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January 8, 2010 in City, Idaho
Charges dropped in CdA shooting
Adam Johnson, in his office in Coeur d’Alene on Tuesday, December 8, 2009. Adam, 25, had a big brother through the Big Brothers and Big Sisters of the Inland Northwest.
(Full-size photo)(All photos)
A man accused of shooting two men during a night of drinking in downtown Coeur d’Alene left jail Friday after a grand jury declined to indict him.
Adam M. Johnson, 25, said he shot Brandon R. Burgess and Bradley J. Phillips in self-defense after the men and their friends threatened him during an early-morning argument Dec. 27.
The men had argued at a bar hours earlier, and police said Johnson was attacked by the men only after he fired a gun at them.
A grand jury apparently disagreed and refused to indict Johnson, the CEO of a Coeur d’Alene-based telecommunications company. Charges of attempted murder and aggravated battery were dismissed Friday in Kootenai County District Court.
“The facts in the case, I think, pointed to self-defense, absolutely,” said public defender Anne Taylor. “We were developing a very good case.”
Grand jury proceedings are closed to the public, and witness testimony and evidence is confidential.
Kootenai County Deputy Prosecutor Art Verharen, who conducted the two-and-a-half-day proceeding, declined comment.
Chief Deputy Prosecutor Barry Black said he wished he knew what went into the decision.
“Are we disappointed? Sure,” Black said. “We felt that there probably was enough to go forward … otherwise, we wouldn’t have proceeded.”
Phillips, 25, told police Johnson pulled a .40-caliber handgun after one of Phillips’ friends said, “If you want to do something then let’s just settle it right now,” according to a police report.
Phillips was shot in the knee and Burgess, 25, was shot in the stomach when Johnson was tackled, according to police reports.
Police say Johnson fired the gun once at the men before they tackled him and punched him in the face repeatedly, causing heavy bruising. The first shot didn’t strike anyone.
Johnson, the founder of Convertec and a member of the Post Falls Chamber of Commerce board of directors, told police immediately after the shooting that he felt threatened by Burgess, Phillips and their friends, and feared for his life.
“Adam said as soon as he was jumped, he thought they were going to kill him,” according to the police report. “He stated that he tried to empty it (the clip) before he went to the ground because he knew that he would be killed.”
Johnson’s friends, rallied by Facebook postings and a group called “Free Adam Johnson,” packed the courtroom Friday.
“We know that Adam was in the right with this and he shouldn’t have been charged,” said Candace McEnespy. “This is going to make Adam stronger and better. I think everyone who knows him knows that.”
Johnson left Kootenai County Jail, where he was being held on $500,000 bail, shortly after the court hearing. He declined interviews.
Phillips and Burgess, who were in Coeur d’Alene for Christmas to visit Burgess’ mother, were not available for comment. Each has filed a civil claim against Johnson, seeking payment for medical expenses and other damages.
Phillips recovered at Kootenai Medical Center; Burgess underwent surgery at Harborview Medical Center in Seattle and is recovering.
The men were in a group of about eight people drinking at downtown bars when they ran into Johnson at the Underground bar on Sherman.
One of the men said the group had been asked to leave the Torch bikini bar because Burgess’ mother, who witnessed the shooting, and a friend “were getting out of hand, possibly with the stage dancers,” according to the police report.
The group encountered Johnson again about 12:45 a.m. in the 200 block of Sherman Avenue.
Police estimated hundreds of people poured out the downtown bars at the sound of four or five gunshots.
One bullet hit a parked car, and one of the Moses Lake men told police he “freaked out” and threw Johnson’s gun on the roof of a nearby restaurant, according to police.
Johnson, who has a concealed weapons permit, told police he always carried the pistol in the front of his waist with no holster, according to police reports.
A judge based his $500,000 bond partly on his criminal record, which includes a drunken driving conviction and a dismissed charge of carrying a concealed weapon while intoxicated.
Taylor, Johnson’s public defender, said her client was “greatly relieved” at the dismissal.
“Being charged with this type of offense and being put in jail is a very, very frightening experience for anyone.”
Human trafficking suspects released 
rathdrumdude on January 08 at 4:27 p.m.
