Double life sentence in killing
Back in December, I wrote about how Adrian McFadden pointed a six-shot revolver at Avon Ball Jr. and threatened to kill him. Ball's foster brother, George T. Johnson, pleaded for the gunman to shoot him instead.
The gunman complied.
In fact, the gunman shot both, fatally wounding Johnson and wounding McFadden, injuring him severely enough that his speech is permanently impaired. The killing was one of the most callous I'd encountered. After shooting them both on Payson Street in West Baltimore, McFadden walked up to Johnson and said, "Is he dead yet?" before walking back the other way, polishing his gun with his T-shirt.
On Tuesday, Circuit Judge Charles Bernstein sentenced McFadden to double-life plus 175 years in prison and a co-defendant, Anthony Davante Miles, to 65 years on an assault charge. Hefty sentences in any city, but this wasn't an ordinary crime.
Both victims got immersed in a dispute not of their making. They had driven onto a street blocked off for a vigil for a youngster killed in an earlier accident. The gunmen accused the victims of reckless driving and hunted them down, even as the two men tried to get away.
In the final confrontation, prosecutors said Johnson told the gunman, "Don't shoot him, shoot me."
The judge said the victims deserved a Medal of Honor for the way they acted and he admonished a witness who he said lied. According to prosecutors, Judge Bernstein "believes the State's Attorney's Office should use all the tools in our toolbox with respect to witnesses who lie and that HE FOUND as a matter of FACT and BEYOND a reasonable doubt that [the witness] committed perjury and that Coppin State should be notified of this student's testimony; She testified that she was pursuing nursing and that the State Nursing Licensing Board should be notified of the fact that she committed perjury, and that further if she receives any assistance interms of school loans they too should be notified."
Here is the news release from the Baltimore State's Attorney's Office:
MEDIA ADVISORY
ADRIAN MCFADDEN SENTENCED TO DOUBLE LIFE PLUS 175 YEARS WITHOUT PAROLE FOR MURDER OF GEORGE JOHNSON
CO-DEFENDANT ANTHONY D. MILES SENTENCED TO 65 YEARS
MCFADDEN KILLED DRIVER OF CAR OVER PETTY
TRAFFIC DISPUTE
Judge Bernstein Comments on Witness Testimony
Praises Heroic Acts of Brothers
Baltimore, MD – March 24, 2009 – Judge Charles G. Bernstein sentenced Adrian McFadden, 31, of the 700 block of N. Payson St. to a double life sentence plus 175 years without parole yesterday after he was found guilty of first-degree murder, attempted first-degree murder, attempted armed carjacking and multiple handgun and assault charges November 7, 2008. The jury deliberated just over five hours in November 2008 before finding McFadden guilty of murdering George Johnson following a petty traffic dispute that escalated on a summer day in 2007.
The jury acquitted co-defendant Anthony Davate Miles, 25, of the 400 block of Mt. Holley St. of murder, but found him guilty of multiple assault charges. The jury convicted both defendants of attempted armed carjacking charges in the 700 block of N. Payson St. The attempted carjacking followed a traffic dispute that led to the murder of George Johnson, the attempted murder of Avon Ball, and the shooting of an innocent bystander on July 6, 2007.
On July 6, 2007 George Johnson and Avon Ball, foster brothers who did not know the defendants, were traveling in the 700 block of N. Payson St. to retrieve clothing items in a house in that same block, when they were forced to turn their vehicle around due to a memorial block party for a young child who was fatally injured by a vehicle days earlier. Although they turned the vehicle around without incident, McFadden and Miles followed the vehicle’s occupants and walked up the street to confront Avon Ball and George Johnson, the driver. Avon Ball’s infant son was a passenger in the car.
Testimony at the trial showed that the accusations by McFadden and Miles escalated, as they demanded the car with the child. Ball testified in the three-week trial that as he pleaded for his life, his foster brother, George Johnson said, “shoot me”, at which point McFadden shot Johnson four times as he ran up Payson St. and then pointed the gun at Ball, shooting him. Ball suffered life-threatening injuries and has had major reconstruction surgery. Testimony also revealed that McFadden shot an innocent bystander, a 17-year old girl and family friend, as he chased his victims. Trial testimony also showed that after McFadden shot the victims he walked over to Johnson and asked, “Is he dead yet?” and walked down the street polishing his gun with his T-shirt. The State also presented evidence and testimony that McFadden attempted to thwart the testimony of a State’s witness by sending a girlfriend to visit the mother of the witness to convince her to have the witness change her testimony.
The jury deliberated about five hours after the State presented nearly a dozen witnesses in a trial that lasted three weeks before the Honorable Charles Bernstein.
During sentencing proceedings yesterday, Judge Bernstein admonished a defense witness who testified on behalf of the defendant. He noted and advised the State’s Attorney’s Office to use more “tools in their toolbox” to pursue perjury charges against witnesses who fail to testify truthfully. He doubted the truthfulness of her testimony saying that he found as a matter of fact, and beyond a reasonable doubt, that she lied on the witness stand and that college officials and the a professional licensing board should be notified as she continues to pursue a nursing degree.
Judge Bernstein also praised the bond of love between brothers Avon Ball and George Johnson, and said that it was similar to the US Marine Bond and worthy of commendation.
Assistant State’s Attorney Theresa Shaffer of the Homicide Division prosecuted this case.
Comments
I agree that the Judge and every officer of the court should consider the witness's perjury very seriously, but we should get a little more creative in punishing her. Taking away one of the ways in which she has chosen to better herself, her pursuit of a nursing degree, is not going to leave anyone better off.
Posted by: brian | March 25, 2009 11:22 AM
all that talk about them haveing kids my lil cuzin never got the chance to have any .they still got there family .they can go and see them and talk to them and write them. what we got is a memory i think she should do jail time with her man for trying to get a murder off
Posted by: jeannie | April 1, 2009 8:51 PM
I was a juror on this case. It was a sad and horrific case. The people I felt most bad for were the children of all parties involved. 4 fathers were lost that day. 1 will be in jail for the rest of his life, 1 willbe in jail for a long time, 1 is dead, and the other has had life changing injuries. I agree that the witness the judge is speaking of did perjur herself. I would definitely not want her to be my nurse. Brian, I understand what you are saying but I sat in this courtroom with her and watched her reactions to the questioning. No matter what profession she chooses to better herself with is totally up to her, but when the chosen profession has a high level of integrity needed she is not the one I would choose. I have a right to know that someone who may have to save my life one day is looking out for my best interest, not someone who is willing to lie to protect her child's father in a murder trial. How do you know that if you were the gunshot victim that she would save you rather than to let you die so you can't put a finger at someone close to her?
Posted by: Anonymous | April 6, 2009 1:07 PM