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11/3/1994
Court orders G. J. Johnson testing; lets man who blasted deputy go free, except Nanafalia B.J. Johnson was released by the court, with certain conditions, after being found no longer mentally ill.Johnson was found not guilty by reason of insanity in the murder of his friend Jeffro Compton and in the attempted murder of three others - including two deputies. A fourth charge of attempted murder of his wife was dismissed during the trial.In a hearing Wednesday, Oct. 26, Judge Claud D. Neilson ruled "The court finds that based on the report of Dr. (David) Hodo and the report of Dr. Kathy Ronan that there is no probable cause to believe the defendant is presently mentally ill and poses a real and present threat of substantial harm to himself of others.""I'm going to order his release subject to the conditions set out in the report of Kathy Ronan dated Sept. 15, 1994, specifically the recommendations on through seven contained in page for of that report."It is further ordered The Mr. David Barr Tutt be responsible for the reports required by Dr. Ronan; that is, if his conditions worsen wherein he fails to seek treatment of fails to abstain from alcoholic beverages, that the court should be notified to determine whether or not there should be additional matters set forth for his treatment."According to the report in the court file prepared by Dr. Ronan, certified forensic examiner, she has not examined Johnson since March 1994. The Shootings were March 7, 1993.>From this interview and seeing Johnson "briefly" when she testified at his trial, she determined that "at the present time, Mr. Johnson does not demonstrate a significant mental illness, nor would he be considered a danger to himself or others as long as he abstains from alcohol and ensures proper care of his diabetic condition."As such, it is in my opinion that Mr. Johnson is all likelihood does not meet criteria for commitment to the Department of Mental Health/mental Retardation, nor does he need such a structured level of intervention. The least restrictive placement would be in the community. I recommend that the court consider the following restrictions/requirements for granting a conditional release:(The following are considerations Judge Neilson ordered.""Mr. Johnson would abstain from alcoholic beverages; Mr. Johnson would seek out and attend therapeutic intervention to assist him in abstaining and ensuring that he abstains from alcoholic beverages; Mr. Johnson submit to periodic drug screen for alcohol and other illicit substances; Mr. Johnson seek out and attain proper medical care for his diabetic condition; Mr. Johnson attend periodic reviews by an assigned therapist and/or psychiatrist who can evaluate any possible progression in an organic condition as well as assess and assist Mr. Johnson regarding his emotional condition as it relates to his physical condition; If Mr. Johnson becomes non-compliant with any of the specified treatment above, the court should be immediately notified; Mr. Johnson's legal guardian should apprise treatment staff and/or the judge of any aberrant behaviors observed in Mr. Johnson.Judge Neilson said he added an eight condition - that B.J. Johnson not ever return to Nanafalia.Johnson is 65 years old.
The Democrat-Reporter
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