Johnson v. State

• Decision Date: 09 September 1986
• Docket Number: 7 Div. 470
• Citation: 500 So.2d 494
• Parties: Lynn Benjamin JOHNSON, alias v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 494

500 So.2d 494

Lynn Benjamin JOHNSON, alias v. STATE.

7 Div. 470.

Court of Criminal Appeals of Alabama.

Sept. 9, 1986.

Rehearing Denied Oct. 14, 1986.

Certiorari Denied Dec. 19, 1986

Alabama Supreme Court 86-123.

Bobby Lee Cook, Jr., Summerville, Ga., and Hubert H. Wright, Gadsden, for appellant.

Charles A. Graddick, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.

TYSON, Judge.

Lynn Benjamin Johnson was indicted in a two-count indictment for the capital offense of murder for hire (in violation of § 13A-5-40(a)(7), Code of Alabama 1975). The jury found the appellant "guilty of conspiracy to commit murder as charged in Count II" and, following a sentencing hearing the trial judge set punishment at life imprisonment in the penitentiary.

Ricky Gaskin testified that he was involved in a business known as the Dreamers Pre-21 Club (hereinafter referred to as "Dreamers"). He was a partner in the ownership of this club along with Steve and Judy Fowler, Jeff Sheffield and Steve Cleckler. Steve and Judy Fowler ran Dreamers on a day-to-day basis. The partners began having problems with the Fowlers and their management of Dreamers. They discussed these problems with an attorney and with City Hall, which held a lease on the premises. Gaskin and Cleckler then began having a series of meetings to discuss the problems with Dreamers and the Fowlers. Cleckler told Gaskin that he was talking to someone about "getting something done to the Fowlers". At a subsequent meeting, Gaskin told Cleckler that he could get the job done for $1,000.00.

The appellant then set up a meeting between Gaskin, appellant and Bobby Campbell. Gaskin was told to act as a "Mafia" figure to Bobby Campbell and make him think he could get a large loan through the crime organization to "pay off" his business debts. This plan was carried out. The appellant then had a meeting with Cleckler at which time Cleckler paid him $1,000.00. Cleckler was told that the "job" would be done around Christmas. Appellant then told Gaskin to tell Bobby Campbell that he (Campbell) had a job to do. Campbell arrived at the meeting and Gaskin told him he had a job to do. Appellant then told Campbell that he had to "get rid of Fowler" and that he had to plan the killing.

The next night appellant, Campbell and Gaskin met again. Appellant told Gaskin to get a gun for Campbell. The next day they met again and Gaskin gave Campbell a gun, some ammunition and some gloves. Gaskin told Clecker not to come around Dreamers on Christmas and Cleckler was to give Sheffield this message.

On the morning of December 26, 1984, the appellant called Gaskin and told him to meet him and Campbell at a restaurant at 8:00 a.m. At this meeting, Campbell told appellant to call Fowler's home and tell him that he needed to come to Dreamers to divide the money from the video games and make some repairs. The appellant had some 18 video games in Dreamers. They then left and went to a pay phone. Appellant called Fowler, while Campbell went to Dreamers. Gaskin stated that he heard the appellant, Johnson, say on the phone that he would call back. Appellant made another phone call and Gaskin heard him ask Fowler to come to Dreamers and divide the money. Appellant and Gaskin then drove to Dreamers and told Campbell that Fowler was on his way.

Gaskin and appellant then drove over to Billy Bob's in Gaskin's car. Billy Bob's was located across the street from Dreamers. Gaskin parked the car in the parking lot and he and appellant began watching Dreamers. After some time had passed, Gaskin observed a young man park next to them and go into Billy Bob's. Gaskin then saw Steve Fowler drive up at Dreamers. Campbell and Fowler proceeded into Dreamers and at that time the appellant told Gaskin that they had to stop this act. They drove across the street and as they were getting out of the car at Dreamers they heard four shots. They proceeded into the club and observed Fowler's body lying on the floor in the bay area. Campbell then came out of this area with Gaskin's gun. Campbell rolled the body up in a sheet of plastic and Campbell and appellant, Johnson, removed the body. Gaskin heard a car engine in the bay area and they heard the sound of doors slamming and Campbell saying that he was gone. Gaskin heard a car pull away and the bay area doors close. Gaskin and the appellant then began cleaning up the bay area. As they were cleaning up, Sheffield and his brother came in Dreamers. Appellant told Gaskin to get rid of them, which he did. Gaskin then gathered the cleaning supplies, put them in his car and left to go home. As he was leaving he noticed that Fowler's car was gone. Once he got home, appellant called him and asked if he made it home okay. Gaskin told appellant that he was leaving in a little while. Gaskin placed the cleaning supplies in another car and drove to Douglasville, Georgia. He threw a mop and mop bucket into some brush behind a bank and then threw a trash bag into a dumpster at a convenience store. He then took an old shoulder holster and drove to a wooded area, discarding this item. He then returned home.

