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Johnson v. State

Evidence that the defendant, his brother and a third man shot at the unarmed victim following an earlier argument supported defendant's felony murder conviction.

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Brandon Johnson was convicted of felony murder in the shooting death of Demarcus Clark.1 Johnson appeals, contending that the trial court erred in denying his motion to suppress his custodial statement. Because Johnson made the statement knowingly and voluntarily after being informed of and waiving his rights, we affirm.

1. The evidence at trial showed that Brandon and the victim were acquaintances. One night, while the victim and others were gathered outside a home in Brandon’s neighborhood, Brandon approached and displayed a gun to his friends. The victim said that the gun was a single-shot gun, but Brandon took offense at that description of the gun. Brandon threw down the gun and the two started fighting. After the fight, Brandon left the area and returned shortly with his older brother, Roderick Johnson. Roderick challenged the victim to a fight, but the victim ran away to the next block. Roderick and Brandon then went to their home, got guns, and along with another man, Donald Shockley,2 approached the unarmed victim and started shooting.

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