United States v. Earnest Johnson
707 F. App'x 399
7th Cir.2017Background
- Earnest D. Johnson was convicted in 2003 of bank robbery and a §924(c) firearm offense; sentence: 13.5 years imprisonment and 5 years supervised release.
- After release, Johnson violated supervised release for cocaine use; release was revoked and he served 90 days plus 90 days of supervised release, beginning April 21, 2017.
- Hours after starting that supervised release term, Johnson went to his mother Sheila Young’s house, banged on the door, and made explicit violent threats while Young recorded video through the door’s window.
- The recorded threats included: “I’ll break [your] fuckin’ neck” and references to burning the house or blowing it up; Young testified she feared for her life and called 911.
- The district court found Johnson committed the Illinois offense of assault (placing another in reasonable apprehension of battery), revoked supervised release, and sentenced him to 6 months’ imprisonment plus 1 year supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnson’s conduct constituted assault under Illinois law | Government: Johnson’s threats plus banging on the door constituted assault because they placed Young in reasonable apprehension of imminent battery | Johnson: Behind a locked door, he was “merely shouting”; no imminent apprehension because he made no attempt to enter | Court: Affirmed — threats plus banging and context made Young’s fear reasonable and constituted assault |
Key Cases Cited
- Kijonka v. Seitzinger, 363 F.3d 645 (7th Cir. 2004) (distinguishes mere verbal threats from assault requiring reasonable apprehension of imminent battery)
- People v. Floyd, 663 N.E.2d 74 (Ill. App. Ct. 1996) (discusses requirements for reasonable apprehension under Illinois assault law)
- People v. Kettler, 459 N.E.2d 7 (Ill. App. Ct. 1984) (no reasonable apprehension where defendant was physically restrained and could not act)
- People v. Taylor, 35 N.E.3d 171 (Ill. App. Ct. 2015) (separation by physical barriers and lack of threatening gesture can negate reasonable apprehension)
- People v. Ferguson, 537 N.E.2d 880 (Ill. App. Ct. 1989) (victim’s perception of defendant’s hostility and temperament relevant to reasonable fear determination)