Jonesboro Shootings Shouldn't Influence Sentence, Johnson's Attorney Says

Last updated Wednesday, September 3, 2008 9:00 PM CDT in News

By Ron Wood
THE MORNING NEWS

Related Photos

    FAYETTEVILLE -- Mitchell Scott Johnson shouldn't get more federal prison time on gun and drug charges because of his involvement in the 1998 shootings at a Jonesboro elementary school, his attorney said Wednesday.

    Johnson is set to be sentenced today after having been convicted in January of having a 9 mm pistol "while being an unlawful user of or addicted to a controlled substance."

    The drugs and gun charge came from a New Year's Day 2007 traffic stop in Fayetteville in which Johnson had less than an ounce of marijuana in his pocket and a loaded pistol in a backpack in the back of the van in which he was riding.

    Federal sentencing guidelines call for up to 10 years in prison, a fine of up to $250,000 or both. The guidelines are not mandatory and a judge may depart either up or down from the recommended sentence if good reasons exist.

    Prosecutors contend Johnson's juvenile conviction on five counts of capital murder and 10 counts of first-degree battery are not adequately reflected in a presentencing report.

    Johnson was 13 when he and an 11-year-old classmate, Andrew Golden, killed four girls and a teacher at Jonesboro Westside Middle School on March 24, 1998. Ten others were injured in the shooting.

    Giving Johnson more prison time than recommended based on the Jonesboro shootings would, under the circumstances, be the same as resentencing him for those killings, his attorney, Jack Schisler, said Wednesday.

    Schisler said Johnson received the maximum available sentence for his part in the Jonesboro shootings, which resulted in his being incarcerated until he was 21 years old. And, those crimes are considered in the presentencing report, Schisler said.

    Johnson also shouldn't get more federal prison time because he has state charges pending against him in Benton County because he hasn't been to court on those charges yet, Schisler said.

    The week after his federal conviction, Johnson was out on bond when he was arrested in Benton County for having a small amount of marijuana and for allegedly using a debit card someone left at the Bentonville convenience store where he worked.

    Federal prosecutors say that incident further illustrates the appropriateness of a stiffer sentence.

    Legal Lingo



    Presentencing Report -- A report prepared by a probation department for a judge to assist in sentencing. The report typically contains information about prior convictions, arrests and personal information.

    Source: 'Lectric Law

    Reader Comments (23 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    django wrote on Sep 3, 2008 10:17 PM:

    " Yeah,he needs to be a guest of the state all over again and get his mind right. "

    Gramps wrote on Sep 4, 2008 6:39 AM:

    " What kind of attorney is Schisler? At 13 this guy murders 4 girls and a teacher, and wounds 10 others. He gets his hands slapped for 8 years in a juvenile detention center and here we go again with this habitual offender who has a drug problem. And Schisler thinks he should not have to serve more time??? Since he did not learn his lesson before, he should have extra time added because he did not stay straight. How many lives have to be lost and ruined before we put someone away like this for good? With attorneys like Schisler, the criminals have more freedoms than we the common people. "

    RISKI RAT wrote on Sep 4, 2008 7:09 AM:

    " I was gonna comment on this but you 2 beat me to the punch! (django/Gramps)
    VERY WELL PUT!!!!!!!!! "

    recross1 wrote on Sep 4, 2008 7:47 AM:

    " I am dumbfounded by the fact he was let out on bond AFTER he was convicted in federal court.And anyone who isnt deaf dumb and blind can see this guy as absolutely no respect for the laws in this country.Out on bond,has a debit card someone supposedly "left in a convience store",and he has used it to as well,has some pot in his pocket,and a loaded 9mm pistol. Someone please tell me how all this is supposed to add up to LESS time.
    I understand that people get in trouble with the law and most learn from thier mistakes and move on with thier lives doing the right thing.
    This fool hasnt learneed anything,well ,unless you count learning to commit more crimes and where to buy pot and guns!
    If I have ever seen a person that deserves an extended stay in the fine
    establishments run by the correctional dept of this state its this guy.
    His new address should be "prison in Arkansas "or where ever the feds decide to put him.
    He is obviosly extremely stupid and a threat to society in general,and needs to be locked up indefinately. "

    BCR wrote on Sep 4, 2008 8:08 AM:

