Schoolyard killer gets four years
Posted on Friday, September 5, 2008
FAYETTEVILLE — Jonesboro school gunman Mitchell Scott Johnson was sentenced Thursday to four years in federal prison for simultaneous possession of guns and drugs.
The sentence reflects a victory for the U. S. attorney’s office, which argued Johnson, who was arrested in January 2007 for having marijuana and a loaded 9 mm in his van, should be given a tougher sentence because of his criminal history and because he committed a felony within two years of his release from federal custody.
Johnson was 13 in 1998 when he and Andrew Golden, then 11, killed a teacher and four pupils at Westside Middle School near Jonesboro. That August, Johnson, then 14, and Golden, then 12, were convicted of five counts of capital murder in Craighead County. Johnson was released from prison Aug. 11, 2005.
At the time of the school shooting, state law did not allow for minors to be charged as adults, said Assistant U. S. Attorney Candace Taylor, who argued for the stricter sentence. Had that been the case, Johnson would not be in court on these charges, she said.
Taylor said federal sentencing guidelines don’t adequately account for Johnson’s criminal history.
“No one else walks the streets after having committed and being convicted of capital murder,” Taylor said.
Taylor also introduced Johnson’s arrest in February on drug possession and theft by receiving charges, while he was out on bond awaiting federal sentencing. After his arrest, his bond was revoked. Johnson was arrested in Bentonville on charges of possession of marijuana and using someone else’s credit card. In addition to those charges, Prosecuting Attorney Van Stone of Benton County expects to pursue identity-theft charges against Johnson. Public defender Jack Schisler argued that Johnson should not face more time than what was called for by the guidelines. Johnson’s actions in 1998 were punished as severely as the law allowed, Schisler said.
“It appears they think he didn’t get enough time when he was 13 and that now is the time to make up for that and give him more time,” Schisler said.
Schisler said he thought a sentence between 18 and 24 months, which is called for, was fitting.
Johnson sat next to Schisler with hands clasped, rocking his chair waiting to hear his fate. Before being sentenced, Johnson was given a chance to speak by U. S. District Court Judge Jimm L. Hendren.
Johnson spoke of his regret, wiping tears from his eyes. He said he has spoken with some of his victims from the Jonesboro shooting and some of their family members.
Some have forgiven him, others not. Johnson said he respects both choices.
“My thoughts and prayers are with the victims every day,” Johnson said.
Hendren told Johnson that regardless of what sentence he was given, he had something those he shot never will — “a life to live.”
The four years in prison will be followed by three years of supervised probation, Hendren said. He cautioned Johnson to walk the straight and narrow.
“Mr. Johnson, because of your situation you shouldn’t even get a speeding ticket,” Hendren said.
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