Man found guilty of involuntary manslaughter in strangulation case

Source: The News & Advance, Lynchburg, Va.存倉Dec. 17--A jury on Monday found a Lynchburg man guilty of involuntary manslaughter in the death of a city man in a 2012 fight at the Elks building on Fifth Street.Shawn Lee Johnson, 37, faced one count of second-degree murder in the death of Thomas Belford, 34.After deliberating an hour, the jury decided on a lesser charge of involuntary manslaughter, which is based on the summation Johnson did not intend malice in Belford's death.The felony charge carries a sentence of 1 to 10 years in prison; the jury recommended Johnson serve four years.Johnson's bond was revoked after the 10-hour trial and he was taken into custody. Sentencing is set for April 2.Belford died during an altercation outside the lodge at about 2 a.m. on Aug. 12, 2012. Belford and Johnson bumped into each other and argued over a "very old beef" that centered on Johnson believing Belford owned him money over a dog, Lynchburg Assistant Commonwealth's Attorney Patrick O'Brien said.A fight broke out that O'Brien described as a wrestling match resembling a usual bar scuffle. The skirmish was broken up and Belford proceeded to walk down Fifth Street towards a bus stop, he said."That should have been the end of it," O'Brien said.Instead, he said, Johnson approached Belford to resume the fight and, this time, it took "a more violent" turn when Johnson applied a chokehold."The defendant -- he doesn't let go," O'Brien said. "He [Belford] is out. He's limp in [Johnson's] arms."He added Belford's death was witnessed by a large crowd who gave differing versions of the events.Defense attorney Mark Arthur argued Belford had initiated the brawl and Johnson was defending himself."Self-defense happens instantly," he said, describing Belford as the aggressor and adding: "My client is defending himself from a gentleman who already knocked him down and attacked him."Arthur said Johnson did not flee the scene and within an hour went to the Lynchburg Police Department. Johnson did not know at that time Belford had died, according to court testimony Monday.Jackie Woodson, Belford's friend who accompanied him to the Elks lodge, testified Belford was "manhandling" Johnson. He helped break up the initial fight and the two started to walk to their car. He did not see the fight when it resumed because a "sea of people" had gathered to watch.He saw Belford lying on the ground unconscious and called 911. Police and emergency responders testified Belford was found unconscious in the street near the bus stop without a pulse.Rodney Spinner, who saw the fight, testified at one point Belford was on top of Johnson and the two hit the ground on the sidewalk close to the bus stop.Leonard 儲存ashington, a leader of the Elks on Fifth Street, testified he came outside and saw the two "interlocked" with a large crowd gathered watching and "egging it on." He testified Johnson chocking Belford was the only part he saw and it took him about 30 seconds to get Johnson to let go and walk away.Pamela Braxton, who also saw the fight, testified that just after it was broken up the first time she saw Johnson take off his shirt and cross the street in pursuit of Belford.Johnson also testified that after the heated conversation over money, Belford swung at him and shoved him to start the fight.He said Belford was "talking trash" and feeling good having the upper hand at one point. Johnson said Belford lunged at him again and they were wrestling down the street in "push-shove-grab-pull" type of dispute that left him trying to catch his breath."I was just trying to hold him off," Johnson said, later adding: "I had no intentions of wanting to hurt this guy, fight this guy, in any way."Paul Benson, the medical examiner who performed the autopsy, said Belford died of strangulation.Deputy Commonwealth's Attorney Jeffrey Bennett argued the threshold of a self-defense case was not met because Johnson "started this entire ball in motion" when he provoked Belford.He said Johnson choked Belford for roughly two minutes or possibly longer. That, he said, was enough to prove malicious intent in arguing for the second-degree murder charge."This was not a case of self-defense," Bennett said, adding: "You don't get to kill somebody because you're in a fistfight."Arthur said his client had a right to defend himself and was simply trying to hold off his assailant when no one else would.Friends of Johnson described him as a caring person and devoted father. Arthur noted his client has no prior criminal convictions.Belford, referred to during the trial as "Coach," had three sons and a daughter with wife Dorisia. He coached at the Timberlake Lions Youth Football Club for years as well as the Crimson Cardinals, a semi-professional league.His wife, Dorisia Johnson, said he was very involved in his children's lives."He loved them with all his heart," she said. "He lived for the boys ... I wish he was still here."Karen Eberhardt, his mother, said she takes her grandsons fishing and hiking to try to fill the void. He had coached young boys to become football players and was a very caring person who did a lot for people, she said."They loved him to death," she said of the youth he served. "That's why his name is Coach."Copyright: ___ (c)2013 The News & Advance (Lynchburg, Va.) Visit The News & Advance (Lynchburg, Va.) at .newsadvance.com Distributed by MCT Information Services迷你倉