Commonwealth v. Johnson

• Decision Date: 30 December 2014
• Docket Number: No. 680 CAP,680 CAP
• Citation: 107 A.3d 52,630 Pa. 493
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Christopher Lynn JOHNSON, Appellant.
• Court: Pennsylvania Supreme Court

630 Pa. 493

107 A.3d 52

COMMONWEALTH of Pennsylvania, Appellee

v.Christopher Lynn JOHNSON, Appellant.

No. 680 CAP

Supreme Court of Pennsylvania.

Argued March 11, 2014.

Decided Dec. 30, 2014.

Sean Alexander Mott, Esq., Public Defender's Office, Kristin Luene Rice, Esq., Adams County Public Defender's Office, for Christopher Lynn Johnson.

Robert Martin Falin, Esq., Montgomery County District Attorney's Office, Shawn C. Wagner, Esq., Adams County District Attorney's Office, Amy Zapp, Esq., for Commonwealth of Pennsylvania.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice STEVENS.

This is a direct appeal from the judgment of sentence of death following the conviction of Appellant Christopher Lynn Johnson (“Appellant”) on one count of first-degree murder¹ and related charges² entered in the Adams County Court of Common Pleas. For the following reasons, we affirm the judgment of sentence.

The record reveals that on the night of November 11, 2010, Officer David Grove, a Deputy Wildlife Conservation Officer of the Pennsylvania Game Commission, was patrolling the area near Gettysburg National Military Park in Freedom Township, Adams County when he informed Adams County 911 center at 10:32 p.m. that he had encountered a vehicle “spotlighting”³ just across from the Battlefield. N.T. 9/24/12 at 56. According to the 911 operator who testified at trial, Officer Grove reported seconds before 10:34 p.m. that he was prepared to stop the vehicle. At just after 10:35 p.m., he transmitted the license plate number of the stopped pick-up truck, which was registered to Appellant. At just before 10:37 p.m., Officer Grove stated that the driver and passenger were out of the pickup truck and he was awaiting assistance before proceeding further.

The next transmission the 911 center would receive came from responding Officer Daniel Barbagello, who, at seconds before 10:39 p.m., called “officer down, officer down.” N.T. at 59. Officer Barbagello detected no pulse when he examined Officer Grove, who had been shot three times, including a fatal shot to the back of the neck.

For the six hours leading up to that tragic shooting, 27 year-old Appellant and his 19 year-old friend Ryan Laumann had been drinking beer and driving Appellant's pick-up truck in the area looking for deer to shoot. N.T. 479–515. Earlier that afternoon, Laumann had returned home from work at about 4:00 p.m. to find Appellant waiting there with the odor of an alcohol called “99 Bananas” on his breath. N.T. at 476. Laumann perceived Appellant to be “walking fine, talking fine,” though he “seemed to be maybe a little tipsy like buzzed a little bit. He was kind of giggly, more or less just kind of giggled at the smallest little things a little bit.” N.T. at 477, 478. Laumann, a licensed hunter, brought his compound bow with him and rode passenger as Appellant drove capably, in Laumann's opinion, for the approximately five minute drive to the Johnson's hunting cabin off Orrtanna Road. N.T. at 479–480.

After drinking a beer or two, the two men shot Laumann's compound bow, and Appellant's crossbow and .22 long rifle with a scope to make sure they were still “sighted in.” N.T. at 480. They walked along the tree line and climbed up into their tree stand, a three to four foot wide landing accessible by an 18–step, leaning metal ladder, N.T. at 488. Laumann carried his compound bow up the ladder while Appellant made his way up the ladder carrying his crossbow without any problem. N.T. at 489. The two sat on the tree stand until dark without any safety restraints, drank beer, and watched for deer. N.T. at 480. Over the course of their time there, Laumann saw Appellant drink six or seven cans from a 12–pack of Bud Light while he had two or three. N.T. at 484, 490. Another source of beer available that night was a small stock of cans kept in the creek, though Laumann did not state definitively whether Appellant drank any from that stock. N.T. at 492–93. Laumann was “pretty sure,” but not certain, that all empties were thrown into the bed of the pick-up truck. N.T. at 493. At dark, the men climbed down from the tree stand and walked back to the cabin, and again, Laumann saw nothing about Appellant to indicate he was having difficulty with his balance. N.T. at 491. Other than the moment Appellant quickly went back into the cabin before boarding the pick-up and leaving, the two men were together the entire time. N.T. at 484.