A few days later Campbell, Gaskin and the appellant drove to Guntersville in order to get rid of the pistol used in the crime. Campbell broke the gun into pieces on a piece of concrete and threw the pieces into the river.

They then discussed what they would tell the police if questioned. They agreed to say that appellant called Gaskin because Fowler had not shown up. Gaskin was to say that he went to Dreamers to let the appellant in where he worked on the video machines briefly. They then supposedly left Dreamers. The appellant and Campbell were to have then left and gone back to Albertville when Fowler did not show up. Gaskin told the police this story when questioned. He told several other stories to police before finally telling the truth as to what really happened. Gaskin was promised immunity for his testimony in this cause.

Dr. Joseph Embry testified that he was a staff pathologist with the Department of Forensic Sciences. He received two small pieces of bone to test. One was 5mm and the other 4mm. They were approximately 2mm thick and were compatable with certain areas of the human skull and vertebrae. He found a gunpowder particle on one piece of bone.

Steve Cleckler testified that he was a partner in Dreamers along with Steve Fowler, Jeff Sheffield and Rick Gaskin. They had problems with the club, which the Fowlers were managing. Such problems were monies unaccounted for, receipts, image problems and internal conflicts. Cleckler met with Gaskin on several occasions about the problems at the Club. He had talked to two people about taking care of the situation. Gaskin told him he knew someone who could take care of the problem. A few days later, Gaskin told him the appellant's name and stated that appellant was involved with the "Mafia". Several days after this conversation, the appellant called Cleckler and asked him if he wanted "two stumps removed." A few days after this, Gaskin told him that the job would cost each of them $1,000.00. Appellant then called Cleckler and told him to get his money together and a meeting was set up, at which time Cleckler was to pay appellant the $1,000.00. Cleckler went to this meeting and, upon his arrival, he saw Campbell sitting in a parked car. Campbell and Gaskin left and Cleckler gave the appellant the money.

A few days later Gaskin called and told him not to go to the club the day after Christmas. Cleckler admitted to helping plan the murder. Cleckler pled guilty as an accomplice in the murder of Steve Fowler and received a 25 year sentence in return for his agreement to testify.

James Booth testified that he leased an apartment next door to the Fowlers. On December 26, 1984, around 9:00 a.m., he got a phone call for Steve Fowler. He tried to buzz the Fowler's extension but they did not answer. He told the man on the phone to call back and let the phone ring until they answered. Someone called right back and the phone rang five or six times. Approximately fifteen minutes later he heard Fowler's car start and he observed Steve Fowler back out of the driveway.

Betty Woody testified that she was employed at Billy Bob's. On December 26, 1984, she went to work a little before 9:00 a.m. Upon her arrival she observed a white car with a dark red top in Billy Bob's parking lot along with a black van and a black V.W. She saw the same white car on the rear of the parking lot at approximately 10:00 a.m.

Jeff Sheffield testified that he was a partner in Dreamers, along with the Fowlers, Rick Gaskin and Steve Cleckler. His testimony is related in the discussion of the issue raised on appeal.

Jackie Aaron testified that he was employed by Billy Bob's. On December 26, 1984, he arrived at work at approximately 10:00 a.m. When he arrived he observed a white car with a dark red top parked on the back of the parking lot. There were two men in this car, Rick Gaskin (whom the witness knew from school) and the appellant, Johnson.

A number of police officers testified as to statements given by the appellant and Campbell and to the finding of Fowler's car and the evidence recovered. They found blood on and in the trunk of Fowler's car. They found blood in Dreamers by using a chemical testing agent on the floors.

Jimmy Darlene Johnson testified that she is married to the appellant and that they have two children. Ms. Johnson stated that she worked on December 26, 1984 until approximately 3:00 p.m. As she was arriving home from work at approximately 3:30 p.m. she observed Bobby Campbell leaving her home. Appellant stayed home until shortly after 7:00 p.m., when he left to go to Movie Rental, a business they own. He returned home around 8:30 p.m.

Shirl Johnson testified that the appellant is his father. On December 26, 1984, his father and Bobby Campbell came to their house at approximately 1:00 p.m. Appellant and Campbell...