December 28, 2009 in Idaho, Region

Gunman in CdA shooting claims self defense

By The Spokesman-Review
 

A young businessman facing attempted murder charges after a chaotic confrontation in downtown Coeur d’Alene told police he felt threatened when he opened fire on a group of men looking for a fight.

“I did what I was trained,” Adam M. Johnson told police, according to court documents filed Monday. “I felt threatened and I didn’t feel that there was any other way out of it.”

But authorities investigating the early Sunday shooting in the 200 block of Sherman Avenue that left two Moses Lake men with gunshot wounds are skeptical.

They’re recommending that Johnson, 25, be charged with attempted murder and aggravated battery, concluding that it was the gunfire that appeared to have instigated the other violence.

Johnson, the founder of a Coeur d’Alene-based telecommunications company and a member of the Post Falls Chamber of Commerce Board of Directors, remains in Kootenai County Jail on $500,000 bond after appearing in District Court via video Monday.

He’ll be arraigned on the charges, which include increased penalties because a weapon was used, within two weeks. He faces up to 30 years in prison.

Johnson’s criminal history, which includes a 2006 drunken driving conviction and a dismissed charge of carrying a concealed weapon while intoxicated, was a factor in the bond amount approved by Judge Penny Friedlander.

Meanwhile, shooting victim Brandon J. Burgess, 25, of Moses Lake, is improving at a Seattle hospital, where he underwent surgery to remove a bullet from his stomach.

He’s off a ventilator and alert and talking at Harborview Medical Center, said his brother, Jordan Burgess.

Also injured was Bradley J. Phillips, 25, who was shot below the left knee cap and treated and released at Kootenai Medical Center.

The men were in Coeur d’Alene for Christmas to visit the Burgess’ mother, who went to the bars with them that night and witnessed the shooting.

Jordan Burgess, 21, said Johnson pulled a gun on the group after he and Brandon Burgess pushed each other.

Johnson told police he was “attacked and he defended himself,” according to a police report.

“Adam felt like that guy was giving him an ultimatum by coming towards him, that he needed to pull the trigger,” according to a police report. “Adam said he yelled stop twice and then ‘squeezed.’”

But the victims and their friends have a different recollection. They insist they only attacked after being fired upon, Jordan Burgess said in a phone interview from Harborview in Seattle.

“He did not get jumped,” Burgess said of Johnson. “If anybody was acting in self defense it was the eight guys we had with us.”

Burgess’ friend, Seth Gerber, said Johnson was standing alone near Third Street and Sherman Avenue when he and his friends rounded the corner. They recognized him from an argument earlier that night at the Underground bar. Gerber said Johnson had been “talking trash;” others said Gerber had bumped into Johnson then argued with him, according to police reports.

When the men saw each other again just before the 12:44 a.m. shooting, Johnson said something about the Shore Lounge being slow, Gerber told police.

Gerber kept walking and turned around after “someone yelled something about a gun,” according to a police report.

Phillips, one of the shooting victims, told police Johnson pulled the gun, a .40 caliber, after one of the Burgess brothers said “if you want to do something then let’s just settle it right now,” according to a police report.

Jordan Burgess said Johnson fired the gun once before he was tackled and punched several times by the group.

“Adam acted like after he shot once he was going to put the gun away because he put his arm down,” Burgess said.

Johnson fired the gun several more times as he lay on his stomach and the men tried overpowering him, according to police reports.

One of those men, 23-year-old Gary Kenneth Ganiere of Moses Lake, told police he grabbed the gun from Johnson’s hands and threw it on the roof of Tito Macaroni’s restaurant, where police found it.

“Gary said he wanted to get the gun away from anyone,” according to a police report. “He said he was ‘freaked out’ and didn’t know why he threw it to the top of the building.”

Johnson told police he always carried the pistol in the front of his waist with no holster, according to police reports.

He placed a round in the chamber that night after the men approached him before he backed up a few feet and fired, according to a police report.

“I told Adam that witnesses said there was no physical altercation between he and the guy he shot, that Adam had just pulled his gun,” according to a report by Coeur d’Alene police Detective C. Miller. “Adam said he knows he felt threatened. He had a feeling that something was wrong.”

17 comments on this story so far. Add yours!
  • spokelooneh on December 28 at 10:40 p.m.

    Clear as mud.

    We need the police report, please.
    Redact the personal information in it and publish it online.

    Standard Operating Procedure.

  • Moses_Laker on December 28 at 11:18 p.m.

    Oh. Well, if he “had a feeling that something was wrong” then by all means, he should have fired into the crowd. Heaven forbid that we’re prevented from acting on hunches when deciding how and when to use deadly force. However, I do think he’s obligated to shout out “I’m getting a bad vibe from you” before shooting.

  • letthefactsspeak on December 28 at 11:58 p.m.

    Ive been speaking with some poeple today regarding Adam, who know him quite well. “Hes got a potential to be a hot-head” was one statement. I heard a story from an ex-female freind were a couple years ago he got out of a vehicle in a drive thru and tazed and fought with some kids in a car along with his friends. The fact that he regularly carries a fire arm with him and from what I hear “brags” about it to his friends, basically summs up his mentality. I cant get the fact out of my head that his own girlf freind went up to police to ask what was going on down Sherman and her response was “that sounds like my boyfriend”. As the facts come out regarding this situation, is is becomming alot more appearant to me who was at fault. I will however refrain from passing official judgment until trial…

  • Tony42 on December 29 at 1:34 a.m.

    This is the first reasonable account of the events I have read. Nice work Megann.

  • IdahoDream on December 29 at 3:37 a.m.

    1st Off, I wasnt @ the Crime scene and Dont Claim to know the chain of events that lead to this ridiculous event. One thing I do feel, is this wasnt a situation to use deadly force. Mr. Adam M. Johnson, claims “he felt threatened”. Threatened? He felt like this confrontation was turning deadly? Come on….

    Its rather pathetic that I dont feel safe in a town I grew up in (40 years here) with idiots carrying guns into bars or anywhere alcohol is consumed. This guy is a BIG BROTHER? I hope people see that this Baby Plaxico is guilty of a couple MAJOR events. 1, carrying a concealed weapon into establishments that serve alcohol. 2, not knowing when to use Deadly Force.

    I dont care who you are, you dont use Deadly Force in a alcohol fueled environment. All the citizens that were around were in danger because some “so called wanna be BIG BROTHER” made the choice to fire a weapon in a crowd”. I am a supporter of my rights to bare arms. I am not a supporter of idiots that carry fire arms into alcohol establishments where things can get out of control fast.

    This leads to my next question. Why in the World did Mr “BIG BROTHER” need a concealed handgun that night while he was club hopping? I have a hard time understanding why anyone would need a fire arm in down town CDA ever. Its a good way to end up like your picture in the paper Mr. Adam M. Johnson.

    I want to clarify that I dont know any of the parties involved in this situation and Im merely stating my opinion on a unfortunate story. This isnt the CDA I grew up in. The CDA I grew up in didnt have idiots packing heat when they went out for a night on the town. A man that pulls a gun in a area like downtown is putting EVERYONE in danger. Needless to say, There was most likely alcohol in the blood streams of 90% of the people out @ that time of night/morning. Alcohol and fire arms in a public place is not a good combination. Its hard to say what really happened when most present were probably drinking alcohol.

    Id love to hear the training program that Jr Plaxico went through that taught him to fire into crowds of people if he was scared. This idiot needs to be punished for his actions and stripped of the title “BIG BROTHER”. You dont belong carrying a fire arm if you dont know gun safety or when to use Deadly Force. Simply Stated, I havent read anything that indicates that this was a situation where Deadly Force was warranted.

    What’s happened to my city?

    Thank the Lord an innocent person wasnt shot fatally.

