Judge increases sentence in drunk-driving death

The Enterprise of Brockton www.enterprisenews.com Judge increases sentence in drunk-driving death Brian Johns pleaded guilty to motor vehicular homicide, leaving the scene of an accident and operating under the influence for a third offense. By Maureen Boyle ENTERPRISE STAFF WRITER BROCKTON — In the days before Brian Johns was sent to jail for a drunken-driving death, the 37- year-old Abington man spent time at a picnic drink ing. "I wasn't surprised," said Ann Feeney, the mother of Robert McCormick, the man Johns killed. "I never thought he stopped drinking." Johns, a truck driver, pleaded guilty in Brockton Superior Court to motor vehicular homicide, leaving the scene of an accident and operating under the in fluence for a third offense. In court Thursday, he made the admission that he had been drinking dur ing the past weekend. Johns was sentenced to 3 years in jail, a year more than the judge originally planned. Johns will also be on five years probation when he gets out. Judge John P. Connor Jr., who originally planned to sentence Johns to 2 years in jail , said he was in creasing the sentence after hearing additional de tails about the case. Assistant District Attorney Russell Eonas told the judge that Johns had been drinking at a softball game, then at a bar, and had been seen speeding in his Mustang shortly before the victim was struck and killed on July 9, 2006. Johns struck the 38-year-old Rockland father of two, who was riding his bike along the shoulder of the road, and then drove off, Eonas said. One of Mc Cormick's limbs was severed in the impact, he said. Johns was tracked down by police the next day and, after an interview, was arrested. He admitted to police that he knew he hit some one, but panicked and left the scene, Eonas said. His car had front-end damage, and the windshield was damaged. Johns was initially charged with motor vehicle homicide, leaving a crash scene after causing serious injury and driving to endanger. He was later indicted on charges of motor vehicu lar homicide while operating under the influence of alcohol, leaving the scene of personal injury and death and operating under the influence for a third offense. The drunken-driving charges followed an investi gation by Abington Detective Richard Gambino and Trooper John Kiely. Eonas told the judge that investigators learned Johns bought two 20-packs of beer and took them to a softball game, where an off-duty trooper saw him sit ting in a lawn chair drinking. Johns also admitted to drinking beer at a Braintree bar later in the evening. Connor said the additional details of the case led him to increase the jail sentence. "I did not realize the callousness at the scene ... es pecially the callousness and disregard of Mr. Mc Cormick at the scene," Connor said. Johns' attorney, Michael Harrington, apologized to the victim's family on behalf of his client. "My client is deeply sorry from the bottom of his heart," Harrington said, turning to McCormick's family in the courtroom. Feeney said after the sentencing that she hoped Johns meant that, but she wasn't sure. She said she also wondered whether Johns contin ued to drink and drive after her son was killed. Johns, a truck driver, kept his driver's license af ter his arrest and indictment. The license was finally pulled Tuesday by the state Registry of Motor Vehi cles after The Enterprise inquired about his driving record. As part of the sentencing Thursday, Johns was asked by the judge where he had last been drinking, referring to the night McCormick was killed. But Johns apparently misunderstood the ques tion. His answer: Saturday, at a picnic. Maureen Boyle can be reached at mboyle@enterprise news.com.

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YouTube | September 21, 2007

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