Ex-JDF soldier in shoot-out case spared prison due to mental illness

A former Jamaica Defence Force soldier, deemed not legally responsible for a police shoot-out due to his mental condition, has been placed under guardianship rather than being sent to prison.

A guardianship order is a court appointment that authorises a person to act and make decisions on behalf of an adult who is unable to do so.

King's Counsel Peter Champagnie and attorney-at law Samoi Campbell were successful in their plea in the Gun Court on Friday for 38-year-old Dane Johnson not to be incarcerated.

It was argued that the historical way of treating persons with mental disability was to "lock them away and throw weh the key".

The judge acceded to the request not to imprison Johnson and ordered that he should be handed over to the care and control of his mother.

Asked what term of imprisonment Johnson could have received, Champagnie said "had he been convicted without a special verdict, he could have been exposed  to imprisonment for life.”

Johnson faced charges illegal possession of firearm , illegal  possession of ammunition, wounding with intent and seven counts of shooting with intent.  

In April, the judge entered a special verdict, which meant that he was not legally responsible for the crimes because of his mental condition at the time of the incident. 

Today, the judge granted the request for the non-custodial sentence, noting that the court could have exercised one of three options - imprisonment, probation order or the imposition of a guardianship order.

Champagnie submitted that a guardianship order was the most appropriate option and informed the court that Johnson's mother was prepared to be his guardian.

He also provided information in relation to suitable arrangements that were provided for Johnson to be supervised periodically by mental health officials.

The charges stemmed from the November 2, 2021 standoff and shooting incident with the police at his home in Cumberland, Portmore in St Catherine.

The incident, in which Johnson had used his licensed firearm, lasted for about one hour and resulted in one police officer being shot and injured.

Johnson was also shot. 

A number of witnesses were called by Johnson's defence team at the trial. They included a psychiatrist who confirmed that at the time of the shooting, Johnson was suffering from schizophrenia that causes hallucinations and delusions.

The court was told that he was diagnosed in 2017 with the condition.

His wife also gave evidence that on the day in question, he was acting unusual, and when she saw him after the incident he looked “spaced out” and was not responding to her.

And one of the cops who was involved in the shoot-out said that when he called out to Johnson to cease firing he responded by signing a gospel song that was not known to him.

- Barbara Gayle

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