Judge allows self defense, lesser offense, in Johnson murder trial

The judge in the Shane Johnson murder trial today, over objections from both sides of the case, instructed jurors both to consider whether Johnson acted in self defense in the Nov. 9 death of his brother, Travis Johnson, and to consider a lesser charge if they find him not guilty of deliberate homicide.

After nearly two hours of discussion and argumentation over those and other issues, state District Judge Dan Boucher made his rulings this morning.

Shane Johnson testified Monday that he was trying to take the gun that fired the shot killing Travis Johnson away from his brother after a lengthy altercation, saying he was afraid for his brother’s or his own life.

The prosecution argues he took the gun and went after his brother following the fight, in which Travis Johnson struck Shane Johnson including giving him a bloody nose.

The prosecution argued that because Shane Johnson has not admitted he killed his brother — he emphatically denied that during his testimony Monday — he cannot claim he killed him in self defense.

The defense argued that while Johnson does not admit he killed his brother, the struggle over the gun began in self defense.

The prosecution then argued that if the jury does not find him guilty of deliberate homicide — which prosecuting attorney Catherine Truman said they believe the jury will — it should be able to consider negligence in going after a loaded gun rather than leaving and trying to find help.

Defense attorney Randi Hood said that under Montana law, a person has no obligation to leave or back down when threatened.

Truman argued that if the defendant initiated the altercation, Montana law does require attempting to get out of the situation. She said because he testified he followed Travis Johnson into the bedroom — and the state contends that Shane Johnson had the gun at that time, not Travis Johnson — negligence should be considered if the jury does not convict him of deliberate homicide.

Boucher set closing arguments to start at 12:30 this afternoon, allowing up to one hour and forty-five minutes for closing arguments on each side.