Derrick Lamone Johnson

Case record: Derrick Lamone Johnson

Background

Derrick Lamone Johnson was a Black male with black hair and brown eyes. He was 5' 8" and weighed 156. He had an education of 9 years and worked as a kitchen laborer. His native county was Dallas.

Johnson had a prior prison record of #813933. He received a ten-year sentence for one count of Robbery and was released on 05/11/98 on shock probation.

Johnson and his co-defendant Maxwell were described as underage co-defendants in relation to earlier conduct: Maxwell was 15 at the time of the offenses described as part of the spree, and Johnson was also described as 18 at the time of LaTausha Curry’s offense.

The offence

On the evening of Jan. 21, 1999, LaTausha Curry left her Oak Cliff area home in her red 1987 Ford Taurus to meet someone for a date. A summary of the evidence presented at trial described Curry never returning.

At around midnight on the evening Curry disappeared, a woman went to a gas station and noticed a red car occupied by two young men. One of the men pointed a gun at her and demanded her purse; she gave it to them. In court, she identified Johnson as the robber and driver of the car, and she identified Curry's red Ford Taurus as the car Johnson was driving.

In the early morning hours of January 22, Johnson and an accomplice tried to force another woman off the road using Curry’s red Taurus, but she evaded their attempts and ultimately chased them until police could join her. Although Johnson and his accomplice fled the car, Johnson was later captured and confessed in writing that he and his accomplice sexually assaulted and killed Curry. Johnson also told the police where Curry's body could be found. The body was found where Johnson said it would, and Johnson's fingerprints were found in the victim's car. DNA testing matched Johnson to seminal fluid found on Curry's sweat pants.

A detailed description of the assault and killing stated that Curry was abducted after getting out of her car to make a nighttime call at a Dallas pay phone. She was robbed of less than $10. She was driven away in her car. She was raped, beaten with a two-by-four, and suffocated with her own blouse.

A further description of the scene at the time of the killing stated that Curry fought back against her attackers. Authorities determined the 1999 slaying was part of a two-week crime spree involving Johnson and a companion that left numerous women robbed or raped from Dallas to south of Waco, some 100 miles away.

Co-defendants

Marcus Maxwell was identified as a co-defendant. In one account, Maxwell was described as 15 at the time and later pleaded guilty. Another account described Maxwell as now 25 and serving four concurrent 40-year prison terms following a plea deal.

Co-defendants: Maxwell, Marcus.

Investigation

Johnson was arrested four days later at his mother's apartment. Police found bags of cocaine inside a hollowed-out pager he was carrying. In an earlier account, it was stated that Johnson confessed in writing and orally, and told police where Curry’s body could be found.

A forensic description stated that Johnson's fingerprints were found in Curry's car, and DNA testing matched Johnson to seminal fluid found on Curry's sweat pants.

Johnson’s fingerprints were also stated to have been found in LaTausha’s car, and DNA recovered from seminal fluid found on the victim's clothing was matched to Johnson.

Arrest

Trial

A Dallas County grand jury indicted Johnson for capital murder in LaTausha Curry’s death. A jury found Johnson guilty of capital murder after it was described that following a separate punishment hearing the court assessed a sentence of death.

The trial included evidence from multiple witnesses. The narrative accounts stated that a woman at a gas station identified Johnson as the robber and driver of the car. Additional testimony involved an attempt to force a woman off the road and a chase involving police.

One account stated that the Dallas County jury deliberated about 50 minutes before convicting him.

The only defense witness at Johnson's capital murder trial was his mother. She testified that he had been raised by family members after she was sent to prison with a 15-year drug sentence.

Witnesses and identifications

Stella Wilson went to a gas station and noticed what she described as a "burgundy" car occupied by two young black men. One of these men later pointed a gun at her and demanded her purse, which she relinquished. In court, she identified Johnson as the robber and driver of the car, and she identified LaTausha's red Ford Taurus as the car he was driving.

Tanya Robinson, an assistant manager at a Jack-in-the-Box, testified about driving home from work and noticing behind her a reddish car occupied by two people. The red car began to chase her and hit her car while both vehicles were going about seventy-five miles per hour. Robinson stopped her car, and when the driver of the red car got out of the car, she put the car in reverse and tried to run over him. She drove back to the Jack-in-the-Box and asked an employee to call the police, then followed her attackers until police could join her. During the chase, Officer Larry Byers saw the red car crash and two black males run from the car and identified Johnson as the driver. Robinson caught up with the red car after the occupants had fled and therefore was not able to identify the driver at trial, but she identified LaTausha's Ford Taurus as the car that had chased her.

