STATE OF NEW JERSEY VS. DWAYNE S. JOHNSON(13-07-1643, ESSEX COUNTY AND STATEWIDE), A-2758-14T3

Background

Defendant Dwayne S. Johnson was indicted for first‑degree murder, first‑degree robbery (later reduced at trial to third‑degree theft-from-a-person), and felony murder after Terrance Everett died following a street assault captured on a 73‑second cell‑phone video.
Eyewitnesses and security footage placed Everett alive and walking before the altercation; the cell‑phone video shows defendant repeatedly kicking and stomping Everett's head while Everett lay face‑down and motionless.
Forensic pathologist Dr. Leanne Cronin testified that blunt‑force trauma to the head caused a fatal concussion and that the video and postmortem findings supported that Everett was alive during the beating.
Defense expert Dr. Zhongxue Hua disputed that blunt‑force trauma caused the death and suggested cardiac arrest from acute PCP intoxication and severe heart disease could have been causal; neuropathology report by Dr. Thoma (stipulated) found no gross brain pathology.
Trial court admitted the video (muted), denied motions to dismiss the indictment and for acquittal, instructed the jury on circumstantial evidence, and sentenced defendant to 50 years (with NERA 85% parole ineligibility) on murder plus a consecutive 4‑year term on theft.
On appeal, defendant challenged (1) admission of the video (relevance/prejudice), (2) sufficiency of proof of cause of death, (3) grand jury indictment dismissal for alleged withheld exculpatory evidence, (4) circumstantial evidence jury charge, and (5) sentencing (aggravating factor and consecutive sentence); a pro se claim of ineffective assistance was deferred.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument	Held
Admissibility of cell‑phone video (N.J.R.E. 402/403)	Video is probative of defendant's state of mind and of blunt‑force trauma causing death; relevant and not unduly prejudicial	Video irrelevant to cause of death because no credible proof victim was alive during recording; repeated play was unduly prejudicial	Admitted: probative on causation and intent; not so inflammatory to outweigh probative value; muting ordered
Sufficiency of evidence re: cause of death / expert certainty	Dr. Cronin's opinion + eyewitnesses + video permit rational jury to find blunt‑force fatal concussion	Dr. Cronin failed to state opinion "within a reasonable degree of medical certainty"; causation speculative	Denied acquittal: viewing state evidence favorably, a reasonable jury could find guilt beyond reasonable doubt; exact phrase unnecessary
Motion to dismiss indictment for withholding exculpatory evidence (grand jury)	No clearly exculpatory evidence existed then; State had no actual knowledge of claimed exculpatory proof	Prosecutor withheld neuropathology report and evidence of PCP‑induced cardiac arrest, amounting to a "half truth"	Denied: dismissal is draconian; no clearly exculpatory evidence presented to grand jury and no proof State knew of such evidence
Sentencing — aggravating factor (a)(2) and consecutive sentence (Yarbough)	Brutality and victim's incapacity supported aggravating factor; theft and murder were distinct objectives supporting consecutive terms	Aggravating factor improperly applied and double‑counts death; consecutive sentence not justified	Affirmed: competent record supports (a)(2) without impermissible double‑counting; Yarbough factors qualitatively support consecutive sentence

Key Cases Cited

State v. Buckley, 216 N.J. 249 (describing relevance/probative value standard for admissibility)
State v. Reyes, 50 N.J. 454 (standard for reviewing denial of motion for judgment of acquittal)
State v. Kromphold, 162 N.J. 345 (discussion of aggravating factor N.J.S.A. 2C:44‑1(a)(2) and assessment of totality of harm)
State v. Yarbough, 100 N.J. 627 (factors for imposing consecutive versus concurrent sentences)
State v. Fuentes, 217 N.J. 57 (standards for reviewing sentencing for abuse of discretion)
State v. Hogan, 144 N.J. 216 (when prosecutor must present exculpatory evidence to grand jury)