Jury finds Soap Lake woman guilty of shooting husband in 2014

EPHRATA — A Grant County jury found a Soap Lake woman guilty of shooting her husband in the stomach in 2014.

Josephine Johnson, 78, of Soap Lake, was charged with first-degree assault in the crime. Johnson had a firearm at the time of the assault, she was a member of the same family and/or household of the victim and she used force or means likely to result in the death of the victim.

After the guilty verdict was returned, the defense and prosecution presented arguments on whether or not Johnson should be free until her sentencing hearing, or be detained at the Grant County Jail until the hearing. Johnson’s defense attorney, David Bustamante, argued for his client to remain free on signature bond until the sentencing, with conditions to be set in place that stipulate she is not allowed to be near the victim’s home in Soap Lake and must reside in the Moses Lake area with her son.

Bustamante noted that Johnson showed up to all of her previous scheduled court appearances, maintained a respectful demeanor during court proceedings, and obeyed a court order to not contact the victim.

“My client also has no prior criminal convictions of any kind, whether they be misdemeanor or felony that I am aware of. Certainly there are no violent crimes of any type,” Bustamante told the court. “Also, there are compelling medical reasons why she should not be in jail at this point.”

Bustamante explained that Johnson has been coming to court with a prescribed oxygen tank for medical issues related to vertigo and she is also on other medications for various ailments. The attorney stated Johnson is not likely to flee and she does not pose a danger to the victim or the public at large.

Deputy Prosecutor Ed Owens said jail staff is capable of handling Johnson’s various medical issues and can provide her ample medical care while she is at the jail. Owens reminded the jury how the victim could have died from the gunshot wound he sustained and the incident could have been a murder case.

He explained how the first-degree assault charge could carry a 13-year prison sentence, according to the state’s calculations, which, given Johnson’s age, could result in a de-facto life sentence. Grant County Prosecuting Attorney Garth Dano told the court a medical report from October 2010 stated Johnson had suicidal thoughts and she was referred to Grant County Mental Health for treatment, but he said he couldn’t confirm if the reported thoughts were ongoing, or if she still suffers from them.

Grant County Judge John Antosz sided with Bustamante and let Johnson remain free on signature bond, stating he believes that with her various medical conditions she is not likely to flee.

“As far as her medical situation the court finds that these issues can be addressed by the jail. However, these medical issues also would relate to whether she is likely to flee or likely to impose a danger to the safety of any other person in the community,” Antosz said. “This is a serious offense, it’s a violent offense. But I find by clear and convincing evidence that she is not a danger to the safety of any other person or the community based upon the evidence that I have in front of me.”

Johnson’s conviction stems from an incident on Dec. 23, 2014, when deputies with the Grant County Sheriff’s Office responded to the 18300 block of Division .5 Road Northeast in rural Soap Lake, after Johnson contacted MACC Dispatch stating she had shot her 78-year-old husband.

While the victim was being treated by emergency responders he explained how he walked into the living room at his home and his wife walked up to him holding a .38 revolver. When he asked her what she was doing, Johnson stated “I have to do this” and shot him once in the abdomen.

Johnson later told deputies that she was having issues with her husband and admitted to grabbing the revolver and pointing it at him. She said when her husband asked her what she was doing, she told him she was tired of how he treated her.

“Josephine stated they spoke for only a few minutes when (the victim) took a step towards (her) and swung at the gun knocking it downwards causing the gun to go off,” wrote a detective. “Josephine told us she didn’t want to shoot (the victim) and that if he wouldn’t have swung at it; it wouldn’t have gone off.”

Richard Byrd can be reached via email at city@columbiabasinherald.com.