Athens man found guilty in beatings of girlfriend, child
Published 6:43 pm Thursday, May 4, 2017
- James Johnson Jr.
An Athens man accused of brutally beating his girlfriend and her then-2-year-old girl in 2015 was convicted on five counts of abuse following a four-day trial in Limestone County Circuit Court.
Jurors found James Lynn Johnson Jr., 30, of 1412 N. Houston St., guilty of first-degree domestic violence, a Class A felony; aggravated child abuse and domestic violence strangulation, both Class B felonies; first-degree unlawful imprisonment of the girl and third-degree domestic violence, both misdemeanors.
A sentencing date will be set.
Conviction on a Class A felony carries a penalty of no less than 10 years and no more than 99 years in prison. Conviction on a Class B felony carries a penalty of two to 20 years in prison.
Johnson was tried on one count each of first-degree kidnapping and first-degree domestic violence, both Class A felonies, and one count each of domestic violence strangulation/suffocation and aggravated child abuse, both Class B felonies.
Jurors could not find adequate evidence to find Johnson guilty of kidnapping. Instead, they opted for the lesser-included charge of unlawful imprisonment, but only in reference to the child, who unlike her mother could not escape the shed Johnson put them in after the beatings.
Jurors reached at verdict about 6 p.m. After receiving the case around noon Thursday.
During the trial, jurors saw pictures, watched videos and listened to testimony from the victim, the accused, doctor and police officers.
The prosecution speaks
During closing arguments Thursday morning, Limestone County District Attorney Brian Jones told the jury Johnson should be convicted of kidnapping because he abducted Samantha Fately, 23, of Athens, and her 2-year-old daughter on the morning of May 19, 2015, when he forced them to leave their home in the Woodridge Apartment complex and go into the shed behind his mother’s home on Houston Street.
The prosecution showed pictures of the toddler’s swollen face and blackened eyes, saying the injuries were the result of Johnson hitting her. The child sustained a broken arm, hair pulled from her head, bruises on her face and body, and severe dehydration, according to testimony.
Jones reminded jurors of a chilling piece of testimony. Fately had testified that following the beatings, Johnson told her: “Now you match,” referring to her bruises and her daughter’s.
When Fately got to Athens-Limestone Hospital later that night, her toddler went by MedFlight to Huntsville.
Jones said Johnson restrained Fately and her daughter by intimidating them with threats to their lives and with physical beatings.
“James Johnson beat Samantha on her arms and legs to the extent it was difficult for her to walk,” he said. “He forced to her lay on the bed, put her legs down behind the headboard and at times he sat on her and beat her. Other times he sat on her and stabbed her to restrain and abduct her.”
Jones told the jury Johnson put a belt around Fately’s neck in an attempt to choke her.
“As you go through all these photographs, and I know you’ve seen them over and over, look at all the wounds on her body — every single bite, scrape, mark was done to restrain her and abduct,” he said. “He stabbed her in the face, he stabbed her in the body, every time he struck her, it was to restrain and abduct.”
The defense
Defense attorney Harlan Mitchell disputed the charges, telling the jury Fately’s testimony is the only evidence they have proving Johnson committed the crimes.
“There was no blood, no fluids, only Samantha’s testimony,” he said, adding that a doctor testified some of Fately’s bruises didn’t look fresh. “Only the bruises on her eyes and head were (recent) — the others were old.”
Johnson testified he went to the store and when he came home he found Fately holding the child by her hair and slamming her face into the corner of a wall. Johnson admitted hitting Fately, but said it was because he wanted to keep the child from being hurt worse.
Johnson testified he did not force Fately into the shed, rather she chose to go there because she had warrants out and authorities had been by her house earlier. He said he left to get drugs and when he returned without them, Fately left the shed and he was arrested shortly after.
Mitchell reminded the jury during cross-examination, Fately lied about her history with the Department of Human Resources. Apparently DHR previously investigated Fately for a case involving prescription medications being left in reach of her child. No charges were ever filed.
Mitchell brought up testimony from a family for whom Fately lived with and babysat. He said she was fired for yelling at the child and for the child having a bruise.
Due to the high amount of drugs in Fately’s system at the time of the incident — including benzodiazepines, amphetamines, methamphetamine and marijuana — Mitchell said it’s unbelievable that she remembered the incident clearly.
“We’re supposed to believe her version of everything that happened with vivid details when most people couldn’t even stand up,” he said.
Mitchell said the stab wound in Fately’s face occurred as a result of Johnson trying to restrain her from the child. In the process, Fately stabbed herself in the face with a screwdriver, he said.
“Samantha takes no responsibility for anything except dating James,” he said. “Samantha takes no responsibility for her drug use, no responsibility for her child’s injuries. She was so under the influence of drugs, I don’t know how anyone could believe her here.”