RICHMOND, Va. — After over two hours of deliberation, a jury found Richmond Police Officer Richard Johnson guilty of two counts of involuntary manslaughter and reckless driving for the April 7, 2022 crash that killed two teenagers.
Johnson faces up to 21 years in prison when he is sentenced in August.
The jury of seven men and five women began deliberations around 5:15 p.m. Tuesday after the two-day trial and returned a verdict shortly before 7:30 p.m.
Johnson faced two counts of involuntary manslaughter and one count of reckless driving for the April 7, 2022 crash.
Johnson was responding to a burglary call with lights and sirens activated when he ran a red light at the intersection of Bells and Castlewood Roads in South Richmond.
His police SUV crashed into a 1999 Buick.
The Buick’s occupants, Jeremiah Ruffin, 18, and Tracey Williams, 19, died of their injuries. Neither were wearing their seat belt.
The prosecution called eight witnesses, while the defense called two witnesses — including Johnson, who cried on the stand as he recounted the traumatic brain injury he suffered because of the crash.
Following the verdict, Johnson's attorneys, Edward Nickel and Peter Baruch, declined to comment. Johnson left the courtroom without being seen by reporters.
Family for Ruffin and Williams declined to comment.
Richmond Commonwealth's Attorney Colette McEachin, who co-prosecuted the case, said in comments inside the courthouse that she thanked the jury for the consideration and attention they gave to the unique and complex issues of the case.
“It is not a victory by any means,” said McEachin. “Three families have been devastated by what happened. I’m glad the evidence we produced and out in front of this jury was sufficient to convince them beyond a reasonable doubt of Officer Johnson’s guilt.”
She also thanked RPD's crash investigation team for their work on the crash.
She said RPD was well aware of the facts of the case and would leave it up to the interim chief to determine what further measures need to be taken.
CBS 6 has reached out to the city and police department for comment on the verdict and for Johnson's employment status (he was placed on unpaid leave).
Find CBS 6’s day-one coverage of the trial here.
Day Two Testimony
Witness Five -- Crash Team Investigator
The first witness of the day (and fifth overall for the prosecution) was RPD Ofc. William Kress who was a part of the team that investigated the crash.
Kress said he was first dispatched to the hospital to attempt to interview those involved. He said he was able to see Johnson and Ofc. Dquan Walker, who was being field trained by Johnson and in the passenger seat of the police vehicle.
He said Walker provided him with details of the crash, but he could only speak to Johnson for about a minute before Johnson was no longer responsive. Upon cross-examination, Johnson's counsel asked if he lost consciousness -- Kress said he did not know if that is what happened, but that Johnson closed his eyes and was no longer responding.
The defense asked Kress if he was aware Johnson was diagnosed with a traumatic brain injury (TBI) since he had access to Johnson's medical report. Kress said he did not and was only looking at the toxicology findings.
Kress said he returned and two other officers returned to interview Johnson at the hospital the next morning and Kress' body-worn camera (BWC) was played in court showing that interview. In the video, you hear Johnson describe responding to the burglary call and driving along Bells Rd. with his lights and sirens active. He said he did not know what speed he was going, but added it did not feel fast -- maybe around 45 miles per hour.
In the recording, Johnson said he believed he was approaching a red light and visually cleared the intersection. He said he believes he did not see the Buick because it was blocked by the frame of his vehicle.
He added that his trainee, Walker, said something about a car coming from the left and then the crash happened (but said he did not know if he hit the Buick or vice versa). He then talked about rendering aid to the victims.
Kress said he also investigated at the scene of the crash and found the device in Johnson's car that showed his lights and sirens were activated.
On cross-examination, Kress said he did not ask Johnson if he also used his air horn as he approached the intersection.
The defense also brought up a section of the finished police report written by Kress that stated the Buick did not have a yellow traffic light before it entered the intersection but showed exhibits from yesterday of screenshots from surveillance video which Kress said showed the light turning yellow before the Buick entered the intersection.
The defense then asked Kress about Virginia Code sections 46.2-833, regarding requirements of drivers approaching a yellow traffic light, and 46.2-829, regarding requirements of drivers to yield to emergency vehicles with flashing lights.
Witness Six - State Police Investigator
The next witness was Virginia State Police Trooper Walt Reel, a member of a multidisciplinary team that investigates crashes.
Reel analyzed the Event Data Recorders (EDRs) in both vehicles, which provide some vehicle information in the five seconds leading up to the crash.
Reel said Johnson was traveling at 41 MPH five seconds before the crash and while he was not always pressing 100% on the gas pedal, his speed continued to increase until the crash. At the time of impact, Reel said Johnson was going 59.5 MPH and was fully accelerating. He said at no time were the brakes engaged.
Regarding easing up on the gas pedal, on defense questioning Reel said it would be consistent with someone easing up as they approached an intersection.
Reel said the Buick was traveling at a consistent 42 MPH in the five seconds before the crash. He added the brakes were engaged one second before impact.
Witness Recalled
The prosecution then recalled Sgt. Beverly Eikerenkoetter, another member of the crash investigation team to the stand.
Eikerenkoetter testified that using Reel’s data, they determined that Johnson traveled 406.13 feet in the five seconds before impact, while the Buick traveled 307.85 feet in the same time.
Witness Seven - RPD Training Academy Instructor
The seventh overall witness for the prosecution was Ofc. Richard McTernan, who is assigned to the RPD training academy, including when Johnson would have been trained.
McTernan confirmed various training that Johnson would have had to complete in order to graduate and become a Field Training Officer (FTO) regarding state laws and department guidelines when it comes to emergency responses and running red lights.
