Michael Johnson (Criminal)
Encyclopedia
Michael Dewayne Johnson (May 27, 1977-October 19, 2006) was executed
because of the 1995 murder
of Jeff Wetterman.
, near Dallas, Texas
. At the house Vest noticed a 9mm pistol laying on a table.
Later that day Vest was at home when some other friends dropped by in a stolen Cadillac
. Vest went out with his friends, driving them each to their homes until he was the last one left in the car. Vest then saw Johnson in a parking lot, talking on a public telephone. He pulled over and picked up his friend and the two drove to Johnson’s house. Johnson went inside and returned with the 9mm pistol tucked into the waistband of his trousers. The pair drove around for a while then headed towards the Texas coast during the night, aiming to spend the following day at the beach, at Corpus Christi
, to celebrate Vest’s birthday.
Near the town of Waco
, the two noticed that the Cadillac was running low on fuel. Only having 4 dollars each, they decided to make a "gas run"; filling up the car with gasoline and then speeding off without paying. Johnson took the wheel and they drove to two separate gas stations but decided the circumstances were unfavorable at both. Around 7:00 a.m. on September 10, they drove to a Fastime convenience store/gas station, near an Interstate 35 exit ramp in Lorena
, Texas
. The service station was a family business, run by 27-year-old Jeff Wetterman, a tall man of 6 foot 7 inches. Vest and Johnson drove into the forecourt
of the service station. Wetterman came out to fill the car with petrol, as was custom at the full-service station. Knowing they did not have money to pay for the $24 worth of fuel, and afraid that Wetterman would alert the police if they drove off, one of the two young men shot Wetterman in the face with the pistol, severing his spinal cord
. A female employee of the Fastime service station
would later testify that after the sound of the shot, she looked out and saw Wetterman sitting on the ground with a blond-haired man standing beside the passenger door of the Cadillac. Vest and Johnson would each later claim it was the other who shot and killed Wetterman.
The pair then drove to Corpus Christi. They sold the gun to a trucker for $35, which they used to buy petrol, drinks and cigarettes and then returned to the Dallas area later that day.
was that he would testify against Johnson.
Johnson was indicted for murder before a McLennan County
grand jury on 29 November 1996.
Vest testified that at the service station, he had exited the car from the passenger’s side and begun filling the car with petrol. Wetterman had come out to assist and had begun talking to Vest. Johnson had then exited the car from the driver’s side and had walked to the back of the vehicle. Vest had asked him if he had the gun on him, to which Johnson had responded by lifting his shirt to display the pistol
tucked into his trousers. As Vest had replaced the petrol pump, he heard a shot and had looked around to see Wetterman falling to the ground. Vest and Johnson had hurried into the car and sped away.
Another friend testified that Johnson had bragged about the incident in the following days. He said Johnson had admitted to the shooting, saying he shot Wetterman in the face after he thought he heard Vest say “Shoot’’. Other friends testified that Johnson made fun of Vest for crying after the incident.
Johnson initially tried to say that he had an alibi
and was at home on the day of the murder but after his arrest he admitted to a psychologist that he had been present at the time of the killing. Physical evidence also placed him at the scene, in the form of DNA
collected from hairs and cigarette ends found in the Cadillac.
At trial, Johnson did not testify in his own defence but later told reporters that Vest had murdered Wetterman. Johnson maintained that he had been driving but had remained in the car while Vest got out to fill the car with petrol. Johnson said he did not even see Wetterman. He claimed that Vest shot the attendant and then yelling, “Go, go, go!” jumped back into the car.
Whilst Johnson had no previous convictions, several witnesses described violent incidents in his past. His former girlfriend said he that he had beaten her after accusing her of ‘sleeping around’. Other friends testified that Johnson had attacked a man with a knife; aimed a gun at a neighbour during a confrontation; attempted to run a man over and had once run over a cat
and then reversed over it to ensure that it was dead. A man testified that Johnson had responded, “So what?” when told the victim in his murder trial was married.
