Results 1 to 4 of 4

Thread: Death Penalty Off the Table for Anu-Malik Johnson in 2019 PA Murder of Andre White Jr.

  1. #1
    Senior Member CnCP Legend
    Join Date
    Oct 2018
    Posts
    2,243

    Death Penalty Off the Table for Anu-Malik Johnson in 2019 PA Murder of Andre White Jr.



    Prosecutors to seek death penalty against man in Regal theater shooting

    By Dylan Segelbaum
    York Daily Record

    The York County District Attorney’s Office intends to seek the death penalty against a man who’s charged in a deadly shooting that happened at the Regal Cinemas in West Manchester Township.

    In court documents, Chief Deputy Prosecutor Chuck Murphy wrote that Anu-Malik Johnson, 21, of York, knowingly created a grave risk of death to another person when he committed the crime. He was formally arraigned on Friday on charges of first- and third-degree murder, aggravated assault, recklessly endangering another person and related offenses, according to court records.

    Johnson is accused of shooting and killing Andre White Jr., 22, of Carlisle, on Dec. 2, 2019. A woman inside the movie theater was also shot twice, West Manchester Township police said.

    Jalen Bellaflores, 19, of Conewago Township, is charged with hindering apprehension, obstruction of justice and tampering with evidence. He testified against Johnson at his preliminary hearing.

    Meanwhile, Kieara Martinez, 18, of Lancaster, is charged with hindering apprehension, obstruction of justice and tampering with evidence. She had been on a date with White, police said, and took his cellphone after the shooting.

    In an email, Jon White, Johnson’s attorney, said he and his client had believed that prosecutors might seek the death penalty and that they were disappointed with the decision.

    "We do not believe seeking the death penalty serves the interest of justice and we intend on challenging the Commonwealth’s ability to seek it," he said.

    In Pennsylvania, no one has been put to death since 1999. Gov. Tom Wolf has placed a moratorium on executions, but that does not prevent prosecutors from pursuing capital punishment.

    https://ydr.com/story/news/crime/202...ng/2892526001/

  2. #2
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Coronavirus cited in bid to toss death penalty in slaying

    A defense attorney is citing the coronavirus in asking a Pennsylvania judge to bar prosecutors from seeking the death penalty in the case of a man charged in a shooting death inside a movie theater last year.

    The York Daily Record reports that attorney Jon White argued in a hearing last week that the COVID-19 pandemic has hindered his ability to prepare an effective death penalty defense for 21-year-old Anu-Malik Johnson.

    Prosecutors deny that he is being barred access to his client.

    Johnson is charged in the Dec. 2 shooting of 22-year-old Andre White Jr. in West Manchester Township.

    (source: Associated Press)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #3
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Judge won't throw out most serious charge in deadly shooting at Regal West Manchester

    A York County judge on Monday denied a request to throw out the most serious charge against a man who’s accused of shooting and killing someone at the Regal Cinemas in West Manchester Township and wounding another person.

    Common Pleas Judge Craig T. Trebilcock ruled that prosecutors had put on enough evidence at this stage to support the charges of first-degree murder and criminal attempt to commit first-degree murder against Anu-Malik Johnson, 22, of York. The York County District Attorney’s Office is seeking the death penalty in the case.

    “This is not the trial,” said Trebilcock, who noted that prosecutors only had to meet a low burden of proof at this point in the court proceedings. “This is not the hearing that determines guilt or innocence.”

    Jon White, Johnson’s co-counsel, argued that the evidence does not establish that his client lied in wait or acted with premeditation on Dec. 2, 2019.

    Johnson, he said, was already sitting in his seat when Andre White Jr., 22, of Carlisle, walked into the movie theater. It was pure coincidence that the two men crossed paths that evening.

    Andre White, the defense attorney claimed, himself was armed and fired a shot. Law enforcement has not recovered the gun.

    There has to be premeditation,” Jon White said. “And in this case, they have failed to show that, and they have failed to illustrate that, your honor.”

    MORE:'Things didn't feel right:' Man testifies acquaintance confessed to Regal West Manchester shooting

    But Chief Deputy Prosecutor Chuck Murphy contended that under the law, people can form the specific intent to kill required for first-degree murder in a split-second.

    A jury can infer that mental state exists, he said, when someone uses a deadly weapon on a vital part of another person’s body.

    Murphy stated that Johnson stood up and fired multiple times at Andre White, who was essentially backed into a corner in the top row of the movie theater. He died of multiple gunshot wounds.

    “Based on all those circumstances, the evidence for the element of specific intent, I believe, is clearly met,” Murphy said.

    Johnson is next scheduled to appear in court on May 20. He's being held without bail in York County Prison.

    https://www.ydr.com/story/news/crime...er/6956098002/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #4
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Edited:

    DA reverses course on death penalty in movie theater killing

    By Aimee Ambrose
    York Dispatch

    The death penalty is off the table now in a case alleging a man killed another man and injured a woman when he opened fire in a movie theater.

    Anu-Malik Johnson, 23, faces first-degree murder and other charges from the death of Andre White Jr., 22, of Carlisle, at the Regal Cinemas theater in the West Manchester Town Center shopping complex in December 2019.

    The other victim, a woman who wasn’t affiliated with either of the men, was shot twice in the incident and injured, including by a bullet that grazed her cheek, police alleged.

    Nearly four months later, following Johnson’s arrest, the York County District Attorney’s Office in March 2020 filed intentions to seek the death penalty for Johnson, if convicted.

    The process meant if a jury found him guilty of first-degree murder, prosecutors would then ask jurors to decide whether he should receive a death sentence or life in prison. A life sentence is automatic for defendants convicted of first-degree murder, under Pennsylvania law.

    A common pleas court judge upheld the prosecution's plan later that year.

    Judge Craig Trebilcock rejected challenges by Johnson’s attorneys, including their assertion the evidence didn’t support allegations that the shooting created a risk of death for someone other than White.

    On Tuesday, about two years after Trebilcock’s decision, the D.A.’s office asked to withdraw the intent to seek the death penalty.

    The motion cites consideration of a mitigation report Johnson’s defense attorneys submitted, along with “relevant case law and applicable jury instructions.”

    Judge Maria Musti Cook granted the request.

    Jonathan White, Johnson’s attorney, said he “hoped and believed” prosecutors would pull the death penalty plan.

    “I believe they made the right decision,” he said.

    Kyle King, the D.A.’s office spokesman, declined to provide a statement.

    “We do not comment on pending matters,” he said.

    White and co-counsel, Korey Leslie, had brought in a mitigation specialist to speak to Johnson earlier this year as part of defense preparation, according to court records.

    White declined to talk to the York Dispatch about content in their mitigation report at this time.

    Johnson is charged with first- and third-degree murder, attempted murder, aggravated assault, illegal possession of a firearm, and three counts of reckless endangerment.

    A trial date for Johnson has not yet been set.

    White, the attorney, believed a request to set a date could be filed in a week or so, and he thought the case could go before a jury by about March 2023.

    Bellaflores, meanwhile, was also charged in the case, facing counts of hindering Johnson's apprehension, obstruction of law enforcement, conspiracy to obstruct law enforcement and tampering with evidence.

    He's next scheduled to appear in court in January 2023, court records show.

    https://www.yorkdispatch.com/story/n...g/69564151007/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •