PORT ANGELES — Kenneth S. “Tiny” Johnson will face a Dec. 14 trial on charges of robbery, eluding police and theft of two vehicles after a high-speed chase through the Sequim area.
Attorney Larry Freedman, representing Johnson, a sex offender, said he will seek a change of venue out of Clallam County for the trial.
At his arraignment Friday in Clallam County Superior Court, Johnson, 35, pleaded not guilty to the single charges of first-degree robbery and eluding police and two counts of theft involving two vehicles.
The charges stem from a high-speed chase Oct. 25 that began in the Sequim city limit, ended 25 miles away in Discovery Bay in Jefferson County and allegedly involved Johnson’s use of a shotgun during a carjacking.
Judge George L. Wood set a status hearing in the case for 9 a.m. Nov. 21.
Trial is expected to take up to four days.
Johnson remained Saturday in the county jail on $150,000 bond.
Pretrial publicity
Freedman, of Sequim, said pretrial publicity that included articles in the Peninsula Daily News could prejudice a jury and justifies moving the case out of the county.
Freedman said he expects to file the change of venue this week.
“Every time [the articles] appeared, they indicated his prior criminal record,” Freedman told Wood.
Johnson has past convictions of first-degree child molestation and third-degree rape.
He was wanted by authorities at the time of his arrest shortly before 2 a.m. Oct. 25 for allegedly failing to register a change of address as a high-risk sex offender.
Medical records
At his arraignment, Johnson also authorized Freedman to review Johnson’s medical records.
Johnson said Monday at his first court appearance that he has Hodgkin’s lymphoma, a cancer that develops from cells in the body’s immune system, and that he has six months to live.
Clallam County Sheriff Bill Benedict cast doubt on that assertion in an interview Wednesday with the PDN, saying Johnson has said for years that he has a terminal illness but that Benedict is unaware of the condition.
“He may well have Hodgkin’s lymphoma, but he has been claiming that every time he’s come to the jail for five years,” Benedict said in a subsequent interview.
“My point is, I’m not overly concerned by his statements one way or the other.
“I think it’s kind of a sympathy plea.
“I’ve seen no evidence he’s been treated for it or that he has the disease, based on my knowledge of the jail or my staff.”
Freedman said in an interview that Johnson’s medical status could be a factor in how the case proceeds.
“That is something the court can take into consideration, or it may be something that involves discussion with the prosecutor’s office in regards to resolving these cases,” he said.
“If we are going to try to negotiate some sort of resolution, and if in fact he does have the cancer, and if in fact he has come to a point where it affects his longevity, obviously it’s something to take into account.
“I only know I need to get the information before I do anything with it.”
Johnson had been a passenger in a Subaru when it was stopped by authorities at 1:11 a.m. the day of his arrest.
He moved over to the driver’s seat while the driver was being questioned and sped away from the intersection of North Second Avenue and West Spruce Street, authorities said.
80 mph chase
He reached speeds of 80 mph in a 30 mph zone on Brown Road, failing to stop at seven stop signs, sheriff’s deputies said.
Authorities say that at Maple Street and South Sequim Avenue, Johnson exited the vehicle, pointed a shotgun at the driver of a Mazda Miata (later identified as Dane Duben of Carlsborg) who was stopped in front of him and pulled him out of the car.
Johnson was arrested in Discovery Bay after the Miata was slowed by spike strips and the car was bumped to a stop by a police vehicle.
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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 5060, or at pgottlieb@peninsuladailynews.com.
