Pocono News Section

Murder or Military Style Self Defense?

Murder or Military Style Self Defense? - Wednesday, May 6, 2009 at 4:29PM EST

Murder or Military Style Self Defense? Reported by: Laurie Monteforte
Wednesday, May 6, 2009 @ 04:29pm EST
STROUD TOWNSHIP, MONROE COUNTY - A Pocono jury will have to make a decision about a murder. Was it a cold blooded attack or was it simply self defense?

Tuesday afternoon a judge ruled there is enough evidence to send Jerel Johnson to trial on homicide charges. Police say the East Stroudsburg man shot Mingo Lee to death at a family barbecue about two weeks ago. This isn't the first time the family has been in court because of a murder.

Johnson only said "no comment" as reporters peppered him with questions on the way into his preliminary hearing in Stroud Township. He and his family may be tired of talking about murder. They have honored a victim, now they're supporting an accused killer.

Monroe County Assistant District Attorney Donald Leeth said, "You don't want to see anybody go through this once, especially twice."

Valerie Rose is Johnson's mother. In 2007 someone murdered her fiance, Barry Rose. Last month a jury convicted the killer. Two days after the conviction Johnson hosted a family barbecue. Police say he and a guest named Mingo Lee got into an fight about something related to the murder trial.

According to arrest papers, Johnson ran upstairs to get a shotgun but couldn't find it so he grabbed a pistol and headed back downstairs. "That's a great indication of pre meditated murder," said Leeth.

Police say Johnson then shot Lee 14 times. The 51 year old died. Johnson's attorney Jim Swetz said his client isn't guilty of murder because he was protecting himself. He claims Lee hit him first. Swetz also said Johnson is a former military police officer who served in Iraq and used that training to protect himself. Swetz explained, "When you're in the presence of a threat and the law gives you a right in your own home to use self defense, I'm more than happy to argue that before Mr. Johnson's peers."

Leeth disagreed. He said, "This isn't the case where it's an intruder in your home and you're in fear of death or serious bodily injury. It's a friend of the family that you invited into the home that you got into an argument with and that you've shot 14 times."

It will be up to a jury to decide who to believe. A trial date for Johnson has not yet been set. Because the charges are so serious he will not be allowed to post bail.