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 our nightmare began , On October 10 , 1993

 

In our home we woke up to indescribable noice.  Thinking that 3-year-old Brittany had gotten into something to play with, they went to find her.  When they couldn’t locate her in the house, they immediately called 911 and sent friends and neighbors to search the neighborhood.  No one knew that her body lay in the closet of their roommate – Chuck Johnson.

 

When police arrived, Johnson acted strangely and tried to cover up something in his closet.  The officer then searched Johnson’s room, and discovered Brittany Lynn lying unconscious and not breathing with a plastic bag covering her face, under a large pile of clothes.The police rushed her lifeless body to the hospital, and Brittany Lynn was pronounced dead less than an hour after her parents began their frantic search for their daughter. 

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The Conviction

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Johnson was the friend of a friend.  Brittany’s parents, Jennifer and Darin, were told he was going through a rough time, and they graciously gave him a place to stay for a few weeks until he got on his feet.  They had no idea of his criminal past or his violent tendencies.

Chuck Johnson has yet to take responsibility for the crime, and changed his story multiple times during the investigation.  After Brittany was murdered, Johnson initially said he didn’t know Brittany was in his closet.  He later told police that he had found her in his closet as police were searching the house, but he panicked and said nothing about her whereabouts. 

The autopsy report shows Brittany’s cause of death was “asphyxia, minutes, due to smothering, minutes.”  The Chief Medical Examiner, Dr. Frank Sheridan, testified at trial that it took 2 ½ to 3 minutes to suffocate Brittany Lynn – illustrating premeditation.  Johnson could have quit smothering her at any second/moment during those 3 long minutes.  

Chuck Johnson was convicted of 1st degree murder and sentenced to 25 years to life in prison. 

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Some of the items noted in the pre-sentencing report by the probation department concluded that:

•   Johnson is an “exceedingly dangerous individual” and “there is a likelihood that if not imprisoned, the defendant will be a danger to others.”

•  “The crime involved great violence and great bodily harm resulting in death and other acts disclosing a high degree of cruelty, viciousness and callousness.”

•  “The victim was vulnerable,” and Johnson “took advantage of a position of trust and/or confidence to commit the crime.”

•  Johnson had “a prior record of criminal conduct” indicating “increasingly serious criminal conduct.” (See Criminal History Below)

•   Johnson “has not shown remorse” for the killing of young Brittany Lynn.

 

First Parole Hearing - 2009

In 2009, after serving only 16 years of his 25-to-life sentence, Johnson was given a parole hearing where he again changed his story of what happened that day.  He stated that Brittany died when he accidentally hit her head in the doorway and he covered her mouth to keep her quiet.  He said she then “fell asleep.”  This is not consistent with the clear physical evidence showing strangulation and suffocation as the cause of her death. 

Johnson's parole plan (showing where he would live and work if released) stated he planned to move just miles away from Brittany's family.  This was perceived as intentional intimidation, and a threat to the family.  He was unable to list any friends or family as support with the transition into society.  He was denied parole for 7 years, with his next parole hearing in November 2016.

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Documented Criminal History

Prior to murdering Brittany (and unbeknownst to her parents), Johnson had

committed multiple crimes:

According to a Domestic Violence Application and Declaration for Order filed by his wife, Johnson:

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• knocked her down when she was pregnant – just two days before she gave birth to their son – giving her a black eye and a split lip. --

• bit her arm while she was driving and put the car in park making her veer off the road. 

• “lost his temper and choked me.” 

• Her statement concludes with, “I plead with the Court to help me stop this cycle now before my son is next.” (Brittany turned out to be his next victim.)

• His wife withdrew her complaint and failed to press charges against him.  The law at that time required that the battered spouse press charges in order for the police to take action.

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Other crimes/arrests:

•   He was charged with assault with a deadly weapon after hitting his mother-in-law in the head with a phone causing a head injury. (He served only 5 days in jail.)

•   Johnson was charged with child endangerment and was ordered to take parenting classes.

•  At the time of Brittany’s murder, he had a bench warrant for his arrest.

•  He was charged with a variety of other crimes such as check fraud, shoplifting, property damage. 

• He admitted to alcohol and drug abuse.

• He has a sealed juvenile record

•  changed his name when he was 18.

 

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