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Johnson found guilty

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DECATUR - Steven D. Johnson faces life in prison without parole, following his conviction Monday for armed robbery and first-degree murder in connection with the April 18 holdup of Soy Capital Bank & Trust Co., 1501 E. Eldorado St.

Jurors deliberated less than one hour Monday, including eating lunch, choosing a foreperson and signing the verdict forms, before returning their guilty verdicts.

The 49-year-old Johnson had been released on three years parole from state prison in August 2006. He was serving a 40-year sentence for a Macon County armed robbery conviction and had been incarcerated since Feb. 2, 1987.

Johnson also was convicted of another armed robbery charge in 1982 in Winnebago County for which he received a nine-year prison term.

Because Johnson earned day-for-day good time, he was released on parole after serving less than half of each of those sentences.

Illinois law provides that anyone convicted of a third Class X felony within 20 years of his first Class X conviction, excluding time spent in prison, is judged to be a habitual criminal and is subject to a mandatory sentence of life in prison without parole, said First Assistant State's Attorney Jay Scott. He prosecuted the case along with Assistant State's Attorney Steve Langhoff.

Associate Judge Timothy Steadman set Johnson's sentencing for May 9.

Scott said the state will file a formal petition asking the court to find Johnson is a habitual criminal and thus subject to the sentence of life without parole.

The felony murder conviction resulted from the death of Johnson's son, Jerrell Chism, 27, as they and a third alleged robber, Cortez Gray, 26, were fleeing from police following the holdup.

Chism had fired four shots from a .45 caliber semiautomatic pistol during the robbery and continued to brandish the weapon at police officers who were chasing him in the 700 block of East Clay Street. When Chism pointed the gun at detective Ron Borowczyk, who was demanding that he put down the weapon and get on the ground, officer Ronald Coventry shot Chism once with a rifle.

Chism stopped breathing at the scene, and efforts to resuscitate him were unsuccessful. An autopsy showed Chism's aorta and a major vein had been severed by the rifle bullet, and he died of massive internal bleeding.

Under state law, anyone who participates in an armed robbery can be charged with first-degree murder if a death occurs during the robbery that was a direct and foreseeable consequence of committing the robbery. The law provides the flight of perpetrators seeking a place of safety following a crime is a part of the crime.

During the trial, Illinois State Police forensic scientists testified that Johnson's fingerprints were found on the black, plastic garbage bag used to take more than $25,000 out of the bank and on a pair of black sunglasses found in the bag.

The man prosecutors contended was Johnson was shown in bank surveillance photos wearing the black sunglasses.

During closing arguments, Scott said the robbers made three big mistakes: not knowing about exploding dye packs banks keep with their cash that rendered their loot useless and stained their hands and clothing, the tenaciousness of a citizen who pursued the fleeing robbers and used a cell phone to keep police abreast of the chase, and the swift response of Decatur police officers who confronted Chism and captured Johnson in the 800 block of East Johns Avenue.

Defense attorney Scott Rueter tried to convince jurors that the state had not proven its case beyond a reasonable doubt because it failed to do DNA testing on red-stained clothing found stuffed under a garbage can behind which Johnson was hiding when found.

Gray has a hearing scheduled April 8 to determine if his case is ready for trial.

Ron Ingram can be reached at ringram@herald-review.com or 421-7973.

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