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Thursday, May 31, 2001

Spangdahlem airman convicted
of assault, other charges

SPANGDAHLEM AB, Germany — A jury convicted an airman of two counts of assault with attempt to commit voluntary manslaughter during a general court-martial Wednesday.

The panel also found Senior Airman Antoinette E. Johnson guilty of two counts of assault and battery and one count of assaulting a law enforcement officer.

Johnson, who worked at the 52nd Fighter Wing’s Equipment Maintenance Squadron, had been charged with assault with the attempt to commit murder in the case, which stemmed from an armed confrontation in October with two other airmen at the Spangdahlem Air Base armory. The jury of four officers and four enlisted members found Johnson not guilty of that charge.

Military judge Lt. Col. Rodger Drew instructed the jury Tuesday that it could convict on the lesser offense of attempt to commit voluntary manslaughter if the panel determined the act was done "in the heat of sudden passion," or emotion such as anger, rage, pain or fear.

Prosecutors had argued that Johnson had threatened and pointed a loaded handgun at her former lover, Airman 1st Class Amy J. Wheeler, and Airman Nichole L. Wesolowski, whom Johnson suspected was having a relationship with Wheeler.

Wheeler and Wesolowski, who both work at the 52nd Security Forces Squadron, had testified that Johnson burst into the armory in a jealous rage. After fighting over Wheeler’s gun, Johnson grabbed another pistol from an open gun rack, loaded it, pointed it at Wheeler and Wesolowski and threatened to kill them.

Johnson, however, testified that she had only wanted to kill herself when she grabbed and loaded the 9mm handgun.

Wheeler ultimately shot Johnson in the leg with Wheeler’s 9 mm pistol.

The panel deliberated for seven hours before reaching the verdict. The sentencing phase of the court-martial began late Wednesday afternoon.

After the verdict was read, Johnson looked behind her at Wheeler and Wesolowski, who returned to court for the decision. Johnson then bowed her head and wiped tears from her eyes. Wheeler and Wesolowski also started to cry.

During closing arguments, prosecutor Maj. Sarajane Stenton reviewed earlier testimony and defense arguments point by point. She asked the jury to keep in mind that Johnson had lied on several occasions to military doctors and law enforcement investigators and therefore was "an admitted liar" on the witness stand.

"It’s not her job that’s on the line, it’s not her life that is on the line. It’s her freedom that’s on the line. What wouldn’t she lie about?" Stenton asked the jury.

Stenton also urged the jury to keep its focus on the facts of the case and not fall prey to "red herring" issues such as the homosexual relationships of the victims and the accused.

Defense attorney Maj. Mark Milam, however, argued that it was Wheeler and Wesolowski who lied about what happened at the armory that night to cover up their homosexual relationship for fear they would lose their jobs.

"It’s more than homosexuality," Milam said. "Don’t ask, don’t tell? Well, we need to look into that a little bit because it’s a motive to lie. It’s a motive to misrepresent."

Milam also argued that Wheeler had tried to cover up what happened because she had done the shooting that night.

"Airman Wheeler’s story has changed like the German weather," he said.


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