Prosecutors on Monday sought a stiffer penalty against Shaun Johnson — the driver in a 2013 crash that injured a Battle Ground teen — citing as evidence the victim’s injuries that will create lifelong impairments.
However, Clark County Superior Court Judge David Gregerson sentenced Johnson, 50, to three years in prison — the same sentence she received following her first vehicular assault trial and conviction.
A jury earlier this month found Johnson guilty a second time of vehicular assault after that conviction and a conviction for methamphetamine possession were overturned by a state appeals court in July. The appeals court ruled that a Clark County sheriff’s deputy who found the drug in her purse had searched it illegally, and the evidence was erroneously introduced during her first trial in 2015. The drugs were not mentioned in the new trial.
Still, a jury once again found Johnson was under the influence of methamphetamine when she struck then-16-year-old Justin Carey on June 10, 2013, as he waited for a school bus along Northeast 82nd Avenue. He was found later, lying in the bushes, by a tow truck driver. His injuries led to the amputation of his lower right leg.
On Monday, Senior Deputy Prosecutor Kasey Vu argued that a traumatic brain injury Carey also suffered has gotten worse and is permanent.
“He’ll never be the same happy-go-lucky young boy,” Vu said.
Vu asked that Gregerson sentence Johnson to five years in prison, two years longer than her original sentence.
Johnson’s defense attorney, Shon Bogar, said he was “shocked” by the request. He argued that the prosecution was being vindictive because Johnson appealed her convictions. If anything, he said, the facts presented during his client’s retrial were weaker, and Johnson should receive less time.
Bogar said a sentence of 25 to 27 months in prison would be more appropriate.
He declined to comment after the sentencing.
Johnson will receive credit for time already served.
“There are no winners in these cases. It’s just sad for everyone involved all the way around,” Vu said afterward. “I know Justin and his family are not vindictive. They just want Johnson to be held accountable for what she did.
“I hope Shaun Johnson understands the consequences of her actions from that early morning back in June 2013 and how her choices that day essentially resulted in a life sentence for a 16-year-old boy, and not just him, but his family,” he added.
Victims’ statements
Earlier in the hearing, Bogar had argued for a new trial, based in part on alleged evidentiary issues and other issues raised during the retrial, and testimony presented by Carey’s mother, Janette Chumley. He said Chumley’s testimony did not provide further evidence and likely prejudiced the jury.
Gregerson denied the request.
Both Carey and his mother, and his 17-year-old sister, Jaden, read statements to the court about how their lives have been impacted by the crash.
Chumley spoke about how her son’s dreams of joining the Army have been dashed.
“Shame on you for your careless decisions,” she told Johnson. “You know nothing about honor, courage or respect. (Carey) has the heart of a soldier and not even you can take that away.”
Carey told the court that no one can deny his life is forever changed. “I do deserve justice,” he said. “I don’t believe she is sorry for what she’s done.”
Johnson declined to make a statement before sentencing.
Afterward, Carey said he had hoped for an apology.
Chumley said the family just wants Johnson to serve her sentence. Although she’s worried about the defense’s talk of another appeal, she said she’s confident there isn’t new information for Johnson’s conviction to be overturned.
“We are praying this is behind us and don’t need to worry,” Chumley said. “The hardest part is she hasn’t owned her behavior. She doesn’t believe she’s guilty.”
