In Colorado, the legal principle is clear: if a defendant is acquitted of first-degree murder after deliberation, they cannot subsequently be found guilty of felony murder for the same incident. This legal safeguard is designed to prevent dual convictions for a single homicide. However, the case of Juan Johnson starkly contradicts this principle, raising serious questions about the integrity of the justice system.
Meet Juan Johnson
Juan Johnson is not just a name; he is a loving father of seven children—five adults and two teenagers—and a proud grandfather to five grandchildren. In addition to his immediate family, he has four bonus adult children. Tragically, one of his bonus children passed away due to congestive heart failure on November 10, 2023. Juan married his wife, Shanette, on December 20, 2022, and he has been a devoted family man throughout his life.
Beyond his role as a father and husband, Juan has been a pillar in his community. He owned "Off Tha Lot BBQ," a business that fed thousands of people throughout Colorado, and he was employed with Taylor Trucking, where he held various positions in the freight industry. His commitment to his family and community paints a picture of a man who has dedicated his life to supporting others.
The Wrongful Conviction
On July 21, 2009, Juan was arrested for murder, maintaining his innocence throughout the legal proceedings. He pleaded not guilty, and his first trial began on May 6, 2011. However, the jury was deadlocked, leading to a mistrial. The second trial commenced on September 26, 2011, but it was during this trial that numerous significant issues arose, casting doubt on the fairness of the proceedings.
One alarming event occurred during jury selection for the second trial. A memorial service was held on the steps of the Denver Courthouse, attended by then-Denver District Attorney Mitch Morrissey and various advocates. Family members of murder victims delivered emotional speeches calling for justice and urging the public to "put murderers away for life." During lunch, potential jurors were exposed to this emotionally charged ceremony. When Juan requested the dismissal of the entire jury pool due to potential bias, only five jurors were dismissed, despite the potential for prejudice.
Throughout the trial, the prosecution focused heavily on proving that Juan committed murder, while they merely alleged robbery. Notably, their own witness, Jose Rodriguez, testified under oath that "Juan Johnson didn’t rob me." Concerns about juror attentiveness were also raised, as one juror was observed sleeping during the proceedings, yet no corrective action was taken.
On the last day of the trial, Judge Christina Habas read the jury instructions, which included references to simple robbery and felony murder, despite the absence of credible evidence to support the robbery claim. Juan was never charged with robbery or any underlying predicate offense, nor was he given a chance to defend against any underlying offenses.
Ultimately, the jury returned a verdict of "NOT GUILTY OF MURDER IN THE FIRST DEGREE—AFTER DELIBERATION," but shockingly found Juan "GUILTY OF FELONY MURDER." This outcome raises serious questions about the validity of the conviction, as it appears to contradict Colorado law, which prohibits double convictions for the same killing.
A Legal Paradox
According to Colorado law, first-degree murder requires proof beyond a reasonable doubt that the defendant killed someone after deliberation. In contrast, felony murder necessitates that a defendant be found guilty of committing or attempting to commit a felony during which someone else is killed. Given that Juan was acquitted of first-degree murder, it is perplexing that he could be found guilty of felony murder without a predicate offense being established. The mere mention of robbery in jury instructions, without any formal charge, should not have been sufficient grounds for a felony murder conviction.
Juan's constitutional rights, particularly the 5th and 14th Amendments, were grossly violated due to an abuse of discretion by the trial judge and prosecutorial misconduct. After the NOT GUILTY verdict under Colorado law, Juan should have been acquitted of the felony murder charge as well. The Colorado Supreme Court has previously reversed cases with similar circumstances, yet Juan remains incarcerated.
The Ongoing Fight for Justice
Since Juan's wrongful conviction, the Felony Murder Rule has been revised (as of September 2021), now categorizing it as a class two felony. This change underscores the ongoing issues within the legal framework that contributed to Juan's conviction. There have been cases where individuals with all the elements of felony murder have been released, while Juan remains wrongfully convicted and sentenced to life without the possibility of parole.
Where is the justice for Juan Johnson? How much longer must an innocent man wait to be exonerated for a crime he did not commit? How long must his family endure the pain of separation? As we approach the sixteenth anniversary of his wrongful incarceration on July 21, 2025, it is time for the state of Colorado to acknowledge its mistakes and reunite Juan with his family. Enough is enough. The call for justice is clear, and it is time for Juan Johnson to be given the freedom he deserves.
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