    " Laws that protect a juvenile's record should be reviewed and changed. Especially in cases where the offender has committed severe crimes against persons or property. I guarantee you, that criminals in jail today did not start their careers when they turned 18. They've been at it for much longer than that. This man is no different. He's a murderer. He's killed 5 people, and because of his age at the time, a "legal loophole" has guaranteed that those criminal acts of murder will not be held against him. BOGUS. "

    scout65708 wrote on Sep 4, 2008 8:34 AM:

    " It's time to cull the herd. "

    Robb wrote on Sep 4, 2008 8:47 AM:

    " Obviously this little thug is a danger to society. Why else did he have a gun? His lawyer is grabbing at straws and knows he's on the losing end. How many "chances" do these maggots get before we take them off our streets? "

    91151 wrote on Sep 4, 2008 8:48 AM:

    " I think this guy should have NEVER been let out of prison to begin with. He should have got straight to adult prison from juvenile prison. Murder is murder. Now, had he been in there for theft or something, maybe at 18 let him out, but, I don't care what age a person is, if they commit murder they should spend life in prison. "

    mommacyn wrote on Sep 4, 2008 9:04 AM:

    " Obviously , this guy has learned NOTHING! It should be illegal for him to have a gun , or drugs . On top of that he uses a debit card , that isn't his . He is not a good person , and yes , he should have to pay the consequences for the choices he has made . He should be sentenced 100% to the fullest extint of the law , for all of it !! He has definetly not tried to make a positive change in his life , and make ammends for what he chose to do - at 13 yrs. old . "

    westsidegirl wrote on Sep 4, 2008 10:02 AM:

    " As a victim of the school shooting that he and Andrew gunned down. I am not surprised that he is a repeat offender. He showed no remorse then and shows none now. I am however shocked to find that he still lives in Arkansas. We were assured that when they got out they were not allowed in Arkansas. Of course I was 11 years old at the time and they must have told us that to ease our childlike minds. I have thought about that terrible day everyday for 10 years and I think that he should too. I think that this so called lawyer needs to keep in mind that he murdered people. Why not? they do in any other situation. In any other case and with any other person. I am shocked and heartbroken that he is loose to run free and hurt and possibly kill other people and ruin their lives. Put him in Jail!!!!! put him there so no one else has to suffer from this unstable man. "

    myopinion_1 wrote on Sep 4, 2008 10:07 AM:

    " BCR is right. The laws that protect juvenile records should be changed, especially when it comes to murder!! My son is currently in federal custody because he was a felon in posession of a firearm. They placed my son according to his JUVENILE record along with his drug history, and he is currently in a federal MAXIMUM security facility with murderers and other violent inmates. No, he didn't commit murder. When they placed him in a maximum security vs. a lower level security facility it was because he was a felon in posession of a firearm. His previous charges were drug charges and some as a minor. This guy should have gone straight from juvenile custody into state custody. To ever let a murderer out is putting the community at risk. To never have someone for him to report to upon release was totally insane!!! After all, he was living with a person that also murdered as a juvenile. Convicted felons are not even supposed to be together, and it shouldn't matter if he was a juvenile at the time of conviction. Anyone that murders another, should have to spend the rest of their natural life behind bars! Our prison system is lacking as it only teaches them more criminal activity, but we have no place in our community to risk them murdering again. "

    myopinion_1 wrote on Sep 4, 2008 10:16 AM:

    " By the way, they are charging my son with the same crimes as far as state and federal based on his history as a JUVENILE. What makes this murderer any better when my son didn't commit murder? Why should he get more privileges than someone who didn't commit murder? How can he have an addiction to drugs and guns when he never should have had access to these items while incarcerated? I guess they think he deserves extra priviliges because his story made national headlines and caused heartache to many families!!! This story has irritated me since they let him out. It just shows there is loop holes that need to be corrected. "

    NWAHOGALUM wrote on Sep 4, 2008 11:10 AM:

    " This guy is a worthless pest to society. He needs to get what's coming to him. He is not a victim and he should have no rights. Let him rot. "

    moonshadow wrote on Sep 4, 2008 12:03 PM:

    " Personally, if a kid does something like premeditated murder they should take that into consideration. There are many things that a young person can get into that can be overlooked even drugs, theft, but not a violent crime. I am sure he has had a hard time of it since getting out, but he had to know that even the smallest transgression would be looked at and dealt with much harder than someone with no past. Nobody can be that stupid. "

    CEW1 wrote on Sep 4, 2008 12:38 PM:

