Accused murderers all face amended charges

Charges were amended Tuesday morning in two of three pending murder cases before Cheyenne County District Judge Derek Weimer.

Jason W. Custer will now face first-degree murder in connection with the November shooting death of Adam E. McCormick of Sidney, while Craig A. Johnson now has a habitual criminality enhancement attached to his second-degree murder charge in the December 2011 beating death of April Smith.

In addition, the county’s third accused murderer, Larry G. Martinez was also in court to be arraigned on an amended charge of felony Class IA first-degree murder, in that he allegedly shot and killed Mandy Kershman on July 18.

CUSTER COULD FACE

LIFE WITHOUT PAROLE

Custer, 34, formerly of Chico, Calif., entered a not guilty plea through defense attorney Kelly Breen after learning Cheyenne County Attorney Paul Schaub was “bumping” the charge up from Class IB second-degree murder.

The information was also amended to include a Class IC felony count of use of a firearm to commit a felony, and Class ID possession of a firearm by a prohibited person.

The first-degree murder charge against Custer, upon conviction, would carry a prison term of life without parole. The second count of felony weapons use would contain up to a 50-year sentence ipon conviction, and the third charge also has a 50-year sentence, and all would run consecutively if Custer were convicted on the murder count.

Custer is accused of shooting McCormick, 35, Sidney,just after midnight Nov. 3 at 2475 San Marino Road. The shooting allegedly occurred due to a disagreement concerning a drug debt between Custer and McCormick.

Custer was later arrested at a Big Springs hotel, and booked.

Weimer set a status hearing on the case for April 3 at 8:30 a.m.

JOHNSON

Johnson, 47, Sidney, was excused from his court appearance today,and like the other two accused murderers, is represented by Breen.

Johnson faces a felony Class 1B second-degree murder and Class II felony use of a weapon to commit a felony, in connection with the Dec. 11, 2011 beating death of Smith.

After charges were filed agsinst Johnson, he was ruled to be incompetent to stand trial by Weimer last spring, but that ruling was later overturned.

In addition to the two charges against Johnson, Schaub has entered amended information on the case, adding the enhancement of habitual criminality.

If convicted, Johnson would stand to have whatever sentence is handed down, with a mandatory minimum sentence of 10 years, and not to exceed 60 years.

While seeking the enhancement via habitual criminality, Schaub noted that Johnson has been sentenced on prior occasions, all in Houston County, Texas. In December 1987, Johnson violated his probation on a 1983 burglary charge, being sent to the Texas Department of Corrections for a five-year term.

Johnson was also sentenced for another burglary charge in April 1990, where he received a 12-year sentence, and in June 1993, he was given probation after pleading guilty delivery of a controlled substance. Johnson had that probation revoked in December 1993, when he was sentenced to serve 15 years.

Johnson’s Class second-degree murder charge carries a sentence of 20 years to life imprisonment, upon conviction, and the Class II count has up to 50 years’ time attached to it.

Johnson will still need to be arraigned on the new information, and Weimer set that hearing for March 6 at 8:30 a.m.

MARTINEZ PLEADS NOT GUILTY TO AMENDED MURDER COUNT

Two weeks ago, Martinez, 53, was looking at death row upon conviction in the Kershman murder case.

He was potentially spared Thursday when Schaub opined there was no longer sufficient admissible evidence to support the death penalty against Martinez.

Instead, Schaub amended the charge to Class IA first-degree murder, and Class IC use of a firearm to commit a felony.

Like Custer’s charge, the Class IA count, upon conviction, would result in life without parole for Martinez, and the weapons allegation carries a sentence of five to 50 years’ imprisonment.

Breen advised Weimer that discovery in the case is “far enough along” but entered a motion to have a hearing for a supplementary jury questionnaire and a trial setting.

Weimer granted the motion, and set the hearing for March 6 at 9 a.m.

Schaub was accompanied by special appointed deputy county attorney Michael Guinan of the Attorney General’s Office.

Guinan will assist Schaub in prosecuting the Custer case, while two other AG assistants — Sandra Allen and Corey O’Brien — have been pointed toward the Martinez and Johsnon cases, respectively.