Defendant takes the stand in city murder trial
Staff photo / Ed Runyan Ashaud Johnson, 19, testified on his own behalf Wednesday during his aggravated murder trial in Trumbull County Common Pleas Court. Closing arguments are planned for this morning before a jury begins deliberating.
WARREN — Ashaud Johnson, 19, testified on his own behalf in his aggravated murder trial on Wednesday that he fired a gun late Feb. 11 out the door of the Packard House apartments on Mahoning Avenue — where he had been living for a month — because he heard a gunshot as he approached the door.
Prosecutors say the gunfire of Johnson and co-defendant Willis Smith IV, 18, killed Da’Mar McKinney, 16, of Youngstown. McKinney was one of several people who came up from Youngstown that night to trade a gun with Johnson and Willis and a juvenile. Willis Smith is indicted on charges of aggravated murder with a gun specification and tampering with evidence and is expected to go on trial later.
Johnson was the last witness in the trial. This morning, closing arguments in the case will be given before Trumbull County Common Pleas Judge Sarah Thomas Kovoor, and then the jury will begin to deliberate.
First to question Johnson was his attorney, Jeff Goodman, who asked Johnson to explain why he was living there. Johnson said it was because the woman on the lease needed help paying the rent.
He said that on Feb, 11, he, Willis Smith and the juvenile left the apartment to meet up with a “Youngstown group” at an apartment complex down Mahoning Avenue “because I was told they wanted to trade firearms.”
Johnson said he did not know any of the Youngstown people who came to Warren that day. The juvenile was in communication with the Youngstown group on his phone. Johnson said he saw police officers in a parking lot nearby and he decided not to meet up with the group, and they went back to the apartment.
There, Johnson said, he overheard the juvenile getting a FaceTime call and believed that the Youngstown group was in the parking lot of the apartment complex, but he did not know why. Johnson said Willis Smith told him to “come to the door with him real quick.”
He did not see anyone when he looked outside, so they went back to the apartment. Later, he and Willis Smith went back to the door. “I thought we were finalizing a deal, and I wanted to get it over with,” Johnson said.
This time Johnson had the gun the Youngstown group wanted to trade, and Willis Smith also had a firearm. Johnson said when he and Willis Smith got to the door, he did not see anyone. “As I was walking up the stairs, I heard gunshots go off. So me being scared, I felt it was necessary to fire my weapon to protect myself and my friend and my home,” Johnson said.
Johnson said he was not aiming at anyone. He and Willis Smith went back to the apartment.
“Were you looking for him to tell you why he started firing?” Goodman asked.
“Yes, sir,” Johnson said.
They remained in the apartment that night. He cut off his dread locks because he feared retaliation and did not want it to be easy for him to be identified, he said. The next morning, the woman who rented the apartment and the juvenile went to leave the apartment and there were police outside. He was taken to the Warren Police Department.
Earlier testimony was that officers went to the four apartments on the lower floor as the one Johnson was in and knocked. They got a response from all of them except the one Johnson was in. They remained outside the apartment throughout the night waiting for the suspects to come out.
At the police station, when detective Nicole Smith asked him for his address, Johnson gave her the address in Southington where he had lived because that is where he receives mail, he said.
PROSECUTION
When it was Trumbull County Assistant Prosecutor Chris Becker’s turn, he asked Johnson if it was true that “your bullet killed Da’Mar McKinney.” Johnson said no.
“You’ve heard all the testimony. You heard an expert witness from BCI that the bullet the coroner removed from him was from your gun, right?”
“Yes, I heard that,” Johnson said.
Becker asked if that was the only evidence presented — that it came from his gun, and Johnson agreed.
“So you’re telling this jury that you acted in self defense, but you didn’t kill anyone?”
After a sidebar conversation between the judge, Becker and Goodman, Becker asked, “You would agree you fired at least 12 rounds from your gun, correct?”
“Yes, sir,” Johnson said.
“And you would agree one of those people was hit and killed, right?”
“Yes, sir,” Johnson said.
Becker asked if it’s true that the woman who rents the apartment has her name on the lease and not his, and Johnson agreed. Johnson said he only lived in the apartment “under a month” and had not changed his mail to that address.
Becker asked if it is correct that about 18 minutes after Johnson, Willis Smith and the juvenile returned to the apartment, the Youngstown group showed up at the apartment, and Johnson agreed. Johnson said he overheard the juvenile getting a FaceTime call that the Youngstown group was outside.
He went up the steps to the door and when Willis Smith stepped outside in front of him, Johnson said he heard “a couple” of gunshots outside.
Becker played surveillance video of the parking lot and one by one asked Johnson who among the Youngstown group was shooting a gun. “Do you see any muzzle flashes, anyone shooting in the air?”
“No sir,” Johnson said.
Becker ran down the list, if any of them appeared to be shooting. Becker asked if it’s true that the only two shots that were fired by the Youngstown group was 11 seconds after Johnson and Willis Smith fired their guns.
“Yes, sir,” Johnson said. Later he said he fired his gun to protect Willis Smith.
Becker asked Johnson if after the gunfire he knew that the police were coming, and he said yes, but he did not know they were in the hallway or knocking on the door.
Becker asked why Johnson didn’t tell the police that he was protecting himself when he fired his gun instead of telling police he did not know what was going on.
Becker asked if Johnson and Willis Smith hid their guns, and Johnson said he had “no recollection” of that. “I just knew they were put up, not by me.”
Johnson said he put his gun on the dresser.
Becker asked if Johnson just starts shooting if he hears gunshots.
“From the reaction of my cousin, I thought he was under fire, so I protected him and myself,” Johnson said.
