Modified: March 2, 2015 3:37pm
Erie County District Attorney Frank A. Sedita, III announces that 23 year- old Timothy Johnson was convicted as charged of Assault in the First Degree and Criminal Possession of a Weapon in the Second Degree after a two week jury trial before Erie County Court Judge Michal L. Pietruszka.
The acts underlying this conviction arose from a shooting on Locust Street in the Fruit Belt neighborhood of Buffalo on August 27, 2013.
Following an altercation three days earlier, Johnson approached the victim in broad daylight and shot him in the chest from point blank range. As Johnson fired, the victim contorted his body, resulting in the bullet passing through him at an angle. The bullet nonetheless passed through the victim’s body twice, tearing muscle and breaking bone. The victim continues to struggle with the injuries he sustained during the shooting.
Johnson ran a few blocks to a house on Grape Street where he was apprehended 12 minutes later, still sweating, by Buffalo Police officers. Officer Brain Connors overheard Johnson brag to his family members, “it was like BOOM and I was out”. After being taken into custody, Johnson was identified as the shooter by multiple witnesses from the neighborhood.
During trial, Johnson claimed that another person, who co-incidentally looked just like him and who co-incidentally was dressed in the same clothing as he wore that day, shot the victim for no apparent reason, and co-incidentally fled in the direction of Johnson’s residence. Johnson also claimed the multiple eyewitnesses were mistaken in their identifications. The jury rejected Johnson’s claims and returned a guilty verdict.
Johnson faces a maximum term of 40 years in state prison when sentenced by Judge Pietruszka on February 9, 2015 at 9:30 a.m.
The case was successfully prosecuted by Assistant District Attorneys Eugene T. Partridge, III and Nathanael C. Kapperman, both of whom are assigned to DA Sedita’s Felony Trial Bureau.