Even lead police investigator Jay Hatcher conceded he couldn't prove Johnson's intent - a necessary ingredient for a murder conviction. I gots to tell the truth. Johnson is accused of running over Herbst after negotiations for a prostitute crumbled into a rumble in the 1400 block of North 17th. With the defense contesting little of the evidence, the defendant's state of mind will be key to any conviction.
Felony murder carries the same maximum life sentence as a simple murder charge.
If Herbst died because Johnson was unaware of the risk of his behavior, he would be guilty of criminally negligent homicide, which carries a two-year prison term. During one pretrial hearing, he offered to plead guilty to criminally negligent homicide. But Assistant District Attorney Robert Harper insisted on a plea to manslaughter with state District Judge Billy John Edwards assessing punishment. In opening statements, Young told jurors his client fled the scene in fear after the victim and a friend taunted him with racial slurs, invited him to a fight and threw a car jack at him. However, Johnson never mentioned his fear in a written statement he gave Hatcher.