Prosecuting Attorney Dwight Scroggins says back-to-back life prison terms is an appropriate sentence for a 16-year-old convicted of murder, given the circumstances of the case.
Joseph Johnson was sentenced Wednesday after pleading guilty to two counts of Murder in the Second Degree. He was 16 when he killed his grandparents, Beverly and james Johnson, in their home on Hurlingen Road southeast of St Joseph last July.
In an interview, Prosecutor Scroggins said the victims gave the defendant every benefit they could, taking them into their home when he was just six years old and later adopting him as their own son.
“…and in the end the response from him for all of that was he shot both of them in the head and killed them as they were sitting in their living room watching television,” Scroggins said.
“So, if the question is in this instance do I think a life sentence is appropriate for the court to consider, even in a 16-year-old’s case, the answer would be yes, I do under these circumstances.”
Under state law, second-degree murder carries a mandatory sentence, that is 85% of the sentence ordered by the judge. For the purpose of life sentences, the state calculates 85% or 30 years, or 25.5 years. Judge Patrick Robb ordered the two sentences to be served consecutively. Scroggins says given the life expectancy of prison inmates, Johnson will likely serve the rest of his life behind bars. He will not be eligible for parole for 51 years.
“Twenty five and a half years on each count, prior to becoming eligible for parole consideration that would involve him being released,” Scroggins said. “That doesn’t mean he gets parole at 51 years, but he becomes eligible to be considered for release after 51 years.”
Scroggins tells us the Parole Board often grants parole on the first count of multiple consecutive sentences at the first opportunity, in this case after 25 years and six months. The convict does not begin serving the second sentence until parole is granted on the first.
Scroggins says that’s more for “bookkeeping purposes” than anything else. But he said staunch opposition at the parole hearing could prompt the Parole Board to reject such a move. In any event, Johnson will not be considered for released until he’s eligible for parole on the second consecutive sentence.
At age 16, Johnson is clearly at risk of abuse from older convicts within the Missouri Department of Corrections. During the early years of his incarceration, the DOC places younger inmates in separate areas of state prisons, among other inmates of similar age. But eventually, Johnson will be moved to the general population.