Appellant drove the two to Ross Orchard, where they began spotlighting for deer. N.T. at 494–95. Appellant had no problem negotiating the orchard's roads, which Laumann described as “just little dirt lanes wide enough for a vehicle” and “a little bumpy from time to time[,]” with one hand on the wheel while simultaneously holding a spotlight out the driver's side window with the other, Laumann testified. N.T. at 498. The two spotted a number of deer without any attempt to hunt, and then left the orchard. They drove along local roads, turning frequently, went across a bridge, down a stone lane, and across a creek until they arrived at Red Rock Road. N.T. at 500. Laumann witnessed Appellant drink “a few” more beers from the Bud Light 12–pack during this time, but noted that Appellant negotiated a stretch of road where the two had gotten stuck only ten days earlier. N.T. at 503.

Appellant stopped the pick-up when his spotlight shone upon a doe. He leaned out the window and over the roof and continued to aim the light directly on a doe positioned 20 to 25 yards away in a field along the passenger side as Laumann registered a strike just behind the deer's left shoulder with his compound bow. N.T. at 503, 505. The two did not retrieve the deer, opting instead to give it time to die. N.T. at 507. Appellant drove further along Red Rock Road about a few hundred yards when he spotted a deer in a field on the driver's side. N.T. at 507. Saying he wanted the deer, he backed up into a driveway to change directions on Red Rock Road. He regained sight of the deer and shone a light on it while Laumann pointed the .22 long rifle outside the passenger side window and fired, but he missed. Appellant grabbed the rifle from his position in the driver's seat and leaned across the console to poke his body out the passenger window while still holding the spotlight with his left hand. He then braced the rifle between his right arm and torso and fired twice at the deer, causing it to stumble and fall. N.T. at 507–512. On cross examination, Laumann confirmed that Appellant, whom he described as an “average shot,” would have used his right hand to pull the trigger, swing the oval lever beneath the trigger down to discharge the shell and back up to load the next shell into place, and then pull the trigger to take the second shot. N.T. at 566–67.

Appellant drove off, leaving the deer for later retrieval, and turned down nearby Schriver Road when he and Laumann noticed headlights appear from behind. N.T. at 516. Laumann said he believed it was “DNR”⁴ and Appellant replied “Do you think?” as they saw blue and red overhead lights activated. N.T. at 516. Appellant continued to drive around a bend and pulled over alongside the road near pine trees and roadside brush. N.T. at 517. On cross-examination, Laumann insisted Appellant pulled over immediately, at the first safe opportunity, upon seeing the overhead lights. N.T. at 576.

Before their encounter with Officer Grove would begin, Laumann worried aloud that they were in “a lot of trouble” for shooting the deer, to which Appellant replied “[d]on't worry, I got you, but I'm not going back to jail.” N.T. at 518. Appellant said this in a “normal tone like he was being serious, but [Laumann] did not take it as threatening ... like he was going to harm anybody.” N.T. at 518.

They remained seated as Officer Grove addressed them by loudspeaker from his patrol SUV. N.T. at 517. He ordered Appellant to turn off the engine and drop the keys out of the driver's side window, and Appellant complied. N.T. at 517–18. Officer Grove then directed Appellant to lean his arm outside the driver's side window, open the driver's side door using the exterior handle, step outside the vehicle, close the door, and stand with his hands atop the vehicle. Again, Appellant complied. N.T. at 518.

When Officer Grove asked if there were any passengers in the vehicle, Appellant nodded, and Officer Grove gave Laumann the same instructions for exiting and placing his hands on the vehicle alongside Appellant. N.T. at 519–520. After ordering the men to remain still at that time, Officer Grove remained in his vehicle for about one minute. He asked if there were weapons in the car and, if so, where, and Appellant answered there were weapons in the back seat of the cab. N.T. at 522.

It was at this time Appellant whispered to Laumann that he had a .45 on his side. N.T. at 521. Laumann warned there was nothing he could do about it and that it would be discovered and taken away. N.T. at 521. Officer Grove then ordered Appellant to place his hands on his head and walk backwards towards the patrol car. Appellant was able to comply. N.T. at 522, 579. Officer Grove approached Appellant and placed a handcuff on him, prompting Appellant to yell “What did I do? Why am I being arrested?” N.T. at 523–24. Officer Grove gave no answer and Appellant began to resist. Officer Grove's voice rose, Laumann testified, as he issued four or five commands during the struggle for Appellant to get down on the ground. The next thing Laumann heard was the sound of gunshots, and Laumann dropped to the ground behind the truck and lost sight of the encounter. N.T. at 525–26. When he peeked for a second, Laumann saw Appellant standing in a backward leaning posture and firing at least three more shots in rapid succession with the gun in his right hand and right arm fully extended. N.T. at 527, 530, 531, 581.

Laumann screamed Appellant's name and then everything went...