Lubbock jury sends repeat offender to prison for 85 years

A Lubbock County jury deliberated for less than 15 minutes before returning to the courtroom with an 85-year prison sentence for a 39-year-old repeat offender who they believed unlawfully possessed a firearm that officials believe he used to threaten people in a home three years ago.

Brett Johnson, who has been held at the Lubbock County Detention Center since his July 10, 2021 arrest, will have to serve about 15 years of his sentence before he is eligible for parole.

Johnson's sentence stems from a 3-day trial that began last week in the 140th District Court when he pleaded not guilty to a count of being a felon in possession of a firearm.

The charge is a third-degree felony, which typically carries a punishment of 2-10 years in prison. However, Johnson, who had three prior felony convictions for drug and weapon offenses, faced an enhanced punishment range of 25 years to life in prison.

Johnson's latest charge arose from a Lubbock police investigation into a shots fired call at a home in the 2100 block of 35th Street.

Jurors heard from an employee at BPL Plasma who called 911 saying he heard what he appeared to be gunshots from a nearby home. The witness, who was a former Navy firearms instructor, told jurors he saw someone armed with a blue and silver handgun enter the home before hearing gunshots.

A Lubbock police officer who responded to the scene met with a woman who declined to press charges.

However, about 30-45 minutes after the call, the officer returned to the area for reports of a man threatening people at the home with a gun.

At the scene, the officer, who also handled a police dog, spotted Johnson who began running away, carrying a purse. The officer set the dog after Johnson and he was arrested. A search of the purse yielded a blue and silver .380 caliber handgun.

The officer spoke to the occupants of the home who said Johnson entered the home, assaulted his girlfriend and fired his gun three times before leaving, according to a police report.

The woman told the officer she collected three shell casings from inside the home and threw them on the front lawn, the report stated.

The woman said about a half-hour later she heard a knock on the front door. She said she answered the door, believing it was her husband. However, it turned out to be Johnson, who forced his way in through the door armed with a handgun.

She told the officer that Johnson again assaulted his girlfriend - who was not at the scene when police arrived - and left.

Johnson initially faced additional counts of aggravated assault with a deadly weapon and burglary of a habitation with intent to commit aggravated assault.

However, prosecutors were unable to pursue the aggravated assault and burglary charges against Johnson because the witnesses and victims in that case couldn't be found to testify. Instead, prosecutors pursued the felony weapons charge with an enhanced punishment range.

Johnson's defense attorney told jurors his client went to the residence, which is believed to be a drug house, to take his girlfriend out of it.

However, jurors watched a video of Johnson in the back of the officer's vehicle where he could be heard saying he took the purse found on him as payback.

Jurors deliberated on Tuesday for about an hour and 1/2 before returning to the courtroom with a verdict finding Johnson guilty as charged.

During the punishment phase of the trial, prosecutors presented evidence of Johnson's prior convictions, which included a 60-year sentence in 2009 for possession with intent to deliver 4-200 grams of cocaine, a 2005 guilty plea for possession with intent to deliver 4-200 grams of cocaine, for which he ultimately was sentenced to 4 years in prison after his probation was revoked, and a 2004 conviction for being a felon in possession of a firearm.

Prosecutor Russell Mayne argued to jurors that Johnson's repeated offenses showed he didn't care about the rule of law. He said Johnson's past 60-year sentence, for which he was released on parole, didn't deter him from re-offending. Mayne asked jurors to consider a sentence they believed was enough to deter him from future crimes.

"This jury found (an 85-year sentence) was appropriate and we respect their decision," Mayne said after the trial. "We're grateful for their service and their time."

This article originally appeared on Lubbock Avalanche-Journal: Lubbock jury sends repeat offender to prison for 85 years