Ironic his company Convertec supplies dialtone to the city of Coeur d alene. He goes to jail and the dialtone is shutoff that day. Convertec exist only of two guys ,,no adam no convertec, no convertec, no dialtone, it takes 6 to 8 weeks to get dialtone, the city of coeur d’ alene would be out of service for two months, So one gut shooting drunken coward released for the greater good of the citizens of coeur d alene.
txidaho88 on January 08 at 4:52 p.m.
fortunetly the good citizens on the grand jury made their decision. And rest assured they took into acct the consequences of what this decision might mean. They believed Adam, not the boys from Moses Lake. He will still get charged I am sure with some firearms issue and plea bargain it down, but bottomline is the cowards are groups of guys that go around acting like they can do whatever they want and beat up who ever they want. This is one for the good guys, finally!!
Liberty_Bell on January 08 at 5:15 p.m.
“one gut shooting citizen” rathdrumdude? you do need your dialtone checked too?
At least Johnsons can’t match a Washington Cop, where they just unload 7 bullits into your back?
police officer Troy Meade was charged with first-degree manslaughter after he fatally shot a Stanwood man June 10 during a drunken driving stop in a restaurant parking lot. The investigation showed Niles Meservey, 51, was shot multiple times as he sat at the wheel of his Corvette.
Meade has said he shot in self defense. Meservey’s family has filed a $15 million damage claim against the city of Everett.
Shylock13 on January 08 at 6:05 p.m.
We should all know WHY the charges were dismissed! On the surface, this dismissal is outrageous! If I shot two people under the same conditions, I doubt that the charges would be dismissed.
lewis8457 on January 08 at 6:08 p.m.
anybody that shoots someone else is not a good guy
robertj on January 08 at 6:50 p.m.
Ridicoulous that someone can leave a scene come back with a gun , shoot two people and not be held accountable.
Its not just ridicoulous, people should be furious, something smells.
kcook338 on January 08 at 7:37 p.m.
@robertj
Let’s clear a couple of things up… First, Adam didn’t leave and come back with the gun. It was on his person to begin with, and he’s fully licensed to carry/conceal. Whether or not he went into establishments with the firearm is another matter, but there was simply no pre-meditation on his part to shoot these two gentlemen or otherwise cause them bodily harm.
This group decided to single out Adam for reasons that aren’t entirely clear except to those involved, and after an argument with them in the bar, Adam left to continue the night elsewhere. He then ran into the same group later in the evening, words were exchanged again, and the group engaged Adam, knocking him to the ground. At that time, Adam discharged his weapon to defend his life. Eyewitnesses (those that weren’t from Moses Lake) stated in unison that Adam was tackled first by a group of at least 5 people prior to firing the first shot. I don’t know about you, but 5 against one would satisfy the three criteria necessary to claim self-defense (opportunity, intent, capability). In this situation under Idaho law, the use of deadly force is justified. Anyone that saw his mugshot would come to the conclusion that his life was, indeed, in jeopardy.
I suggest you go look over Mr. Burgess’ criminal record. He and his group seem to roam around the region looking for this kind of action, and they finally got what they were looking for.
If you’re still not sold, a grand jury was convened and couldn’t produce an indictment.
Coffee on January 08 at 7:53 p.m.
“anybody that shoots someone else is not a good guy ” Oh dam screwball I guess we will just have to take Audie L. Murphys Medals back,
Potato on January 08 at 8:45 p.m.
This situation could have been avoided by being a responsible CCW license holder. Here we have a gentleman who is carring a .40 caliber pistol in his “front waist band” downtown. Assuming he was sober, as you should be while carring a firearm he was not able to avoid a situation a second time with a group of 5 people who aren’t afraid of a confrontation. If he was drinking there is no reason he should of had a firearm on his person in the first place. I know not to carry a weapon while out drinking and if I “feared for my life” I would try running the other direction. Although there is nothing like trying to “to empty it (the clip)” before I hit the ground on Sherman Ave.
april25 on January 08 at 10:11 p.m.
Carrying a loaded gun out drinking was mistake number one. using it, was mistake number two.
He needs to be held accountable for actions. He got out of being indicted for attempted murder and aggravated battery but I hope he will get what he deserves whether it be a result of the civil suits or any other charges that may be brought up.
What makes me upset is the way people are writing like he is some kind of hero because he stood up for himself by shooting two people in the middle of downtown Coeur d’Alene where he could have easely shot and killed numerous people, including innocent bystanders. By supporting him, you are supporting his actions of violence and the deterioration of safe city streets.