Johnson v. Chappius
| Decision Date | 06 May 2022 |
| Docket Number | 17-CV-6703 (CJS) |
| Parties | CALVIN JOHNSON, Petitioner, v. PAUL J. CHAPPIUS, Respondent. |
| Court | U.S. District Court — Western District of New York |
DECISION AND ORDER
There is no dispute that on May 26, 2010, Petitioner Calvin Johnson shot and killed Ted Francis, Jr. during a melee on Henion Street in Rochester, New York. Despite Petitioner's claims that the shooting was justified, he was convicted after a jury trial in the New York State Supreme Court of murder in the second degree and three counts of criminal possession of a weapon. He was sentenced to twenty-five years to life in prison on the murder charge. The appellate division affirmed the conviction, but reduced Petitioner's sentence on the murder charge to fifteen years to life.
Petitioner now applies to this Court for habeas relief pursuant to 28 U.S.C. § 2254, arguing that he was denied due process of law when the trial court refused to give the jury a “justification” instruction with respect to the intentional murder charge and one of the criminal possession of a weapon charges; that he was convicted on insufficient evidence; and that he received the ineffective assistance of counsel. For the reasons set forth below, Petitioner's application [ECF No. 1] is denied.
The following is a summary of the relevant facts that a jury could have reasonably found from the evidence presented at trial.
Ted Francis, Jr. - known more commonly by his nickname, Booka - spent the afternoon and early evening of May 26, 2010, at the public basketball court on Frost Avenue in the city of Rochester.
He was joined by his younger brother, Christopher, and several of his friends from the neighborhood. The group was not only playing basketball, but also socializing, drinking alcohol and smoking marijuana. As the evening wore on, Booka became very drunk.
On that same day, Petitioner was hosting a barbeque at his mother's house a few blocks away on Henion Street to celebrate his girlfriend's birthday. For most of the late afternoon and evening, Petitioner was cooking and socializing with family and friends, and playing cards. At some point, he was joined by his younger brother, Clarence (nicknamed “Baby-C”) and his cousin, Timothy Manley. After ten o'clock that evening, Baby-C and Manley, along with another cousin, Anthony Williams, borrowed a car from a family member so that Baby-C could drop Manley off at a friend's house on Woodbine Avenue, and go to the store. As the three pulled away, Baby-C was driving, Manley was in the passenger seat, and Williams was in the backseat.
The route Baby-C took to Woodbine Avenue required him to traverse Frost Avenue. Baby-C and Manley knew Booka and some of the individuals on Frost Avenue that evening, and had a history of problems with Booka. As Baby-C drove past the Frost Avenue basketball court, Manley yelled “da-da-doe” out the window at Booka and his group. Apparently “da-da-doe” is slang for “murder, ” and at least two people began discharging firearms at Baby-C's car. Baby-C sped away, but not before the car was hit by gunfire twice on the driver's side. Consequently, Baby-C did not drop Manley off on Woodbine Avenue or stop at the store as originally planned, but instead proceeded directly back to his mother's house on Henion Street.
When Baby-C arrived at Henion Street, all occupants of the car were visibly shaken, and several attendees at the barbeque rushed over to survey the damage caused by the gunfire. Williams was in tears and upset with Baby-C and Manley, but he testified that Petitioner showed him a silver handgun and told him not to worry. Williams was not comforted, and walked across the street to sit behind a bush in a vacant lot fearful that the shooters would follow them back to Henion Street.
Unbeknownst to Baby-C, Manley, or Williams, a second car on Frost Avenue had been hit by the gunfire: Booka's. When the shooting started, Booka had been walking to his car with his younger brother, and had pushed his brother to the ground to protect him. After the shooting stopped, Booka realized that his car had been hit and mistakenly believed that the bullets had been fired at him or his car by one of the occupants of Baby-C's car. Booka flew into a drunken rage, and got into a car to go in search of Baby-C.
Booka's search took him to the parking lot of a gas station on West Main Street, where he was captured on the station's video security system getting into a verbal and physical altercation with a young woman. The video shows Booka in cargo shorts and no shirt, and no discernible sign of being armed. After Booka's altercation with the young woman, he and his companions got into one of several cars that were in the gas station parking lot, and the caravan proceeded to Henion Street.
When the cars turned from West Main Street on to Henion Street Booka spotted Baby-C and the other attendees at the barbeque, who had surrounded Baby-C's car and were inspecting the damage from the bullets. Booka hopped out of his car before it had rolled to a stop, and walked onto the sidewalk at the front of the house on Henion Street. Although witness accounts differed as to precisely what was said, Booka was loudly and aggressively demanding to know who had shot his car. As Booka was pursuing Baby-C and Manley, Baby-C's mother attempted to step between them and get Booka and his companions away from her property. A crowd of barbeque attendees had gathered behind Baby-C and his mother by this point, and a group of Booka's companions had gathered behind Booka. By all accounts there were more than twenty people gathered in front of the house. Booka pushed Baby-C's mother aside, and punches were thrown.
Petitioner was aware that his brother, Baby-C, had been driving a car that was hit by gunfire that evening, but he was in the process of cleaning up the side yard from the barbeque when Booka approached the front of the house. Consequently, he was not among the groups that formed as Booka accosted Baby-C and Manley. However, Petitioner heard the disturbance, located a firearm, and began moving toward the front of the house as the confrontation intensified. As he neared the front of the house, Petitioner saw his mother and brother in close proximity to Booka, as well as a large group of strangers forming behind Booka. He stated that he believed at least one of the group members behind Booka had a gun at his hip. Although the exact sequence of events from that point is not entirely clear, it is not disputed that Petitioner moved closer to Booka and fired the handgun multiple times, hitting Booka twice in the chest and once in the back of the neck. Stippling found by the medical examiner on Booka's chest indicates that the shots were likely fired within two feet of Booka.
After Petitioner fired the shots, the crowd dispersed and the scene became even more chaotic. An unknown shooter fired additional shots, hitting one of Petitioner's cousins in the leg and damaging the siding of his mother's house. Petitioner's family scattered, seeking shelter in the house, the backyard, and on adjacent streets. After pausing momentarily in the backyard to satisfy himself as to the safety of his mother, Petitioner himself fled. Booka attempted to flee, but collapsed on the sidewalk, and had to be lifted into a car and rushed to a nearby medical center. From the medical center, Booka was transferred to Strong Memorial Hospital, where he ultimately died from the gunshot wounds.
After several months at large, Petitioner was apprehended in January 2011. He waived his Miranda rights and, in the course of a lengthy interview with police investigators, gave a statement[1]admitting that he shot Booka.
Petitioner was indicted by the grand jury on five counts: murder in the second degree in violation of N.Y.P.L. § 125.25(1) (intent to cause the death of another), murder in the second degree in violation of N.Y.P.L. § 125.25(2) (), criminal possession of a weapon in the second degree in violation of N.Y.P.L. § 265.03(1)(b) () criminal possession of a weapon in the second degree in violation of N.Y.P.L. § 265.03(3) (), and criminal possession of a weapon in the third degree in violation of N.Y.P.L. § 265.02(1).
In his opening statement at trial, defense counsel explained to the jury Petitioner's position on the charges:
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