On 6 May 1997, Johnson was found guilty of murder. Two days later he was sentenced to death by lethal injection
. As the verdict was read out, he turned and screamed obscenities at the Wetterman family.
in Huntsville prison located in Huntsville, Texas
, for 10 years. He received several stays of execution
and lodged numerous appeals. One of these appeals was a confession supposedly signed by Vest after the two were arrested.
Johnson’s attorney appealed to the Supreme Court, arguing that Vest’s confession had been improperly suppressed by the prosecutors. Police later explained that the two men had both been indicted as if they were the shooters; Vest’s signature was to affirm that the indictment
was correct and was not in any way a confession.
The court’s verdict was affirmed by the Texas Court of Criminal Appeals
in 1997 and a judicial review
appeal to the Supreme Court was denied in 1998. An application for a writ of habeas corpus
was denied in 2000. Three other appeals and attempts at judicial review were lodged but all failed.
Johnson's execution date was set for 6pm on the 19th of October 2006. Johnson was put on suicide watch
36 hours before the execution. And was checked every 15 minutes. Johnson refused a last meal
.
At 2:45am on the the 19th of October 2006, Johnson was found, unresponsive, in a pool of blood in his cell in the Texas Department of Criminal Justice
Polunsky Unit
. He had sliced open his right jugular vein
and an artery
inside his right elbow with a razor blade attached to a popsicle stick, tied on with dental floss. He had written on his cell wall in his own blood "I didn't do it".
Prison system spokeswoman Michelle Lyons said that 15 minutes before Johnson was discovered, he was talking to the staff and awaiting breakfast, and gave no indication he was contemplating suicide
.
His lawyer, Greg White, said he had seen no indication that Johnson was despondent, saying that had "never seen him not in good spirits. I'm not trained in those things, but just from a common person's standpoint, we just never had conversation that he was near the end and `I'm doomed' and any of that kind of stuff."
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
because of the 1995 murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of Jeff Wetterman.
Murder Case
On the 9th of September 1995 on his 17th birthday, David Noel Vest went to visit 19 year old Michael Johnson at his home in Balch SpringsBalché
Balché is a mildly intoxicating beverage common among ancient and indigenous cultures in areas of what is now Mexico and upper Central America. Today the drink is still common among the Yucatec Maya, and is made from the bark of a leguminous tree , which is soaked in honey and water, and fermented...
, near Dallas, Texas
Dallas, Texas
Dallas is the third-largest city in Texas and the ninth-largest in the United States. The Dallas-Fort Worth Metroplex is the largest metropolitan area in the South and fourth-largest metropolitan area in the United States...
. At the house Vest noticed a 9mm pistol laying on a table.
Later that day Vest was at home when some other friends dropped by in a stolen Cadillac
Cadillac
Cadillac is an American luxury vehicle marque owned by General Motors . Cadillac vehicles are sold in over 50 countries and territories, but mostly in North America. Cadillac is currently the second oldest American automobile manufacturer behind fellow GM marque Buick and is among the oldest...
. Vest went out with his friends, driving them each to their homes until he was the last one left in the car. Vest then saw Johnson in a parking lot, talking on a public telephone. He pulled over and picked up his friend and the two drove to Johnson’s house. Johnson went inside and returned with the 9mm pistol tucked into the waistband of his trousers. The pair drove around for a while then headed towards the Texas coast during the night, aiming to spend the following day at the beach, at Corpus Christi
Corpus Christi, Texas
Corpus Christi is a coastal city in the South Texas region of the U.S. state of Texas. The county seat of Nueces County, it also extends into Aransas, Kleberg, and San Patricio counties. The MSA population in 2008 was 416,376. The population was 305,215 at the 2010 census making it the...
, to celebrate Vest’s birthday.
Near the town of Waco
Waco, Texas
Waco is a city in and the county seat of McLennan County, Texas. Situated along the Brazos River and on the I-35 corridor, halfway between Dallas and Austin, it is the economic, cultural, and academic center of the 'Heart of Texas' region....
