State vs Johnson

On the third day of testimony, the jury heard about the specific injuries the victim, April Smith, suffered during the incident leading to her death, as well as the possible causes for those injuries, as the State of Nebraska vs. Craig Johnson trial continued in Cheyenne County District Court.

Johnson, 48, is charged with first-degree murder, a class IA felony, use of a weapon to commit a felony, a class II felony, possession of a deadly weapon by a felon, a class III felony and habitual criminality for the Dec. 11, 2011 death of the 42-year-old Sidney woman.

Johnson and Smith were in a relationship and lived together at Sioux Meadows eight miles west of Sidney at the time of her death.

Dr. Peter Schilke, a forensic pathologist out of Scottsbluff, testified about the Dec. 13, 2011 autopsy he performed on Smith's body.

Two stab wounds were apparent, one on her hand and one in her abdomen.

"There were some obvious sharp force injuries or stab wounds," Schilke said.

The wound to the abdomen was measured around 7.5 inches.

"This kind of stab wound would not be immediately fatal," Schilke said.

He saw signs of an inflammatory response in her body to the stab which would probably take a few hours, he estimated. The large knife found in Smith's kitchen sink, with her blood on it could have caused this wound, Schilke said.

He discovered many injuries that weren't initially apparent to law enforcement. These included an abrasion on the inside of her lower lip and a hemorrhage on the inside of her scalp. There were many abrasions and contusions on the body as well as additional superficial cuts or stabs. Bruising was evident on the right hand and a stab wound existed on the left hand.

The puncture to the left hand was consistent with a defensive wound, Schilke told the court.

"Defensive wounds or defensive injuries are typically on the extremities," Schilke said.

There were also ligatures on her ankles and wrists where they had been tied with a black rope.

The abrasions on her neck made it clear that something had been wrapped around it, Schilke said. He also found other signs of suffocation, including hemorrhages in the neck muscles.

Schilke informed the jury that precision when it comes to time of death is very difficult.

"Nailing down an exact time is basically impossible," Schilke said.

The toxicology report determined that Smith had a high level of hydrocodone in her system at the time of her death. This was a drug prescribed to Smith for back pain.

"The hydrocodone is at a very high level that could be interpreted as a toxic level," Schilke observed.

He also detected the chemical formed in the body when hydrocodone is broken down. From the amount of drug that was broken down, the doctor made an inference.

"You could surmise that the drug was ingested closer to the time of death," Schilke said.

In this case, the cause of death was complicated and multifaceted including the stab to the abdomen and suffocation with a contributing factor of multiple drug toxicity.

"I ruled it a homicide," Schilke said.

Schilke could not determine the order in which the injuries occurred.

Upon questioning from the defense, Schilke acknowledged that he could not discern from the examination whether Smith was attacked by one person or multiple people.

Next, a number of people who worked with and knew both Johnson and Smith testified about their encounters with the man shortly before Smith's death.

Tim Mahon, who interacted with Johnson on a daily basis when Johnson worked at Castronics and Mahon worked at Adams Industries, was the first acquaintance to take the stand. He informed the court that he chatted regularly with the accused.

Johnson mentioned his displeasure that April Smith had invited her husband, Ed Smith to Thanksgiving dinner at her home, Mahon said. Johnson threatened that he'd kill April Smith if she ever left Johnson to go back to her husband, Mahon said.

Mahon admitted that he didn't take this threat seriously, which is why he did not notify law enforcement.

The state's next witness was Johnson's supervisor at Castronics, Andrea Ward.

Ward worked with Johnson on Dec. 10, 2011. He spoke to her about leaving work early because Ed Smith was at April Smith's house.

"He seemed to be really jealous of Ed being over there," Ward said.

Johnson threatened harm if he found the Smiths together, Ward said. After she heard about Smith's death, Ward called law enforcement to inform them of these statements.

On questioning from the defense, she said she thought Johnson was joking at the time.

"I took it as him venting," Ward said.

Many of those who knew Smith from the Sidney Industrial Park Convenience Store where she worked spoke of her passion for her job and her excellent worth ethic.

The jury was also informed during testimony on Thursday that Johnson had been convicted of another felony in the past.

The state is expected to rest its case on Friday. The trial will continue into next week.