Mentally-challenged Kellie Johnson shot with paintballs and beat up in her yard
Marion Johnson, 69, of Des Allemands wants justice for her disabled daughter because she says a group of teenage boys and a next door neighbor, tortured, harassed and taunted her for at least four years before she passed away on April 28, 2007, without receiving proper punishment.
Kellie Johnson 43, who suffered from paranoid schizophrenia, was the victim of three separate physical attacks according to St. Charles Parish police reports, two from teens shooting at her with paintball guns, and a third from a physical assault allegedly committed by her next door neighbor.
“Kellie told me she wanted to die because she was tired of being tormented and mistreated by everyone,” her mother said.
Marion Johnson lived about two miles from her daughter, which made it difficult to get to her as quickly as she wanted to.
“She would tell me how kids would throw rocks and eggs at her but by the time I’d get to her house the teens were already gone,” she said.
“She never bothered anybody, so I don’t understand why people did these things to her,” she continued.
“She just sat on her porch with her dog and liked to watch cars drive by.”
An eyewitness saw the first attack which occurred in November of 2004.
“I got a call from my grandson, Corey Johnson at six in the evening,” Marion said.
“He told me that he had left Kellie’s house and when he returned a few hours later he had found her beaten up,” she continued.
Danielle Casey, who lived directly across the street from Kellie, saw the incident and called the police.
According to reports obtained from the St. Charles Parish Sheriff’s office, “Ms. (Kellie) Johnson was sitting outside in her chair. Ms. Casey, her neighbor, observed from across the street, a male suspect (identified in the report as Wayne) approach Ms. Johnson along with two women.
The male suspect began to strike her several times in the back with his fist. While the male suspect was striking Kellie, the female suspect was rummaging through various items in her front yard and left with an object. A second female suspect picked up the chair Kellie was sitting in and flung it across the yard. The whole time the group was yelling at her.”
Casey further told the deputy who arrived at the scene that she did not know any of the suspects names, but could identify all three of suspects if given an opportunity to look at them in a police line-up.
However, the investigation came to a halt because, according to police reports, Kellie refused to cooperate with the deputy who responded to the call.
“She was afraid of policemen and didn’t answer any questions at the scene and, although she had some injuries, she was afraid of being put in the hospital so she didn’t want to go,” her mother said.
“I was able to get pictures of the bruises on her back, but because of her mental illness she had a fear of hospitals so she refused to let me take her to the doctor.”
There was no arrest made on this case because Kellie signed a refusal victim form, which means she would not cooperate with the investigation or press any charges.
According to Marion Johnson, Kellie should have never been allowed to sign the form without the presence of her mother.
“I had power of attorney over Kellie’s affairs so I could make sure she understood everything, even all of this legal paperwork,” Marion said.
“After realizing what Kellie had signed, I called the detective but he said it was too late and there was nothing that could be done to change it.”
Kellie Johnson, with the help of her mother Marion, filed a civil case against Wayne Bergeron, the neighbor she claims beat her up. Judge Robert A Chaisson, ruled against Kellie, saying that although someone attacked her, there was not enough evidence to prove Bergeron was the attacker.
Bergeron’s attorney Wendy Williams sent this statement to the Herald-Guide: “Kellie Johnson is clearly confused and mistaken about who attacked her, if anyone, and my client, Wayne Bergeron, holds no animosity towards her. He is completely innocent of these allegations and just wishes to be left alone.”
Kellie’s attorney, Courtney Wilson, was granted an appeal of the decision. It will be heard at the Fifth District Court of Appeals in Gretna on August 16.
Shot with paintballs
Assistant District Attorney Howat A. ‘Howie’ Peters, said he worked on a case with this family involving a paintball shooting that occurred in Sept. 2006.
“We had charges pending against two suspects that had allegedly shot Ms. Kellie Johnson with a paintball gun,” he continued.
The charges were for second degree battery which is battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.
Anyone convicted of this crime can be charged a maximum of $10,000, imprisoned with or without hard labor for a maximum of 15 years, or both.
Peters adds that three things forced the St. Charles Parish District Attorney’s office to drop the charges against the two teenagers and closing the case;
– A letter from Kellie’s psychiatrist saying she was incompetent to testify,
-Kellie’s mental illness mixed with ‘her history of alcoholism’ would make it impossible for a jury to take her seriously or the events that she said happened.
-And the fact that no eyewitness would come forward to testify about the paintball shooting.
“We were set to go to trial and appear before the judge, when I was handed a letter dated November 13, 2006 from the detective on this case, Eric Brass, that stated according to Ms. (Kellie) Johnson’s physician she was not competent to testify in a court case,” Peters said.
Peters said that his investigator couldn’t find anyone else to be a witness to the paintball incident.
“Another problem we ran into is finding someone who would corroborate the story besides the mother, who wasn’t there when the incident happened,” he said.
Finally Peters states that Kellie was always “drunk from alcohol “whenever detectives went to question her about the incidents.
But Brass wrote after speaking with Kellie about the incident: “During all interactions, Ms. Johnson appeared intelligent and coherent enough to be truthful.”
“With her history of mental illness and alcohol abuse, I didn’t feel the jury would take her seriously if we went to trial, so I reduced the charges against the two teenagers to simple battery, which would give her the opportunity to go before the judge and no jury. That way he might have been a little more patient and sympathetic with her considering her mental illness, etc..” Peters said.
A simple battery charge, means a person was attacked by another person without a weapon or the victim’s consent.
“The suspects could have received a sentence of six months in jail or pay a $500 fine,” he said.
“However, Ms. Johnson would have to clearly identify both the suspects,” he continued.
“She would have to say ‘they shot me with paintball guns, and I didn’t want them to according to the law, or the case can go no further.”
Capt. Pat Yoes, spokesman for St. Charles Parish Sheriff’s office said he believed Kellie was harassed and people were bothering her.
“On the first incident, involving teenagers shooting her with paintball guns, our detectives investigated and made two arrests,“ he told the Herald-Guide.
“However on the second incident, which occurred in June 2006, we couldn’t make an arrest because Ms. Johnson, could not clearly identify the suspects,” he continued.
Witness won’t come forward
A neighbor who requested anonymity saw both paintball attacks against Kellie. She says she refused to talk to the police about anything she had witnessed for fear that she would be shunned by the community.
“I watched a group of boys drive up to her house, point paintball guns through the window of their car, and then they shot at her. Afterwards, they sped off,” she said.
“I was able to get a license plate and give it to Kellie’s mother on the Nov 10. incident,” she continued.
“Occasionally, Kellie would wander around in the yard and talk to herself, but I never saw her bother anybody,” “When she was having a really bad day, she would curse sometimes but other than that she kept to herself,” the neighbor said.
Kellie died sitting on the couch in her front yard before the trial date, which was scheduled for May 1, 2007.
Her cause of death has yet to be determined.
She’s in a better place and I know now that no one can hurt her anymore,” Marion, her mother said. “I had a lonely Mother’s Day this year and I don’t know what to expect from this trial, but I hope Kellie will be smiling down on me from heaven when we get our day in court.”
Be the first to comment