    " He's not stupid. He's working the system. Parents protect your children. I hope and pray this lunatic does nothing here. MAYBE, and only maybe, then he'll be put away for good. "

    ashortcutie2005 wrote on Sep 4, 2008 12:56 PM:

    " I think he should not be charged with his past record (all honesty I blame the kids parents on that)he has done his time for that, but he should be considered a felon because of the shooting. He should not be allowed to have fire arms. Therefore he should be charged with Felon in possession of a fire arm.. Not murder. The past is the past leave that alone. "

    HudsonHawk wrote on Sep 4, 2008 1:17 PM:

    " "Leave the past alone??" ashortcutie, If I understand you correctly, you are saying that if someone is convicted for battering his spouse and serves his time, that he should not get a harsher punishment if he gets out and does it again? Same for a shoplifter who later robs a bank?? How we learn from our past marks who we are and are going to continue to be. He obviously has not learned and WAS responsible for his actions, even at 13. Even my 3 year old knows hurting someone is wrong. My 10 year old knows she is responsible for her actions and some are permanant. Poor parenting definately played a part in shaping his behavior as a child, but he still made the choice. "

    Jones wrote on Sep 4, 2008 2:12 PM:

    " ashortcutie2005, where in the right mind do you go blaiming the parents for there own death, yes the father's own death since he (Mitchell Scott Johnson) was the one to killed him. So you are saying that all crazy people who goes around killing there own parents should not be looked at as monsters/murderes since it was the parents fault? Well i guess you better hope you are raising your kids properly. This killer needs to be locked up for a long time, not for what he did in the past, but what he could of done with the guns they found on him. "

    Jones wrote on Sep 4, 2008 2:19 PM:

    " I got this article confused with another one, Mitchell Scott Johnson was not the one who killed his father, but still, he took 5 lives and at the age of 13 you know right from wrong. I do not blame the parents for those killings, my previous comment stands. He needs to put in prison for a long time. "

    JJGRL28 wrote on Sep 4, 2008 4:49 PM:

    " HE IS OBIVIOUSLY A TROUBLED PERSON... THAT NEEDS TO BE PUT AWAY FROM HARMING THE REST OF US AND HIMSELF! I DON'T THINK HE WAS PROPERLY TREATED FROM THE FIRST CRIME! THEY DIDN'T GIVE HIM ENOUGH TIME TO SERVE IN JAIL! "

    sqirt wrote on Sep 4, 2008 6:08 PM:

    " it's society's fault. i beleive he should of gotten life in prison too, but the law said no. it's your laws who lock up pot smokers and release murders. yet by the biggotery of these posts the man didn't have much of a chance in the so called free world. he was forced to walk the streets with a big sign on his back that says he is a murderer. there is a bif difference from being caught with a fire arm and pot and murder. who knows maybe he felt he needed the weapon to keep yall from hanging him high? but who really cares? "

    myopinion_1 wrote on Sep 4, 2008 8:04 PM:

    " Sqirt, what do you mean by "Who really cares?" I wouldn't want him any where I went. As far as those who have blamed the parents.....I can assure you I have raised my children the same and it is amazing what different paths they have taken. I think anyone with any parenting experience knows that. You raise your children to do what is right and they make their own choices. I can't say I know much about the parenting in this case, but I can say they never should have let him out! To let him out without monitoring was even more insane!! As far as him being labeled, no one even really knew he was in this area until he was first arrested with a firearm and another person who had murdered as a juvenile. "

    91151 wrote on Sep 5, 2008 2:39 PM:

    " Squirt...he "never had a chance in this free world. Was forced to walk around with a sign on his back"..POOR BABY!! His victims didn't have a chance in this free world either! They don't have the chance to walk around with a sign on their back...THERE DEAD!! IF we can make an example out of him, then maybe other juveniles will notice, that even though they unfortunatley for us may get out at 18 if they commit murder, they'll learn that life will be a HECK of a lot tougher for them when they get out, than, had they not committed the crime. And, he had a gun in his possession, that he didn't have a permit for. What did he need a gun for! Certainly NOT because he's now a good ol' boy who's learned his lesson. He's killed once because he couldn't handle life as a teenager, now, seeing it's tougher for him living out of juvenile jail, who's to say he wouldn't have lost it out of frustration and killed again. He's mentally sick and deranged, and should be locked up for life(never should have been let out to begin with) "


    *Member ID:
    *Password:
      Forgot Your Password?
     

    Not already registered?
    Register Now

    Sponsors