The Indiana Court of Appeals denied a Gary man’s bid to overturn his conviction for shooting a dog, then killing a man trying to shield his girlfriend – saying his 25-year sentence was appropriate.
Tomecko Johnson, 48, was sentenced in May for the July 8, 2020 death of Terrance Turner, 24. He pleaded guilty to voluntary manslaughter.
Judge Gina Jones ordered him to serve his last two years in Lake County’s Community Corrections program.
In his appeal, Johnson argued Jones’ sentence was too harsh.
In a 3-0 ruling on Nov. 15, Appeals Judge Paul Felix rejected his arguments.
Felix noted that the appeals court usually gives county judges broad “discretion” to sentence defendants.
Jones was fine to consider the harm done to the victim, Felix wrote. Even if she hadn’t, other “aggravating” factors – his criminal record and “nature” of the shooting – would have been enough for the same sentence. Johnson did not contest the latter two in his appeal.
Felix also rejected Johnson’s argument that his character didn’t add up to a 25-year term, citing his past criminal record “dating back to 1994”, and that he “failed to take advantage of opportunities to rehabilitate himself.”
“Johnson got into a physical altercation with Hudson and then shot one of Turner’s dogs and Turner himself all because Johnson did not like that Turner and Hudson allowed their dogs to use an open field,” Felix wrote.
He also noted Johnson fired ten times, hitting Turner in the spine, neck and abdomen.
Johnson can appeal Felix’s ruling. His earlier release date is in November 2039.
mcolias@post-trib.com