People v. Flemmings CA3

I. BACKGROUND

We take the facts from the unpublished opinion we issued in 2003 affirming defendant’s convictions for murder and attempted murder in Flemmings, supra. In 1997, Ernest Johnson went to a home, known for drug sales, to pick up a friend’s dog. Andrew McKissack told Johnson the dog was in the backyard. Defendant, Joe Barnes, and Demiantra Clay were also in the house, near the kitchen. As Johnson walked through the house, Barnes grabbed Johnson, put him in a chokehold and held a gun to his head. Johnson heard defendant and Clay ask where the “dope and money” was. Clay was also holding a gun. Defendant left the area briefly and Johnson heard a shot. When defendant returned to the kitchen area, he also had a gun. McKissack was sitting on the floor and Clay asked, “Are you all about ready to do this?” Johnson heard another shot and saw McKissack fall over. Johnson did not see who had shot McKissack. Johnson was able to flee and Clay chased him. As Johnson was running away from Clay, he heard a voice behind him shouting to shoot him. He was then shot three times. Johnson sustained gunshot wounds to his back and abdomen. McKissack died of a gunshot to the head. Another…