Attorneys fight to dismiss conviction for man sentenced in 2007 shooting of Durham police officer

Kevin Johnson has maintained his innocence since the 2007 shooting of a Durham police officer who survived.

Johnson was 24 at the time of his arrest. He is fighting to have his conviction overturned.

On Tuesday, Johnson appeared in court.

“I am 100% that Kevin Johnson is innocent,” said Johnson’s attorney, Christine Mumma with the North Carolina Center on Actual Innocence.

• Co-defendant David Williams, who initially accused Johnson of being the shooter of officer David Vereen, recanted his testimony.
• Williams shot Johnson four days before Vereen was shot. She believes Williams falsely implicated Johnson because of their ongoing disagreements.
• Johnson's ex-girlfriend testified that she was at her apartment with Johnson the night of the shooting.
• Vereen said the shooter had dreads or cornrows. Johnson said he went bald around age 19 or 20.

Also, Williams was subpoenaed to testify Tuesday, but didn’t show up. Judge Ed Wilson issued a bench warrant for Williams’ arrest, which would force him to appear in court.

Johnson has been offered deals to get out of prison earlier if he would plead guilty, but he has not done so. He’s determined to clear his name.

“I am hopeful about the outcome,” Mumma said. “I have been called pathologically hopeful, because I have been hopeful about the outcome in other cases and convictions have not been overturned.”

Johnson's family was in court on Tuesday to support him. It included Johnson’s 15-year-old son, Kevin Johnson Jr., who was born two days after the shooting.

“He's innocent,” Johnson’s mom Celeste Brown said. “He needs to come home to his baby.”

Johnson Jr. explained what it was like growing up without his dad.

“It hurts a lot that I wasn't able to have him with me as I was growing up,” Johnson Jr. said. “But I feel like, now, I'm going to have the chance to spend the rest of my life with him when he gets out because I know he will.”

Johnson’s niece, Diamonique Johnson, explained what it was like to see her uncle in court again.

“It feels weird to be back,” Diamonique Johnson said. “I was 11 when all of this started.

“The emotional roller coaster of being back at the jail house and kind of reliving all of this.”

In court, Assistant District Attorney Mike Wallace pointed out that a jury convicted Johnson, and that the Court of Appeals upheld Johnson’s conviction.

The decision to dismiss charges or not ultimately rests with the judge. The hearing is set to resume Thursday morning.