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Shane Johnson sentenced to 52 years

Judge cites prior history, attitude, in giving sentence

Shane Johnson, who was accused and arrested in connection to the shooting of his brother in Havre Nov. 9, was sentenced in state District Court Monday to 52 years in prison.

Johnson, born in 1968, was sentenced for a lesser charge of negligent homicide.

The victim, Travis Johnson, was killed after getting into an argument with Shane in their parents' house, in which they each lived in rooms in the basement.

Shane Johnson was accused of taking a pistol he kept in his bedroom and shooting Travis Johnson after a fight in which Travis Johnson gave him a bloody nose. Travis died of a bullet shot into his head.

Shane Johnson maintained that his brother took the gun, and the shots were fired while he tried to get it away from Travis.

Four shots were fired, one in Travis Johnson's bedroom and three in Shane Johnson's bedroom. One of the bullets grazed Travis Johnson's scalp and one passed through his cheek and entered his brain.

Shane Johnson has prior convictions including guilty pleas to burglary and to threatening a prosecutor in another offense.

During his sentencing, Shane Johnson chose to represent himself, with a stand-by counsel. He directly conducted interviews with witnesses. His counsel, Kaydee Snipes Ruiz, asked Boucher that the defendant be allowed to remove one of his hands from his shackles for the hearing, but the court said this was up to courtroom security, who denied the request, according to the court document.

Shane Johnson's history was cited in the sentencing hearing Monday.

District Court Judge Daniel Boucher was stern in sentencing Johnson, according to court documents.

"He (Johnson) has demonstrated an inability to conduct himself appropriately on supervision previously, and he is a danger to everyone around him and this is necessary to protect the public," the court document reads.

The court document states Boucher cited the presentence investigation report, which contains references from trained mental health professionals that "the Defendant does not care about other people, or at least to an adequate degree," and said it appears his violence and dangerousness has escalated over time, the Defendant has gone from misdemeanor convictions to a conviction for burglary of the an 82-year-old woman's home.

"Throughout all of this the Defendant's response has primarily been to blame others for everything that has happened, he claims every (sic) has lied and cheated and that dovetails really well with the Department's reports," the document says.

Shane Johnson was given credit for 555 days toward his 50-year imprisonment, with 10 years suspended. He was given an additional two years for his use of a weapon in the offense, court documents read.

 

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