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Johnson: Was afraid for life night brother was shot

Defendant says was just trying to take gun away

The defendant in a murder trial in state District Court in Havre took the stand today, saying he was frightened for his own — or his brother’s — life and tried to take the gun that shot his brother Nov. 9, 2013.

Shane Johnson, born in 1968, is accused of deliberate homicide in the death of his brother, Travis Johnson.

State District Judge Dan Boucher told the jury this afternoon that he expects final arguments to be presented Tuesday morning and the jury sent back to deliberate on a verdict.

Shane Johnson, with his voice breaking and choking up at times, sometimes wiping his eyes, testified that after he and his brother got in an argument while they were upstairs drinking beer and watching television, his brother cold-cocked him and continued to assault him until he ended up going downstairs to his bedroom, lying down across his bed.

He testified that his brother was not acting like he usually did, and was being very aggressive and would not stop and leave him alone while upstairs.

He said Travis Johnson then came into his room and reached under his bed and took out a 22 caliber semiautomatic pistol that was kept there and left, going back to his own bedroom across the hall.

Johnson said he got up and followed his brother, concerned that someone — including himself or Travis Johnson — may have ended up injured or killed.

What followed was a struggle throughout his brother’s room and into the hallway, Shane Johnson said, adding that he doesn’t know many of the details of that struggle -- including how many shots were fired or how the shot that entered Travis Johnson’s brain was fired.

Shane Johnson testified that he did not shoot his brother.

When asked by an attorney for the prosecution if Travis tried to shoot him, Shane Johnson testified, “I don’t know what he was trying to do.”

Shane Johnson testified that after Travis Johnson collapsed, he called his name and tried to get his attention, then went and collapsed on his own bed. He said he did not realize anyone else had been in the house until a law enforcement officer, shining a light on his face, told him to get his hands out from under the comforter and up in the air.

After the defense called the brother’s mother to the stand, testifying that Travis was “very drunk and belligerent” that afternoon and that she did not recall telling a police officer the night of the shooting that everyone was happy that afternoon, it rested its case.

The prosecution called one witness back to the stand, then rested its case.

The judge dismissed the jury until Tuesday morning, telling them to expect to hear jury instructions and the closing arguments when they return.

 

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