, the two noticed that the Cadillac was running low on fuel. Only having 4 dollars each, they decided to make a "gas run"; filling up the car with gasoline and then speeding off without paying. Johnson took the wheel and they drove to two separate gas stations but decided the circumstances were unfavorable at both. Around 7:00 a.m. on September 10, they drove to a Fastime convenience store/gas station, near an Interstate 35 exit ramp in Lorena
Lorena, Texas
Lorena is a small city in McLennan County, Texas, United States. The population was 1,433 at the 2000 census. It is part of the Waco Metropolitan Statistical Area....
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. The service station was a family business, run by 27-year-old Jeff Wetterman, a tall man of 6 foot 7 inches. Vest and Johnson drove into the forecourt
Forecourt
In architecture a forecourt is an open area in front of a structure's entrance.In archaeology, forecourt is the name given to the area in front of certain types of chamber tomb...
of the service station. Wetterman came out to fill the car with petrol, as was custom at the full-service station. Knowing they did not have money to pay for the $24 worth of fuel, and afraid that Wetterman would alert the police if they drove off, one of the two young men shot Wetterman in the face with the pistol, severing his spinal cord
Spinal cord
The spinal cord is a long, thin, tubular bundle of nervous tissue and support cells that extends from the brain . The brain and spinal cord together make up the central nervous system...
. A female employee of the Fastime service station
Service station
Service station may refer to:* Filling station, a gasoline or petrol station* Automobile repair shop, a place where automobiles are repaired* Rest area, a public facility on motorways or controlled-access highways for resting or refuelling...
would later testify that after the sound of the shot, she looked out and saw Wetterman sitting on the ground with a blond-haired man standing beside the passenger door of the Cadillac. Vest and Johnson would each later claim it was the other who shot and killed Wetterman.
The pair then drove to Corpus Christi. They sold the gun to a trucker for $35, which they used to buy petrol, drinks and cigarettes and then returned to the Dallas area later that day.
Trial
Vest pleaded guilty to aggravated robbery and received an eight-year prison sentence. Part of his plea bargainPlea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
was that he would testify against Johnson.
Johnson was indicted for murder before a McLennan County
McLennan County, Texas
McLennan County is a county located on the Edwards Plateau in Central Texas. In 2000, its population was 213,517; in 2008 the U.S. Census Bureau estimated its population to be 230,213. Its seat is Waco. The county is named for Neil McLennan, an early settler....
grand jury on 29 November 1996.
Vest testified that at the service station, he had exited the car from the passenger’s side and begun filling the car with petrol. Wetterman had come out to assist and had begun talking to Vest. Johnson had then exited the car from the driver’s side and had walked to the back of the vehicle. Vest had asked him if he had the gun on him, to which Johnson had responded by lifting his shirt to display the pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...
tucked into his trousers. As Vest had replaced the petrol pump, he heard a shot and had looked around to see Wetterman falling to the ground. Vest and Johnson had hurried into the car and sped away.
Another friend testified that Johnson had bragged about the incident in the following days. He said Johnson had admitted to the shooting, saying he shot Wetterman in the face after he thought he heard Vest say “Shoot’’. Other friends testified that Johnson made fun of Vest for crying after the incident.
Johnson initially tried to say that he had an alibi
Alibi
Alibi is a 1929 American crime film directed by Roland West. The screenplay was written by West and C. Gardner Sullivan, who adapted the 1927 Broadway stage play, Nightstick, written by Elaine Sterne Carrington, J.C...
and was at home on the day of the murder but after his arrest he admitted to a psychologist that he had been present at the time of the killing. Physical evidence also placed him at the scene, in the form of DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
collected from hairs and cigarette ends found in the Cadillac.
At trial, Johnson did not testify in his own defence but later told reporters that Vest had murdered Wetterman. Johnson maintained that he had been driving but had remained in the car while Vest got out to fill the car with petrol. Johnson said he did not even see Wetterman. He claimed that Vest shot the attendant and then yelling, “Go, go, go!” jumped back into the car.
