06/28/07 - This proceeding, which was originally scheduled for 3:00pm, was to validate that Dan Johnson had waived his right to a Preliminary Hearing. He sheepishly agreed to all the questions posed by the Court Commissioner to the extent that the Commissioner asked if he really understood what he was answering to. I believe his Attorney then commented that Dan may be confused about the bail (it's difficult to hear through the speakers behind the bullet-proof glass). When asked if they were ready to enter a plea, his Attorney responded that they preferred to enter it at a later date. Apparently 13 days is not adequate time to determine your position on a crime you committed, and a person you eradicated from this earth. The next hearing date is scheduled for July 3rd at 10:00am and I will be there.

Seeing the person that killed my brother was a strange event, very un-personal and very scripted. Everything from the jolly pre-hearing official's attitudes to the confused exactness of answers provided by an irresponsible criminal left me little to wonder why our court system has failed to keep a killer off the streets. One cannot help but to fear that yet another injustice may prevail. Let's hope that this lax attitude I witnessed today is only due to the courtroom I spectated.

07/03/07 - Dave and Keri attended. This proceeding involved the plea and a request for modification of bail. It was difficult to witness the person who has caused so much turmoil to so many people, but Keri and I were there to support each other.

The plea was entered as "not guilty". This was the only plea the judge would accept as this case needs to go to trial so that the evidence and details can be disclosed and analyzed.

The modification of bail was denied. The judge was not sympathetic of someone with such a long standing alcohol problem, the recurring drunk driving convictions and his eagerness to flee the scene. He determined that Dan Johnson was a threat to society and saw no responsible reason why he should be released.

08/09/07 - Dave, Keri and Lisa attended. We were expecting a plea at this hearing but Johnson's attorney, Gerald Boyle (best known for defending killer Jeffrey Dahmer), excercised his classic courtroom demeanor. Even though documents had been made available on June 28th, there was something received on August 2nd (a picture I believe) that he hadn't had time to study... plus he apologized for not finding the time to talk with his client... plus something about his daughter was handling it initially and now he's taking over. Take your disorganized pick. Quite a bombarding slew of apologetic blubbery for such a respect-commanding individual.

He insisted that even though he was at fault for not being ready to proceed that Johnson was entitled to meet with him. He reassured the judge that he would meet with Johnson that weekend and they'd have a plea on Monday the 13th (the day before the scheduled jury trial). This was immediately before he eluded to the question of the requirement for two days notice for jail visitation (which the judge would have no knowledge of). Recognizing his theatrics, judge Ramirez immediately reaffirmed that the plea would be made on Monday, or we would be seeing jury trial on Tuesday.

He also stated more than once that this case was not going to trial as there is no defense since Johnson had admitted to everything. Even so, he needed to investigate a questionable surveillance tape and other "mitigating circumstances".

08/13/07 - Dave, Keri and Lisa attended. Friends of Dan Johnson's father also attended. They were very kind and sincere people. It was nice to see them there.

After much questioning by the judge the plea entered was "no contest". Judge Ramirez accepted the plea and found Dan Johnson guilty of the hit and run involving death charge. This charge carries a maximum penalty of $100,000 in fines and 25 years in Prison. The next order of affairs is the pre-sentence report and investigation to determine the punishment for this crime. This is scheduled to be final no later than October 12th. Sentencing will be executed on October 15th. Attending these hearings is heartbreaking, yet necessary. It's somewhat reassuring to know that these proceedings will not be drawn out into a courtroom fiasco.

10/15/07 - The sentence is set at 16 years. 12 years of prison time with 4 years of probation. Judge Ramirez did offer a rehabilitation program after 9 years which, based on current law, he would not qualify for due to the age he will be at that time (47).

We were initially informed that fleeing the scene of a hit and run accident incurred a stiffer penalty than a (fifth) drunk driving involving death. This seemed strange to us at the time and as the sentencing date approached we were surprisingly informed that this was not the case. Had Dan Johnson been caught and tested beyond the legal alcohol limit he would have been facing 25 years in prison and not the lesser potential penalty.

An article that I found at (LINK NO LONGER ACTIVE) reflects on this a bit. We attended court with this new realization and attempted to ready ourselves for more bad news. Our expectations have, once again, been readjusted... but ~nothing~ since Dan's passing stands a chance of being fair.

The people responsible for the presentence recommendation of 5-6 years in prison require some oversight. They are obviously incapable of determining anything near an appropriate punishment for significant criminal action. Yet another pathetic waste of our tax dollars!

We were all invited to add our thoughts to the proceedings, whether it be letters to the judge, or the emotional statements made by my father, Steve and Keri. I have made my letter available here. I commend Judge Ramirez for listening to our letters and statements. He is a judge that truly listens to the victims and weighs his decisions based on family and friend's input. He is not content with stories of little substance and is a person of genuine beliefs. I am satisfied that he was the right person to delegate justice for my brother. It appears from the sentencing that Judge Ramirez was intent on making a statement regarding this case, which was our hope. The summary from Judge Ramirez was extraordinary. He expressed the whole ordeal with great definition and passion.

My family's appreciation goes out to all those who wrote in and his friends who attended the sentencing. It is always a warm feeling to meet Dan's friends and witness their continued support. You've done him proud. He was truly honored to be associated with such fine people!

My hope is that Dan's memory is dignified by what has transpired.