Eric County DA To Murder Defendant: Sorry. No Hard Feelings?

It was the worst carnage in Buffalo in three decades, which means that they had to arrest somebody pronto.  Four dead outside the City Grill. Four wounded, including a guy celebrating his wedding anniversary. Oh boy, somebody has to pay.  Why not Keith Johnson?  After all, he was just released on parole.  He’s perfect.

Except it wasn’t him.

A parolee released from prison just two and a half weeks ago was arrested Saturday in connection with the worst carnage the City of Buffalo has experienced in at least three decades.

But before the day ended, law enforcement officials said they think they got the wrong man.

“We are having serious second thoughts,” said Erie County District Attorney Frank A. Sedita III. “I have serious reservations about whether we have the right guy here.”

Sedita is going to court this morning to dismiss the charges against Johnson.

The extraordinary move by law enforcement to change course after a murder arrest occurred after reviewing video and photos from the scene, and interviews with additional witnesses, Sedita said.

“I looked at the evidence, along with four or five detectives, and the commissioner is here as well. There are certain discrepancies of people and clothing.”

Dang.  Here we have a perfectly good defendant and now we have to let him go because the video shows he’s the wrong guy.  Well, this is certainly embarrassing.


(Keith Johnson arrested by SWAT Team: “One of these guys is not like the other…”)

On the one hand, it’s awfully thoughtful of Sedita to dismiss the charges against Johnson, him being the wrong guy and all.  They certainly could have deep-sixed the video and prayed that there were no other videos that came out and made them look like liars and idiots.

On the other hand, had there not been videos that conflicted with the “capture by SWAT team” of an innocent man, Keith Johnson would have been prosecuted as the worst mass murderer in Buffalo in decades.   And believe me, his release on parole would have been trotted out every time his name was mentioned.  Urrggg.  Evil parolee.

Media reports that I’ve seen provide no information on why Keith Johnson was arrested as the murderer, other than to note that he’s a parolee.  Perhaps there’s a sound reason for his arrest.  Perhaps they needed a warm body to blame and he was available.  In either event, wouldn’t it seem reasonable for the police to have taken a look at the video before sending in the SWAT team? 

You know, first figure out who did it before arresting someone?

When Erie County District Attorney Sedita has the murder charges against Keith Johnson dismissed this morning, what will he say to him?  My guess is nothing, but if he does, it will likely be closer to “stay out of trouble” than “sorry for having you falsely arrested.”  Getting it wrong is just the price of living in a free society. 


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16 thoughts on “Eric County DA To Murder Defendant: Sorry. No Hard Feelings?

  1. Henry Berry

    Preemptive arrest–apparently Johnson was seen as a weapon of mass destruction.

    The two basic–and probably forever unanswered questions–are: (1) why was he arrested in the first place (as brought up in this post); my guess for the answer is something like “existing while black”); and (2) why DIDN’T the authorities destroy the video; my guess for the answer to this is that there were too many who had seen it making destruction or deliberate distortion problematic; I doubt it had anything to do with conscience.

  2. Kathleen Casey

    From the Buffalo News: Charges against Johnson dismissed.

    They arrested him on the basis of an ID and statement by “a witness.” A solid investigation:

    Sedita told the judge Johnson fit the description a witness gave police of the shooter, in terms of race, age and build.

    A witness also gave other information about the shooter to investigators, saying his first name was Keith and he was recently on parole, Sedita said.

    Police picked him up after running that information through a computer database, which generated a photo array of potential suspects.

    In addition, once Johnson was picked up, he gave statements to police that were “inconsistent” and made it appear that he knew much more about the situation than he had revealed to investigators, Sedita said.

  3. SHG

    Which one were you looking at?  I didn’t caption the photo to state whether Johnson was the fellow on the right or left.

  4. Kathleen Casey

    You’re welcome. Naturally I think it’s fascinating.

    It’s in the Grey Lady too, an AP byline including comments by the police cmr. who seems not to be able to let go.

  5. SHG

    No, he’s not letting go easily:

    Even after the charges were dropped Sunday, police Commissioner Daniel Derenda stood by Johnson’s arrest.

    People who had been at the party identified Johnson by name, one witness picked him out of a photo lineup, Johnson gave inconsistent statements and a search of his home yielded clothing with blood on it, Derenda said. The blood hasn’t yet been tested, police said.

    ”We acted on what we had. If we had the same information today and were given the same scenario we would have had the same result,” Derenda said. ”We acted quickly to rectify a situation where we were wrong and we turned it around as quickly as possible.”

    And this line is a bit of curiosity:

    Johnson was assigned an attorney after the charges were dismissed.

    Very thoughtful of them, though afterward isn’t nearly as helpful as before.

  6. Kathleen Casey

    I saw that and wondered if the curiousity were a misprint. An ok judge too from my limited experience and what I hear.

  7. Jdog

    The guy on the left was the one who looked guilty; the guy in the right looks innocent, as do all people in Imperial helmets. They look extra innocent when they’re wearing executi — err, tactical balacavas. Sheesh.

  8. Jeff Gamso

    Reports say that even though the charges were dismissed, Johnson is still in the lockup because he violated (I notice they don’t say “allegedly violated”) parole by going to a bar.

    So maybe it’s appointed counsel for the PV?

  9. SHG

    That makes sense.  Parole violations are very serious.  Murder charges are serious too (depending on one’s perspective).

  10. SHG

    Black tactical clothing is considered quite fashionable in some neighborhoods, especially when properly accessorised.

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