    Thanks again for putting handguns in the news in a negative manner Mr. Adam M. Johnson. You, are an idiot. I hope you get what you deserve for using a fire arm in my down town night life. The last thing we need is a Jr Plaxico capping off rounds in down town CDA.

    Come On Man…..

  • MLres on December 29 at 7:45 a.m.

    the alledged victims record is proof in the pudding that he is a repeat trouble maker with several run ins with the law and has no disregard for anyones health and saftey. after seeing a record like this its going to be hard to believe it wasnt self defense. sounds like mr. burgess is reckless and irresponsable and just plan in simple picked a fight with the wrong guy

    Burgess, Brandon R
    Defendant Grant County Dist Ct C00046515 09-04-2007
    13 Burgess, Brandon R
    Defendant Othello District CR0007688 11-03-2008
    14 Burgess, Brandon R
    Defendant Grant County Dist Ct G070587CC 12-18-2007
    15 Burgess, Brandon R
    Defendant Lincoln Cnty Dist Ct I00025821 06-05-2007
    16 Burgess, Brandon R
    Defendant Grant County Dist Ct I00041268 05-31-2007
    17 Burgess, Brandon R
    Defendant Grant County Dist Ct I5580TU 08-30-2007
    18 Burgess, Brandon R
    Defendant Grant County Dist Ct Y00070970 06-01-2007
    19 Burgess, Brandon R
    Judgment Debtor Grant Superior Court 09-9-01585-8 10-14-2009
    20 Burgess, Brandon R
    Defendant Grant Superior Court 09-2-01392-2 10-07-2009
    21 Burgess, Brandon R.
    Defendant Grant County Dist Ct SC0008296 11-12-2008
    22 Burgess, Brandon R.
    Defendant Grant County Dist Ct Y00080276 02-12-2008
    23 Burgess, Brandon R.
    Defendant Grant County Dist Ct Y00080901 04-29-2008
    24 Burgess, Brandon R.
    Defendant Grant County Dist Ct Y00092293 11-10-2009
    25 Burgess, Brandon Ray
    Defendant Grant County Dist Ct C00026960 12-14-2009
    26 Burgess, Brandon Ray
    Defendant Grant County Dist Ct I00073111 03-18-2008
    27 Burgess, Brandon Ray
    Defendant Franklin District IN0063267 03-09-2009 “ ”

  • coeurgenx on December 29 at 8:33 a.m.

    Spot on IDAHODREAM’r..MLres, I gotta search all those. Im guessing disorderly conduct of some sorts in most cases.. Just pisses me off a guy who claimed to be an honorable person was just waiting for an opportunity to use his gun. Why else would he be carrying it around town.. I agree some GOONS need to be waxed off the planet, but there is a better way and it never involves GUNS you freakin A-hole..

  • lewis8457 on December 29 at 8:55 a.m.

    The more people that start to carry guns the more of these kinds of incidents there will be. Before you know it many will carry just for protection from other citizens, go figure.

  • Goodguy07 on December 29 at 10:04 a.m.

    ” Adam your friends are standing by you, we all know this was self defense! Keep your head up and in time the truth will come out.

    Anyone notice that it seems like all the witnesses to the actual initial events were the group from Moses Lake? Of course they’re going to blame him to protect their own group of thugs.

    “Better to be tried by 12 than carried by 6”

    Free Adam Johnson! ”

  • Hayden83835 on December 29 at 12:51 p.m.

    First of all, I want to say that no one deserves to get shot at-especially by someone who was probally coked out of his gord and thinks its fun to flash a gun in a crowd of people(he did this last week). Secondly, no a-hole needs to be carrying a gun in downtown CD’A in the first place- are you freakin kidding me??Now thanks to dumb idiots like Adam I cant even go downtown to have a night out with my girlfriends cause im afraid i might get shot and killed. Talking crap and getting into a fight is one thing- if you want to settle something that was said in the bar, then get a group of your friends- not a damn gun. I dont care who felt threatened- you have feet- freakin run, dont pull a gun you loser coward! Yeah it seems surreal that he could have done something like this- but for those who are saying “free adam,” put yourself in the shoes of those who were shot at. Brandon almost lost his life. And i am glad that Adam got his butt beat AFTER he shot the two guys- he’s lucky he wasnt hurt worse. What would you do if someone shot your bestfriend or brother?? And another thing- why would Adam approach them if he felt soooo threatened?? He didnt cause he had his gun- COWARD!

