Court rules that ex-soldier in police shootout not criminally responsible
ST CATHERINE, Jamaica – An ex-soldier, who reportedly engaged the police in a shootout in Portmore, St Catherine in 2021, was found not criminally responsible for his actions because of his mental condition at the time.
The decision was made following a trial in the Home Circuit Court yesterday. The defendant, Dane Johnson, was represented by attorneys-at-law Peter Champagnie (KC) and Samoi Campbell.
The allegations, which were not challenged by the defence, were that a neighbour called the police and reported that Johnson, who was reportedly mentally ill, was firing shots at him.
The police subsequently went to the house and came under heavy gunfire. One police officer was injured in the exchange. Johnson also sustained injuries in the incident.
The Special Weapons and Tactical Unit had to be called in for support. Johnson was subsequently charged with shooting with intent, wounding with intent, illegal possession of a firearm and illegal possession of ammunition.
At the trial, the defence led evidence from five psychologists that at the time of the incident Johnson was suffering from schizophrenia that caused hallucinations and delusions not in line with reality.
Johnson was diagnosed with the condition in 2017. 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.
One of the police officers in the shootout said that when he called out to Johnson to cease firing, the accused responded by signing a gospel song that was not known to him.
Champagnie and Campbell argued that based on Johnson’s mental condition at the time, a special verdict should be entered, which would mean he is not by law responsible for the offences.
The trial judge, Justice Ann Marie Grainger, after hearing all the evidence, entered the special verdict on all counts.