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
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))
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Gramps wrote on Sep 4, 2008 6:39 AM:
RISKI RAT wrote on Sep 4, 2008 7:09 AM:
VERY WELL PUT!!!!!!!!! "
recross1 wrote on Sep 4, 2008 7:47 AM:
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:
Robb wrote on Sep 4, 2008 8:47 AM:
91151 wrote on Sep 4, 2008 8:48 AM:
mommacyn wrote on Sep 4, 2008 9:04 AM:
westsidegirl wrote on Sep 4, 2008 10:02 AM:
myopinion_1 wrote on Sep 4, 2008 10:07 AM:
myopinion_1 wrote on Sep 4, 2008 10:16 AM:
NWAHOGALUM wrote on Sep 4, 2008 11:10 AM:
moonshadow wrote on Sep 4, 2008 12:03 PM:
CEW1 wrote on Sep 4, 2008 12:38 PM:
ashortcutie2005 wrote on Sep 4, 2008 12:56 PM:
HudsonHawk wrote on Sep 4, 2008 1:17 PM:
Jones wrote on Sep 4, 2008 2:12 PM:
Jones wrote on Sep 4, 2008 2:19 PM:
JJGRL28 wrote on Sep 4, 2008 4:49 PM:
sqirt wrote on Sep 4, 2008 6:08 PM:
myopinion_1 wrote on Sep 4, 2008 8:04 PM:
91151 wrote on Sep 5, 2008 2:39 PM:


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