By Josh Margolis
HAVRE, Mont. (NMB) – The Montana Supreme Court has ordered a new trial in a 2014 case in which a Hill County man was convicted of negligent homicide.
The State Supreme Court filed the order on Tuesday for a new trial for Shane Clark Johnson, who was convicted of negligent homicide in Hill County District Court in 2014 after allegedly fatally shooting his brother, Travis Johnson, in 2013.
Johnson was initially charged with deliberate homicide, but the negligent homicide charge he was convicted of was added at the end of the jury trial.
The Supreme Court ruled that a, “reversible error,” was committed in the case in Hill County District Court, and vacated the ruling and ordered a new trial.
In a brief filed by the Defense, they argued that the District Court erred by allowing, “the jury unrestricted access to all of the State’s testimonial audio and video exhibits during deliberations,” and by, “allowing the State to add a Negligent Homicide charge at the end of the trial that was not included within the Deliberate Homicide charge for which the State tried the Appellant.”
A notice of concession filing on September 10th, 2020 from Montana Attorney General Tim Fox said after consulting with the Hill County Attorney’s Office, they determined that although they don’t agree with all of Johnson’s claims, they conceded that the District Court committed a, “reversible error when it allowed the jury unrestricted access to the
State’s audio and video exhibits,” adding that Johnson should be granted a new trial.
Johnson’s initial appeal with Hill County District Court in 2016 was denied, leading to him appealing to the Montana Supreme Court.
In the original trial in District Court, Johnson was sentenced to 50 years, 10 suspended on the negligent homicide charge. He was given an additional two years for using a weapon in the offense.
An initial appearance for Johnson in the new trial is scheduled for September 24th before Judge John W. Parker.
Johnson was transfered from Crossroads Correctional Facility in Shelby to the Hill County Detention Center on Wednesday.
This story has been updated with new details
