When 47-year-old Kimberly Faye Johnson broke into her ex-boyfriend’s apartment in July, she told him she could get away with murdering him because she worked in the court system.
Her ex-boyfriend had broken up with her the day before and had threatened to tell her husband about their two-year relationship, York-Poquoson Deputy Commonwealth’s Attorney Donna Maw recounted during Johnson’s hearing Thursday.
Johnson appeared at the ex-boyfriend’s apartment at the Townhomes at Meadowlake Farms off Hampton Highway a little before midnight July 14, armed with a gun given to her by friend after telling him she had a stalker and needed the gun “for safety reasons,” the friend testified.
Her ex-boyfriend’s roommate told police Johnson pushed past her when she answered the door and went upstairs to her ex-boyfriend’s room where he was asleep, Maw said.
Johnson turned on the bathroom light and pushed the gun into her ex-boyfriend’s mouth, Maw said.
“Yes, it’s got a clip in it,” Maw said the roommate recalled Johnson screaming.
Maw said Johnson threatened to kill her ex-boyfriend, saying she could “get away with it” because she knew judges, police and others in the court system.
Johnson said she would kill him if he told anyone what had happened, and that she would come back with a shotgun, Maw recounted. The man who lent Johnson the handgun later realized he was missing a shotgun.
Maw said a York-Poquoson Sheriff’s Office deputy had to patrol outside the apartment at Meadowlakes Farm all night while a search for Johnson ensued.
Johnson turned herself in the next day after returning the hangun to her friend, who threw it into the James River, Maw said. The shotgun was returned to him while Johnson was incarcerated, Maw said.
At her hearing Thursday, Johnson entered a plea agreement that amended the armed burglary charge to statutory burglary. Maw said the agreement was made with respect to the victim, who “was afraid for himself, but wanted the least consequences that could keep him safe.”
Johnson was sentenced to one year in jail in July for the incident after pleading guilty to simple assault, a charge that was amended from a brandishing a firearm charge.
Maw acknowledged that after undergoing a mental health evaluation, it was determined Johnson had experienced some childhood trauma.
York County Poquoson Circuit Court Judge Richard AtLee Jr. agreed to withhold finding Johnson guilty and defer her sentence. Johnson is on probation for two years and must return to York-Poquoson Circuit Court Nov. 8, 2016, where a judge may withdraw the plea and dismiss the case.
If Johnson violates the terms of her probation, which include having no contact with her ex-boyfriend, she will be sentenced to 20 years in prison, with all but three years suspended.
“I really don’t care what your relationship with [your ex-boyfriend] was in the past,” AtLee said, stressing she stay away from him.
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