Sentencing

Nov. 19, 1999 — Judgment was entered after a jury found Johnson guilty of capital murder and following a separate punishment hearing, the court assessed a sentence of death.

Appeals

Jan. 30, 2002 — Johnson’s conviction and sentence were affirmed on direct appeal by the Texas Court of Criminal Appeals.

Oct. 8, 2003 — The Court of Criminal Appeals denied Johnson’s application for state habeas relief.

May 17, 2004 — Johnson filed a petition for writ of habeas corpus in a federal district court.

Sep. 18, 2007 — The federal district court denied Johnson’s habeas petition.

Oct. 2, 2008 — The Fifth U.S. Circuit Court of Appeals denied Johnson’s request for a certificate of appealability.

Dec. 30, 2008 — Johnson petitioned the U.S. Supreme Court for certiorari review off federal habeas.

Mar. 9, 2009 — The Supreme Court denied certiorari review off federal habeas.

In his appeals, attorneys argued Johnson’s sentence should be commuted to life, that he was the product of a difficult childhood where both his parents were imprisoned for drug convictions, that he was beaten by relatives who raised him, that he had a history of school suspensions and expulsions beginning with the sixth grade, and that IQ testing put him within the range of what the courts have defined as mental retardation.

Lawyers for Johnson went to the U.S. Supreme Court to block the punishment, contending Johnson was mentally disabled and ineligible for execution under high court guidelines. About an hour before Johnson could be taken to the death chamber, the high court turned down his request for a reprieve and a review of his case.

Greg Davis, a former Dallas County assistant district attorney who prosecuted Johnson for capital murder, was quoted describing Curry's mother.

Greg Davis said: "I remember her mother coming in and saying how she lost more than a daughter."
Greg Davis said: "She said, 'I lost my best friend.' It did break the mother's heart. I think this case ultimately killed her as well."

Wayne Huff, one of Johnson's trial lawyers, was quoted as well.

Wayne Huff said: "That's a real shock"

Wayne Huff also said the system was corrupt and there was no “Justice” if you were of the low class.

Johnson wrote: "That's a real shock. The system is corrupt and there is no 'Justice' if you are of the low class"

Johnson wrote: "It's sad that if you are a poor man in the system there is no justice for you."

Execution scheduling and last legal steps

Jan. 16, 2009 — The trial court signed the order setting Johnson’s execution date for April 30, 2009.

Outcome

Apr. 30, 2009 — Johnson was executed by lethal injection in Texas.

Johnson was described as having been pronounced dead at 6:23 p.m. Nine minutes after the lethal drugs began to flow, he was pronounced dead.

Authorities described Johnson’s last statement to his mother as emotional. Johnson did not acknowledge Curry's victim’s family.

Johnson was quoted as saying:

"Don't cry. It's my situation. I got it. Hold tight. It's going to shine on the golden child."

Johnson also told her:

"That concludes the statement."

He was also described as telling his mother he loved her.

The execution was attended by Johnson's mother and by Curry's father and two sisters.

Prior criminal history and related offences

It was stated that Johnson committed eight robberies in the course of twenty-four hours. One week prior to the murder, Johnson and his underage accomplice abducted another woman, sexually assaulted her, and attempted to strangle her before she was able to persuade them to take her with them to commit robberies.

Johnson had prior convictions for robbery and burglary. Records showed Johnson had been arrested two years earlier for robbery, pleaded guilty, and received 10 years probation that included a stint in a boot camp. He was released from the camp after 65 days for good behavior.

One narrative stated that Johnson had been arrested two years before Curry’s slaying for breaking into the home of a disabled woman and demanding money. It stated that when he told her she didn't have any money, he began unzipping his pants and warned she would have to do other things; she grabbed a phone to dial 911 and he hit her in the head.

At his punishment hearing, testimony indicated that a week before Curry's murder, Johnson and Maxwell abducted, raped, and attempted to strangle Renee Williams. Another description also stated that Maxwell pleaded guilty to robbery and aggravated sexual assault and was sentenced to 40 years in prison, remaining in custody as of the writing.

Investigation-linked evidence and items recovered

After a chase involving Curry’s red Taurus, Johnson’s fingerprints were found in Curry’s car.

The impounded and searched car was described as resulting in the recovery of various items, including a pipe made to look like a gun, a mace dispenser, and a cell phone.