  • Hayden83835 on December 29 at 12:55 p.m.

    i would also like to say to MLres- picking a fight with the wrong guy in no way shape or form is cause for someone to get shot and almost killed- why was this dummy carrying a gun in the first place in CD’A?? Come on!

  • letthefactsspeak on December 29 at 3:15 p.m.

    “Good Guy”- All I am going to say is that one of Adams friends came up to him right before the police showed up as he was being restrained after the beating that occured after he fired atleast his first shot and Adams response was simply “I felt threatened for my life”. This came directly from his freinds mouth who was with him at the Underground.

    I would think, as well as a logical rational person should that Adam would have said, “they were beating me, I thought they were going to kill me”.

    The fact is, his training kicked in after the fact and he knew that he was in some major trouble so he immediately drew upon what he learned in weapons training which is - the use of lethal force if your person is in danger or lethal harm or life threatening injuries. This includes the intent, opportunity and capability to kill. This also is what the police are basing there reccomendation to charge Adam with. Trust me. When this goes to trial, the fact that Adam repeadedly asked law enforcement what the protocal to use deadly force is will be a key issue in the prosecution. His fire arms instructor will be a key whitness. Adam, in trying to save his behind actually sealed his fate by making these statements.

    I dont care how many of the Moses Lake guys were there. None of them presented the capability or intent to do serious bodily or lethal harm to Adam. The opportunity yes was there, simply by them being on the same corner. One of the three (opportunity, capability, intent) does not constitute the use of deadly force as self defense and in the court of Law (not Adams friends public opinion) he will be convicted and he will be spending a long amount of time in the Boise State Hilton thinking about the other 2 missing ingredients that lead to his actions.

  • popeye2801 on December 30 at 2:39 a.m.

    From the spokesman review: “Adam felt like that guy was giving him an ultimatum by coming towards him, that he needed to pull the trigger,” according to a police report. “Adam said he yelled stop twice and then ‘squeezed.’”

    From the CDL Press: “He thought he was going to be killed,” Saunders said. “He was begging them to stop.”
    Because he was badly beaten in the course of events just before 1 a.m. Sunday, Johnson was hard to understand on the phone, she said, but he did contend the wounded men and others began beating him before they were shot.

    So, who’s the liar here? The spokesman review, CDL press, the police report, or Saunders. It is amazing how screwed the stories are on this case.

    I know he was on the ground just by the wounds the other guys got, and if the police aren’t total idiots they can find out by the angle of the bullet travel through the body. They should have arrested all of them and got stories before they could collaborate.

    It’s pretty damn obvious what happened. His parents need to start a legal found so he isn’t screwed by a public defender.

    Everybody seems to be worried about Adam’s DUI. Maybe they should check out the wounded guy’s criminal records.

    4 Burgess, Brandon Jeffrey
    Defendant Skamania District CR0009118 04-04-2002
    5 Burgess, Brandon Jeffrey
    Defendant King County District 9Y6198686 09-05-2009
    6 Burgess, Brandon Jeffrey
    Defendant Chelan Co Dist Court I00043093 09-10-2007
    7 Burgess, Brandon Jeffrey
    Defendant Chelan Superior Ct 01-8-00579-7 12-07-2001
    8 Burgess, Brandon Jeffrey
    Defendant Skamania Superior 02-8-00023-5 05-03-2002
    9 Burgess, Brandon Jeffrey
    Defendant Chelan Superior Ct 02-8-00251-6 05-20-2002
    10 Burgess, Brandon Jeffrey
    Defendant Kittitas Superior Ct 03-8-00063-3 06-03-2003
    11 Burgess, Brandon Jeffrey

