Man convicted of burglary charge; found guilty for assaulting deputies in jail while awaiting trial

A Pennsylvania man who burglarized an Eltham store and subsequently attacked jail guards while awaiting trial has been convicted on all charges.

Shevinah Purnell Johnson, 19, currently of Henrico Jail East, was found guilty on one charge of burglary and misdemeanor petty larceny during a Nov. 10 trial. A second trial that concluded on Nov. 14 convicted him on five counts of assaulting a police officer.

In the contested burglary trial, on Dec. 1, 2013, Joshua Morgan and William Nixon were sitting on a porch at their home across from the Surf & Turf sporting goods store on Eltham Road. The two men witnessed a figure walking on the road, something they deemed unusual for that time of the year.

“It seemed odd to see someone walking on the road,” said Morgan, who happened to be employed at Surf & Turf at the time.

About a half hour later, Surf and Turf owner Tanya Smith called Morgan, saying that the alarm system had triggered and for him to go inspect the property. Upon his arrival, Morgan saw that the back window had been broken. Remembering the figure that was walking down the road, Morgan contacted Nixon who had left a few moments earlier to see if he can locate that person.

Nixon drove down the road and spotted the person twice and was able to get a good look at him, identifying him as a tall, black man wearing blue jeans and a heavy jacket. Nixon returned to Surf & Turf and met with Morgan and authorities that had arrived. Upon receiving the description, Deputy Cole Thomas proceeded up Eltham Road to locate the man described to question him. Thomas and Deputy Brandon Jenkins arrived at the Washington-Burgess Inn to ask the owners if they have seen the individual, and to their surprise, the individual was exiting the door.

Jenkins emerged from the car to have casual conversation with the individual, later identified as Johnson. Thomas returned to Surf & Turf and received inventory of what was missing from the store. After items that included candy, chips, and drinks were identified, Thomas contacted Jenkins to let him know of the missing items. Jenkins, still conversing with Johnson, asked him if he could look inside of his backpack. Receiving consent from Johnson, Jenkins recovered several items similar to those missing from Surf & Turf.

Detective Joe McLaughlin III arrived at the inn and spoke with the suspect, before placing Johnson in custody. McLaughlin testified that the defendant admitted to entering the property to take food and drink because he was homeless and hungry. Surveillance video confirmed an individual, later identified as Johnson, had entered the store.

Defense attorney Patricia Nagel argued that the defendant was being held and detained unlawfully while officers conducted a background search using information Johnson supplied to them while speaking with Jenkins. However, assistant Commonwealth’s Attorney Randy Del Rossi said nothing physical was given to the officers and no action of detainment nor seizure had occurred at the time.

“Officer Jenkins was engaging in casual conversation with the defendant and received consent to search his bag,” Del Rossi said. “He was not detained against his free will and he had given consent to look through his bag.

“This case developed when witnesses noticed unusual actions with a man walking down the road and when the alarm went off in the store, it triggered a chain of events,” the assistant commonwealth’s attorney concluded.

Judge Thomas B. Hoover agreed, commenting on the circumstances and oddities of the case that ended up connecting together.

“When I get a case like this, I always look at the unusual nature of the case,” said Hoover. “Here we have a defendant walking on Route 33 [Eltham Road] at an unusual time of night on a cold day.

“The defendant admitted he was hungry and wanted something to eat and that was cause for him to burglarize this store,” Hoover continued. “With that evidence, I find him guilty on both charges.”

Johnson’s troubles, however, were far from over. While being held on his burglary and petty larceny charges, five separate incidents on four different dates garnered guilty convictions on all counts to assault and battery on a police officer.

On the dates of March 3, March 22, April 12, and May 2 of this year, Johnson became involved in a variety of assaults, resulting to injuries to officers inside Henrico Jail East. Testimony by officers and former officers revealed Johnson’s displeasure for his requests not being met in what the defendant deemed as a timely manner.

On March 3, Lt. Phillip Walker responded to a call when Johnson damaged trash cans and other cleaning items while in the pod, a holding area for inmates. After the defendant refused to comply to return to his cell and took a threatening stance, Walker ordered the inmate to be pepper-sprayed. Instead of defusing the situation, Johnson charged Walker and tackled him, before being pulled off and restrained.

The March 22 incident resulted when an officer responded to Johnson’s request for a “blue note,” a request form that allows inmates to ask for privileges. After the officer placed the note on the table, Johnson asked what “last night was about.” Apparently upset from a cell extraction the night before, Johnson began pummeling the officer, resulting in the officer suffering numerous injuries and not being allowed to return to work due to suffering post-traumatic syndrome. When officer Darrell Powell entered the room to detain the suspect, he was the recipient of two punches, with one hurting his hand to the extent that sent him to a doctor’s office.

On April 12, Lt. Stuart Prentiss was conducting cell inspections when he arrived at Johnson’s cell. While Johnson’s cell was clean, Prentiss noticed a towel on Johnson and asked to conduct a strip search. When Johnson refused, the defendant punched Prentiss and later initiated a head-butt. Johnson received lacerations to his face as a result.

On May 2, officer Jeffery Owens and 12 other officers were monitoring Johnson’s actions as he showered. Owens, who was monitoring the door and not assigned to watch Johnson directly, was caught off guard and knocked out by the defendant. Owens sustained a cut, concussion, and a broken finger as a result of the assault.

Johnson, however, testified that his mistreatment in the jail led to his actions.

“I was put in isolation and my privileges were off and on,” said the defendant. “That frustration led me to tossing trash cans and smashing the broom handle.

“The deputies weren’t doing their job and the only way I could get the blue note and their attention was by doing this,” he continued. “However, they were the ones who taunted me and I felt like I was a target from that point on.”

Video evidence from the case displayed all of Johnson’s actions, but Nagel said that the event was one continuous event that escalated as time progressed.

“The officers were the initial aggressors,” Nagel argued. “They called him unnecessary names, used a weapon against my client and also used unnecessary force.

“My client has had some mental issues and had no medication,” she continued. “While he tried to get a blue note to request this medicine, his requests went ignored. That frustration built up and my client acted out because all he wanted to do was get a blue note and talk to someone.”

Commonwealth’s Attorney Linwood Gregory countered Nagel’s viewpoint, saying that it was Johnson who started all the incidents at the jail.

“He is an angry person and he lashes out when he doesn’t get what he wants,” Gregory said. “When Mr. Johnson didn’t get a response to his request when he wanted to, he took exception and he attacked these officers.

“He did this on five separate occasions,” continued Gregory. “And even when he did get a blue note, he still wasn’t happy.”

Hoover agreed with Gregory, pointing to video evidence as well as the specific March 22 attack that displayed the defendant’s true intent.

“The best evidence was the video tape,” said Hoover. “The defendant’s testimony and version of the incidents doesn’t match up with what the tape displayed.

“I specifically highlight the March 22 incident,” the judge continued. “Here, we have the defendant receiving a blue note as he requested and for no apparent reason, he pummels this much smaller officer. The deputy had no idea that he had been set up and the result left him with serious injuries.

“This was not a continuous course of conduct and I find him guilty on all five charges,” Hoover concluded.

A presentence report is being prepared for Johnson. Formal sentencing is scheduled for Feb. 9 at 1 p.m.