In the early morning hours after Curry’s killing, records showed that Johnson and his accomplice robbed a woman at a gas station after killing Curry. Later, driving Curry’s car, the pair rammed into another woman's car in a carjacking attempt; the woman called police but Johnson and Maxwell ran off and managed to elude police.

Timeline

• 01/21/1999 — LaTausha Curry left her Oak Cliff area home in her red 1987 Ford Taurus to meet someone for a date; Johnson and an accomplice later abducted Curry while she was making a call at a Dallas pay phone.
• 01/22/1999 — Johnson and an accomplice pursued and attempted to force another woman off the road using Curry’s red Taurus; police joined the chase and Officer Larry Byers identified Johnson as the driver.
• Jan. 29, 1999 — A Dallas County grand jury indicted Johnson for capital murder in LaTausha Curry’s death.
• Nov. 19, 1999 — Judgment was entered after a jury found Johnson guilty of capital murder; following a separate punishment hearing, the court assessed a sentence of death.
• Oct. 22, 2001 — Johnson filed a state writ application in the trial court.
• **Jan.
• **Oct.
• **Sep.
• Oct. 2, 2008 — The Fifth U.S.
• **Dec.
• **Jan.
• **Mar.
• April 30, 2009 — Johnson was executed by lethal injection in Texas; he was pronounced dead at 6:23 p.m.

Other details

On a Web site devoted to death row inmates, Johnson declined an interview request and made statements about his case and his defense.

Johnson wrote about his plea and stated:

"Without proper funds to retain my own lawyer, I was appointed counsel to represent me," he wrote.

Johnson wrote about being vulnerable:

"I stood vulnerable, being crucified. I was young and ignorant of the law, and thus this system victimized me."

Johnson wrote about his belief in wrongful conviction:

"I was wrongly convicted – the evidence shows."

Johnson also wrote:

"With extreme passion I set out to defend my human dignity!"

Johnson wrote about his obligation to convince supporters and about “overwhelming factual information”:

"I feel it's my obligation to convince you of why I make this claim and why you should support me with “overwhelming factual information” and I certainly intend to."

Johnson wrote about supporters becoming part of his “congregation”:

"Friends and supporters who become part of my congregation will have the opportunity to view my web page: “First hand knowledge”"

Johnson complained about court-appointed attorneys:

"Incompetent defense lawyers are being imposed."

Johnson complained about underpayment of experienced lawyers and described a lack of rational investigation:

"Experienced lawyers are being underpaid by the court to represent defendants, causing a laziness in a full rational investigation."

Johnson stated his view of constitutional flaws:

"It was discovered that 65% of all cases on deathrow are constitutionally flawed."

Johnson wrote about a position attributed to Justice Blackman of the United States Supreme Court and included an extract with quoted wording:

"Twenty years have passed wince this court declared that the death penalty must be 'imposed fairly and with reasonable consistency' or not at all and, despite the efforts of the states and counties to devise legal formulas and procedural rules to meet this daunting challenge, the death penalty remains fraught with arbitrariness, discrimination, caprice and mistake."
"This is the voice of Justice – there must be a major problem

Johnson wrote:

"It is sad that if you are a poor man in the system that there is no justice for you."

Johnson wrote about the system and justice:

"The system is corrupt and there is no “Justice” if you are of the low class."

Johnson wrote about congress and listening:

"It's time we unite for the human rights in the United States of America."

Johnson wrote:

"Texas maintains the nock-name: “The Killing Machine”."

Johnson wrote about beliefs regarding innocent people executed:

"62% of the United States believes that innocent people are being executed."

Johnson wrote about under-resourced defense and need for a skilled lawyer:

"I need the assistance of a skilled lawyer, and without any means of making wages – I can't."

Johnson called on supporters to help contribute to a defense fund and described messages:

"I call on you personally to get involved or indirectly involved – the call is yours."
"I call on you to help contribute to the Derrick Lamone Johnson Defense Fund."

Johnson wrote:

"I heard them talk about an angel… Commit with me."

Johnson’s statement also included biographical information and family description in his own words:

"I was born September 20th, 1980, in Dallas, Texas."
"My father was a diligent man with ambitions, and my mother; she showcased unconditional love."
"Dugs left my father as a broken man… when I was of the tender age of five."
"Curiosity can take blame for the things that make us cry. He exposed my mother."
"My mother conquered, and we united later in life, but my father lacked that self-discipline."
"My mother struggled and committed herself to two jobs for me and an older brother."
"I blessed her with a grandson – my son. He's two."