Whilst Johnson had no previous convictions, several witnesses described violent incidents in his past. His former girlfriend said he that he had beaten her after accusing her of ‘sleeping around’. Other friends testified that Johnson had attacked a man with a knife; aimed a gun at a neighbour during a confrontation; attempted to run a man over and had once run over a cat
Cat
The cat , also known as the domestic cat or housecat to distinguish it from other felids and felines, is a small, usually furry, domesticated, carnivorous mammal that is valued by humans for its companionship and for its ability to hunt vermin and household pests...
and then reversed over it to ensure that it was dead. A man testified that Johnson had responded, “So what?” when told the victim in his murder trial was married.
On 6 May 1997, Johnson was found guilty of murder. Two days later he was sentenced to death by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
. As the verdict was read out, he turned and screamed obscenities at the Wetterman family.
Aftermath and Death
After the verdict, Johnson was on death rowDeath row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
in Huntsville prison located in Huntsville, Texas
Huntsville, Texas
Huntsville is a city in and the county seat of Walker County, Texas, United States. The population was 35,508 at the 2010 census. It is the center of the Huntsville micropolitan area....
, for 10 years. He received several stays of execution
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
and lodged numerous appeals. One of these appeals was a confession supposedly signed by Vest after the two were arrested.
Johnson’s attorney appealed to the Supreme Court, arguing that Vest’s confession had been improperly suppressed by the prosecutors. Police later explained that the two men had both been indicted as if they were the shooters; Vest’s signature was to affirm that the indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
was correct and was not in any way a confession.
The court’s verdict was affirmed by the Texas Court of Criminal Appeals
Texas Court of Criminal Appeals
The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of Texas, United States. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges....
in 1997 and a judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
appeal to the Supreme Court was denied in 1998. An application for a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
was denied in 2000. Three other appeals and attempts at judicial review were lodged but all failed.
Johnson's execution date was set for 6pm on the 19th of October 2006. Johnson was put on suicide watch
Suicide watch
Suicide watch is an intensive monitoring process used to ensure that an individual does not die by suicide. Usually the term is used in reference to inmates in a prison, hospital, psychiatric hospital, or military bases...
36 hours before the execution. And was checked every 15 minutes. Johnson refused a last meal
Last meal
The last meal is a customary part of a condemned prisoner's last day. Often, the day of, or before, the appointed time of execution, the prisoner receives a last meal, as well as religious rites, if they desire. In the United States, inmates generally may not ask for an alcoholic drink...
.
At 2:45am on the the 19th of October 2006, Johnson was found, unresponsive, in a pool of blood in his cell in the Texas Department of Criminal Justice
Texas Department of Criminal Justice
The Texas Department of Criminal Justice is a department of the government of the state of Texas. The TDCJ is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails and private correctional facilities, funding and certain...
Polunsky Unit
Polunsky Unit
Allan B. Polunsky Unit is a prison in West Livingston, unincorporated Polk County, Texas, located approximately southwest of Livingston along Farm to Market Road 350. The Texas Department of Criminal Justice operates the facility. The unit houses the State of Texas death row, and it has a maximum...
. He had sliced open his right jugular vein
Jugular vein
The jugular veins are veins that bring deoxygenated blood from the head back to the heart via the superior vena cava.-Internal and external:There are two sets of jugular veins: external and internal....
and an artery
Artery
Arteries are blood vessels that carry blood away from the heart. This blood is normally oxygenated, exceptions made for the pulmonary and umbilical arteries....
inside his right elbow with a razor blade attached to a popsicle stick, tied on with dental floss. He had written on his cell wall in his own blood "I didn't do it".
Prison system spokeswoman Michelle Lyons said that 15 minutes before Johnson was discovered, he was talking to the staff and awaiting breakfast, and gave no indication he was contemplating suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
.
His lawyer, Greg White, said he had seen no indication that Johnson was despondent, saying that had "never seen him not in good spirits. I'm not trained in those things, but just from a common person's standpoint, we just never had conversation that he was near the end and `I'm doomed' and any of that kind of stuff."