    11 Phillips, Bradley J
    Defendant Clark County Dist 5856766 01-20-2009
    12 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div C00039966 04-09-2001
    13 Phillips, Bradley Jay
    Minor Thurston Superior 06-3-01129-6 10-13-2006
    14 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div 155378 06-02-1992
    15 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div C871G 01-29-2004
    16 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div G00006232 08-27-1990
    17 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div 1985A-09D 03-16-2009
    18 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div C00039967 04-06-2001
    19 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div C00047474 04-16-2003
    20 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div C00080211 03-21-1995
    21 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div C2812G 01-25-2004
    22 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div C291G 06-26-1995
    23 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div C3693G 05-27-2008
    24 Phillips, Bradley Jay
    Defendant Sno Co-cascade Div C4161G 03-06-2009
    25 Phillips, Bradley Jay

  • Iniquity on December 30 at 6:08 a.m.

    OMG!! Your totally right

    the alledged victims record is proof in the pudding that he is a repeat trouble maker with several run ins with the law and has no disregard for anyones health and saftey. after seeing a record like this its going to be hard to believe it wasnt self defense. sounds like mr. burgess is reckless and irresponsable and just plan in simple picked a fight with the wrong guy

    Burgess, Brandon R
    Defendant Grant County Dist Ct C00046515 09-04-2007
    13 Burgess, Brandon R
    Defendant Othello District CR0007688 11-03-2008
    14 Burgess, Brandon R
    Defendant Grant County Dist Ct G070587CC 12-18-2007
    15 Burgess, Brandon R
    Defendant Lincoln Cnty Dist Ct I00025821 06-05-2007
    16 Burgess, Brandon R
    Defendant Grant County Dist Ct I00041268 05-31-2007
    17 Burgess, Brandon R
    Defendant Grant County Dist Ct I5580TU 08-30-2007
    18 Burgess, Brandon R
    Defendant Grant County Dist Ct Y00070970 06-01-2007
    19 Burgess, Brandon R
    Judgment Debtor Grant Superior Court 09-9-01585-8 10-14-2009
    20 Burgess, Brandon R
    Defendant Grant Superior Court 09-2-01392-2 10-07-2009
    21 Burgess, Brandon R.
    Defendant Grant County Dist Ct SC0008296 11-12-2008
    22 Burgess, Brandon R.
    Defendant Grant County Dist Ct Y00080276 02-12-2008
    23 Burgess, Brandon R.
    Defendant Grant County Dist Ct Y00080901 04-29-2008
    24 Burgess, Brandon R.
    Defendant Grant County Dist Ct Y00092293 11-10-2009
    25 Burgess, Brandon Ray
    Defendant Grant County Dist Ct C00026960 12-14-2009
    26 Burgess, Brandon Ray
    Defendant Grant County Dist Ct I00073111 03-18-2008
    27 Burgess, Brandon Ray
    Defendant Franklin District IN0063267 03-09-2009 “ ”

  • Sermo on December 30 at 11:50 a.m.

    @letthefactsspeak

    How can you say that no matter how many Moses Lake guys were there, none of them presented the capability or intent to do serious bodily harm? All it takes to do serious brain damage is one punch to the right part of the head. Do you not realize that thousands of people a year are permanently brain dead from fist fights and four men fighting one could end up deadly? The human body is not invincible and a few kicks to a fallen man’s head can easily lead to death.

    You also have no idea what their intent was because you were not inside their heads. If they were severely intoxicated they could have not known when to stop and continued the beating.

    So they most definitely had the opportunity and the capability. As for intent both you and I have no idea.

  • txidaho88 on January 08 at 5:03 p.m.

    Charges dropped……Good Guys 1, Punks 0

  • Potato on January 09 at 2:52 p.m.

    Don’t keep your gun in the front waist band of your pants dummy!

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