Mauricio Johnson sentenced to stipulated term of 150 years to life

 

(Tribal elder Joe Sherman who was at today's proceeding)

Mauricio Johnson sentenced to the stipulated sentence of 150 years to life. He will be on lifetime parole. Johnson has 370 days of actual credits. He received no "good time" conduct credits. Sentence for each count to be served consecutively. Johnson opted not to make a sentencing.

Johnson was sentenced to 25 years to life for each murder count and 25 years to life for each special enhancement for each count. All these to be served consecutively.

In addition to fines imposed in court minutes below, victim restitution is reserved. Firearms seized are declared a nuisance and destroyed.

Family members and lived ones sobbed throughout the proceedings and there was silence during the sentencing. The victim impact statements seemed to be cathartic. I spoke with several family members outside the courthouse including Nikki's brother Jerimiah.

After sentencing, Johnson's attorney, Ms. Andrea Sullivan told me, "I am glad the court accepted the negotiated plea bargain between the defense and the prosecution in this case.  This plea bargain will allow the community to begin healing rather than reliving the trauma through protracted jury trial."

Judge Timothy Canning made similar remarks about the resolution. He said this case resolved early in the process and Johnson admitted to the crimes.

In court, Ms. Sullivan said Johnson took responsibility early on in the process.

Johnson's appearance was waived for receipt of PPR report on March 9.

I already did a post earlier with tribal elder Donald Brenard's statement, the plea details and charges. 

Jewel Frank handed me her statement in court. Many people spoke and each statement was powerful. I am adding remarks from James Newsom's, Jerimiah Radford and Annette Moon's victim impact statements. There were three court bailiffs in the courtroom. 

Newsom and Radford directed remarks at Johnson and were reminded by Judge Canning to direct remarks to the Court. 

 "I can take you out and there is nothing you can do about it," said Newsom. 

"You made me bury my brother on my birthday," said Radford. "Nikki was my best friend."

"I am going to let God take care of you," said Radford. "I am grieving for my brother and fiancee."

"What is going to happen to you in prison?" Radford asked. "The biggest shank I know of is going through your eardrum and out your belly button.”

"Why should you get parole? My family won't get parole," said Moon. "I am trying really hard not to feel hatred for someone. How can I not?"

DA Press Release (2:42 p.m.)

Today, February 16, 2022, Judge Timothy Canning sentenced 19-year-old Mauricio Johnson to the negotiated term of 150 years to life in prison, for three counts of first-degree murder and three special allegations for use of a firearm causing death for the killings of Nikki Metcalf, Margarett Moon, and confidential minor victim Jane Doe. The murders happened on the night of February 9 to the early morning of February 10, 2021, on the Bear River Band of the Rohnerville Rancheria Reservation. Because of Mr. Johnson’s age, he will have a youthful offender parole hearing in 25 years. 

Attorneys and victim advocates from the District Attorney’s Office spoke with many members of the victims’ families, friends, and additional members of the community.  Understandably, given the terrible harm done by the defendant, the people most affected by the murders expressed differing views on whether to accept the negotiated disposition or proceed to trial. Many of those family members were present today at sentencing and addressed the judge. Each expressed the profound and significant loss they personally felt as a result of these heinous crimes.

Had the case proceeded to a trial resulting in the defendant being found guilty of all charges and including the special allegation of multiple murders, a judge might have sentenced the defendant to life in prison without the possibility of parole.  Prior to agreeing to the negotiated disposition, the Humboldt County District Attorney’s Office considered several factors, including: 1) the plea satisfies the public safety mission of the Office, 2) a trial would require testimony from young people who have suffered tragedy, 3) the wishes of family members of the victims, 4) the retention of hope for the positive transformation of a person 18 years of age at the time of their crime, and 5) likely changes to California law.

Under current California law, youthful offenders under age 26 serving a life sentence all receive a parole hearing in their 25th year of incarceration, unless they are serving life without the possibility of parole.  California legislators are seeking to modify the parole eligibility of youthful offenders, so that all youthful offenders would be entitled to a parole hearing regardless of their original sentence, including those offenders sentenced to life without the possibility of parole.  The negotiated sentence is the maximum sentence he could receive if the law under consideration takes effect.

Finally, citizens should recognize the difficulty of receiving parole for people guilty of first-degree murder.  To ensure that decision-makers remain fully aware of the substance and significance of the crimes committed, the Humboldt County District Attorney’s Office attends all parole hearings for people convicted of murder. Family members and community members often also attend Parole Board Hearings to communicate the significance of the crimes committed.  People convicted of murder very rarely receive parole when the opportunity first arises.

Earlier post:

https://johnchiv.blogspot.com/2022/02/as-i-stated-this-has-been-single-most.html?m=1