. The court also stated the circuit court found the aggravating circumstances outweighed the mitigating circumstances.

Regarding mitigation, the sentencing order included findings covering Johnson’s family history and upbringing, including that he was primarily reared by his mother because his father and mother were never married, his sporadic contact with his father, and that he had four half sisters with one sister dying in 1999 at age thirty-three, plus one half brother. The sentencing order described his youth in North Carolina with residence with his mother and stepfather James Johnson, and his reported sexual molestation by an uncle from ages seven through twelve. It also discussed behavior problems in adolescence, with psychiatric hospitalizations in North Carolina due to chronic suspensions and disrespect to teachers, medication including Mellaril and Thorazine, reported running away, first hospitalization at age twelve for behavior and conduct issues, three hospitalizations at the State facility in Morganton, a rehabilitation hospital in Fletcher, a reformatory type school, and attendance at the Jack Eckerd Outdoor Wilderness Program. The sentencing order described reported alcohol use beginning at age twelve and regular use starting at age sixteen, prescription drug use beginning around age sixteen including multiple drugs, and alcohol consumption described as up to two bottles of whiskey a day at times and almost daily marijuana use until December of 2004. The sentencing order stated Johnson reported stopping alcohol and drugs due to the birth of his son, and that he had not had any alcohol for about three months until Elias Ocean Johnson was killed.

The sentencing order described that from the pre-sentence report it appeared Johnson completed the ninth grade but did not graduate from high school, later obtaining a GED. It described meeting his future wife in June 2003 in Tucson, Arizona, with both homeless at the time, moving to Pensacola, marrying when she became pregnant in November 2003, and moving from Pensacola to Walnut Hill and then to Atmore. The sentencing order described Johnson obtaining a job at Swift Supply Company in June 2004 working six days a week, and that he and his wife had a volatile relationship. The sentencing order stated Johnson consumed alcohol on the night Elias was killed, including at least four daiquiris with more than an average amount of rum per drink. The sentencing order stated Johnson readily admitted his involvement and expressed remorse when questioned about Elias’s death and gave details to Investigator Brooks about covering Elias’s mouth and placing his fingers down Elias’s throat to stop crying, and that Elias seemed to be alright afterward, breathing and calm, and that when Elias closed his eyes Johnson believed Elias was sleeping.

The sentencing order also stated it was reported Johnson made a suicide attempt during his first weeks of incarceration by stuffing toilet paper in his nose and eating toilet paper, and that both psychologists found personality disorder with anti-social features along with a history of polysubstance abuse including alcohol, crystal methamphetamine, prescription drugs, crack, powder cocaine, and marijuana.

The sentencing order stated it considered Johnson’s family history, turbulent childhood and behavioral problems as a child and teenager, as well as sexual abuse, lack of discipline, and absence of a stable home environment during formative years, and chronic abuse of alcohol and drugs. It stated the court searched the record for evidence of mitigation in view of the fact this was a capital case and considered non-statutory mitigating circumstances throughout the proceeding.

The appellate court stated it independently reweighed aggravating and mitigating circumstances and found Johnson’s death sentence appropriate. The appellate court also stated that a death sentence was neither excessive nor disproportionate when compared to penalties in similar cases and that plain error was not found.

Appeals

Johnson’s appeal was an automatic review.

The appellate court affirmed Johnson’s convictions and his sentence of death. It held that his decisions to represent himself on appeal and forgo filing of an appellate brief were knowing and voluntary; that conviction was supported by sufficient evidence; that the death sentence was appropriate; and that the death sentence was neither excessive nor disproportionate.

Johnson v. State , 40 So.3d 753 (Ala. Crim. App. 2009). (Direct Appeal)

Outcome

Johnson was executed by lethal injection in Alabama on October 20, 2011.

He was pronounced dead at 6:25 p.m.

Johnson’s last words before he was executed were “Game over.”

Johnson became the 31st inmate executed by lethal injection in Alabama.

Aftermath

Johnson refused to pursue appeals in his case after he was sentenced to death, and filed court papers in May saying he did not want anyone to go to court on his behalf.

Family members included Johnson’s brother, Thomas Eugene Lagos, who visited Johnson earlier in the day and was present as a witness at the execution.

Execution setting and witness details

Johnson was strapped to a gurney in the execution chamber before the lethal drugs were administered.

Lagos sat on the front row in the witness room and flashed hand signals with Johnson through a glass partition. Lagos made a sign with his index finger and little finger extended while Johnson did the same. Brian Corbett, a spokesman for the Alabama Department of Corrections, later said he had seen other inmates make that sign during executions and believed it was a symbol for “I love you.”

After the lethal injection drugs appeared to flow through three tubes from an opening in the wall, Johnson’s left hand relaxed and his fingers lay flat. When Johnson’s body twitched, Lagos said, “Cardiac arrest,” although Corbett said Lagos was not accurate in his description of the medical event.

Lagos said: “It’s a hard thing to watch. A lot of questions are in a lot of minds. “He paid his price,” he went on. “He’s been waiting on this awhile. You can speak now. He’s done.”

When reporters asked questions during the execution, Corbett stated that Lagos could agree to be interviewed after the execution was finished outside the prison area and that it was not the appropriate time during the execution.

Food and last meal

Johnson’s final meal included a turkey bologna sandwich with tomatoes and cheese, french fries, and an orange drink. Later, from a vending machine, Johnson got a Reese’s Cup, pretzels, and a grape Sunkist drink.

In a separate description of the day, Johnson had eggs, grits, and biscuits for breakfast and skipped lunch in lieu of a Thursday dinner.

Prior convictions, mental health, and background details (as described at sentencing)

The sentencing order described Johnson’s IQ as 127 and included behavioral and mental-health related details: psychiatric hospitalizations, medication including Mellaril and Thorazine, history of running away, treatment in wilderness program and facilities, personality disorder with anti-social features, and history of polysubstance abuse including alcohol, crystal methamphetamine, prescription drugs, crack, powder cocaine, and marijuana.

The sentencing order stated Johnson reported he began using alcohol at age twelve and regularly starting at age sixteen, that he started prescription drugs, crack cocaine, powder cocaine, crystal methamphetamine and marijuana around age sixteen, and that he stopped drinking and using drugs due to the birth of his son and had no alcohol for about three months until the killing.

The sentencing order also included the report of a suicide attempt during early weeks of incarceration by stuffing toilet paper in his nose and eating toilet paper.

Legal identifiers and prison information (as provided)

Johnson was listed with DOC# Z736 and as an inmate at Holman Correctional Facility.

Charge: MURDER County: Escambia Victim: Elias Ocean Johnson (six-month-old son) Execution location: Holman Correctional Facility, Atmore, Alabama