Johnson County, Georgia

From the Macon.com of November 10, 2006

Wrightsville man acquitted of murder in son-in-law's death

A Johnson County jury took just 45 minutes of deliberation before acquitting a Wrightsville man of murder in the shooting death of his estranged son-in-law.

Terry Joe Anderson, 50, was charged with murder in the death of 33-year-old Richard Patrick Johnson in the early morning hours of Jan. 4, 2004.

Anderson had maintained from the beginning that he fired in self-defense.

The case was unusual in that the murder charge originated from the grand jury, not the investigating law enforcement agency. After investigating the death, the GBI declined to make an arrest.
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According to Warnock, testimony in the case indicated the shooting happened this way:

Anderson's daughter had separated from her husband because he had been violent, at one time striking her with a two-by-four. Just past midnight on the night of the incident, Johnson showed up at Anderson's house and asked to speak to his estranged wife. She came to the door and Johnson pulled a knife on her.

Sheriff's deputies were called and when they arrived, Johnson ran into the woods. Deputies could not find him after searching for more than an hour and left, taking Johnson's wife to a shelter.

Later in the night, Johnson emerged from the woods and kicked in the door to Anderson's home. Anderson pulled out a .38-caliber pistol and ordered Johnson out of the house. Johnson left but, according to testimony Anderson gave in a pre-trial hearing, after walking into the yard Johnson turned and charged Anderson. He fired the gun, hitting Johnson four times and killing him.

The prosecution's case, Warnock said, centered on the fact that one shot struck Johnson in the side and another struck him in the back. Johnson also was not carrying the knife when he returned to the house.

Chief Assistant District Attorney Peter Fred Larsen told the jury in closing arguments that Anderson's version didn't fit the facts, Warnock said.

"He argued the angles of the shots were not consistent with testimony and the more likely scenario was that he shot him in the back as he ran away," Warnock said.

However, a doctor called by the defense testified that the bullet wounds were consistent with Anderson's story, Warnock said. Johnson was running at an angle when he charged Anderson and he was drunk and may have twisted his body, the jury was told.

Johnson had a blood-alcohol level of 0.26, more than three times the legal limit for driving.

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