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State v. Johns12/5/2000
of Stewart's death. The lab could not confirm that the shells were used in the same gun. But, the lab did identify certain class characteristics of the casings that were consistent with the shells found at the murder scene.
Johns evaded capture for the next six months. During this time, Johns was implicated in two murders and several robberies. On February 7, 1997, Ron Wilson returned to his home to find Johns standing on the front porch with a shotgun that he had just stolen from inside. After firing once into the ceiling and once at Wilson, Johns fled with Wilson's car, two guns, a hunting knife, and a watch. On February 26, 1997, Johns forcibly entered the home of Bud and Melinda Veverka and held the couple at gunpoint while he warmed himself by the stove. This robbery proved largely unsuccessful, as Johns was only able to steal two dollars, a wallet, and some juice. Though no one was injured in these robberies, Johns' next victims were less fortunate.
On February 28, 1997, police found Leonard Voyles lying dead in his Camden County home. He died of a single .22 caliber gunshot wound to the head. An inventory of the home revealed that Voyles' Ford Ranger truck and his .22 caliber rifle were missing. The subsequent police investigation uncovered a shoe print on the property that identically matched Johns' right boot. In addition, law enforcement officers recovered Johns' fingerprints from Voyles' stolen truck, which was found on March 8, 1997. Three miles away, police also found the dead body of Wilma Bragg on March 9, 1997. The investigation revealed that Bragg's assailant shot her two times in the back of the head while she lay face down on her bed with her hands tied behind her back. DNA testing of a cigarette butt implicated Johns in the murder and impression analysis confirmed that the rifle stolen from Voyles' home was subsequently used to kill Bragg. Johns left with Bragg's 1991 Toyota, which was later recovered with the rifle still inside.
During the following weeks, Johns and his girlfriend, Beverly Guehrer, burglarized four additional homes. At each home, Johns left fingerprints or took property that was later found in his possession.
On April 7, 1997, the crime spree came to an end when officers of the Missouri Water Patrol encountered Johns in a cabin while searching Cole Camp Creek in Benton County. As the officers approached the cabin, Johns threw open the door and emerged with Guehrer held in front of him as a human shield. With one arm around Guehrer's neck and the other aiming a rifle at her head, Johns said, "I've got a hostage. I'll shoot her." As Johns made a sudden movement to escape, Officer Eric Gottman shot him in the abdomen and placed him under arrest.
Johns was taken to Bothwell Hospital in Sedalia. On April 9, 1997, Deputy Robin Peppinger of the Pulaski County Sheriff's Department received permission from the medical staff to conduct an interview. Deputy Peppinger informed Johns of his Miranda rights, and Johns confessed that on October 1, 1996, he was with Tedder when a vehicular chase and confrontation occurred on Highway KK. He claimed that Stewart smashed the glass out of Tedder's car and assaulted her. Johns also claimed that he tried to intervene, but Stewart knocked him to the ground. Johns alleged that Stewart reached into his pocket, which prompted Johns to shoot him once in self-defense. Officer Peppinger made an audiotape of the interview.
The State charged Johns with murder in the first degree and armed criminal action on May 22, 1997. In July, Johns informed Deputy John Ward of the Pulaski County Sheriff's Department that he wished to speak to him. Ward again informed Johns of his Miranda rights and
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