This included that responding units are determined by the Department of Emergency Communications (and what code a call is) and responding vehicles cannot travel more than 15 MPH than the posted speed limit. He said Johnson would also have been told to operate his vehicle with a due regard for safety -- using defensive driving techniques, operating within his and the vehicle's capabilities, responding with caution, and that no task will overrule public safety.
On cross-examination, McTernan said a sergeant in the precinct could have the ability to dispatch additional officers as well and say to respond in the same manner as the DEC determined (Code One in this case), but added an officer would not have to comply.
When questioned, he added that even if an officer went 15 MPH over the limit he was not breaking the law, just department policy.
On redirect, McTernan said Johnson could have chosen to respond in Code One fashion or not and even if the sergeant said to respond Code One, he should not have gone over 15 MPH over the speed limit.
Witness Eight - Johnson's Field Training Officer
The final witness for the prosecution was Johnson's own FTO Ofc. De-RaJon Chavis.
He said when Johnson was a trainee he had no issues with his driving and that included Johnson driving in response to Code One calls. He also talked about needing to keep your head on a swivel when approaching a red light and driving in such a manner that you could still come to a complete stop if needed, even during a Code One response.
Prosecutors asked if he taught Johnson about how to avoid being in a preventable accident and Chavis said Johnson was already a licensed driver and should have the common sense on how to do that.
On cross-examination, Chavis said Johnson exemplified safe driving skills. He added, on questioning, that it would not be unreasonable for an officer to continue through an intersection after seeing no oncoming vehicles.
On redirect, Chavis said if he was told to go to a Code One call, but did not say whether to drive under Code One conditions then the officer could use his judgment on how to drive.
Witness Nine - Witness to Crash
The first witness called by the defense was a truck driver, John Robinson, who witnessed the crash.
Robinson said he was stopped at the intersection of Bells Road and Richmond Highway, heading north. He said when the light was red the first police vehicle turned onto Bells Rd. and by the time the let turned green Johnson had turned onto Bells Rd. as well.
Robinson said as he was driving through the intersection he saw the Buick strike Johnson's vehicle followed by a black cloud of smoke and then he continued on his way.
When questioned, Robinson said the Buick appeared to be going fast. He added that he called police the next day and spoke to Ofc. Kress (the crash scene investigator and fifth witness for the prosecution), who told him he would follow up in person but never did.
On cross-examination, Robinson said he could not say if the police vehicle was going fast, but then said: "not really". He added that maybe the angles he saw the two cars from made a difference in how he perceived their speed.
He also clarified that Kress did eventually come to interview him in person, but the defense counsel said on redirect it was not until last week after they identified him as a potential witness.
Witness Ten - The Defendant
The second witness for the defense and final witness of the trial was the accused, Ofc. Richard D. Johnson.
Johnson said he became a police officer to help people and graduated from the academy in February 2021. He said he was able to become an FTO with his level of experience because the department had lowered the required number of years because of staffing challenges.
He said the night of the crash, he had already been working around seven hours and was at a call at a nearby auto parts store when they heard the call for the Code One burglary. He said his supervisor told him to go to the call with his trainee, Ofc. Walker, and said he did not have the leeway to say no to that order.
Johnson said as they were heading to the call the information the DEC was giving them made it seem like a serious situation as someone had reportedly been shot in the area and now someone was actively trying to break into a home. He said that call could have turned into any number of scenarios including the resident being shot and killed or the responding officers being attacked.
Johnson then talked about turning on the lights and sirens and using the vehicle's air horn as he approached the intersection in question.
He added that as he left the auto parts shop he was attempting to contact DEC on the radio to be given Code One priority because the call was happening in the sector that he was assigned to (and all those assigned were from different sectors), however, he said there was too much radio traffic and he was not able to get through.
Johnson said that as he approached the intersection, he pulled back on the vehicle's throttle to give him more time to clear the intersection and was continuously scanning. He eventually referenced the EDR reports that showed the pressure applied to his gas pedal lessening for a few seconds before the crash (although his speed did not decrease). He added as he saw no cars he continued and sounded his air horn as a backup to alert any unseen cars and pressed it between four to six times.
Johnson then said that upon seeing daytime photos of his approach to the intersection he realized that there was a house and hill that would have obstructed his view of the Buick, which he did not realize on the night.
Johnson said as they entered the intersection, Walker tried to alert him to the Buick but said he never saw it and lost consciousness. He said he was out for ten-20 seconds before coming to. He said he and Walker climbed out of Walker's door and began rendering aid to the victims until other officers arrived and relieved them.
When asked, Johnson said he was going so fast because the police vehicle ahead of him was 10-12 seconds in front and that could have a big impact on his ability to help that officer on the scene, adding he was going fast to help the person who called 911.
On cross-examination, Johnson said he was taught to have due regard for safety when driving. He added he was not the primary (or secondary) unit dispatched to the call but was attempting to become it. Prosecutors pointed out that six other units had been assigned to the call, but Johnson said he felt he should respond as it was in his sector.
He added that he wanted to be a good FTO to Walker and ensure he saw action in the field.
When asked about his assertion he slowed down to clear the intersection, but the EDR shows his speed never lowered and he only pressed the gas pedal with less force Johnson said he must have interpreted lifting his foot off the gas as slowing down and admitted he did not slow down at all.
He also admitted he did not clear the intersection because the crash happened.
Prosecutors also pointed out how Johnson's reasons for not seeing the Buick changed several times.
When asked why he sounded the air horn if he was going too fast to be able to stop he said it was “to notify other vehicles”.
And he said when asked if he was having an adrenaline rush: "Probably. Most likely." On redirect from his attorneys, Johnson said that that did not impact his judgment and it felt like everything was much slower than how they were and probably why he thought he was only going 45 MPH.
When his attorneys asked him if he would be helping his fellow officers responding to the call if he drove slower, Johnson said no.
