WRAL Investigates: Man cleared of shooting Durham officer faces new charges. Attorney questions if he was targeted

Kevin Johnson walked out of prison as a free man in June 2023 after spending more than a decade behind bars for shooting a Durham police officer.

A judge threw out Johnson’s conviction based on questions about two key witnesses that helped convict Johnson. The Durham County District Attorney’s Office later decided it would not retry the case, clearing the way for Johnson’s freedom.

Now, just six months after gaining his freedom, Johnson is in trouble with the law again. He and another man, Scott Burnette, face a list of drug and gun charges.

Durham police arrested the men Wednesday at the apartment on Copper Ridge Drive. Officers say they were in the area looking for a teenage absconder. The teen got away, but officers arrested his father, Burnette, after they say he had drugs and a gun.

The officers then turned their attention to Johnson’s apartment, where they say Burnette came from.

"My name is on the lease of the apartment and why that is," said Chris Mumma, the executive director of the North Carolina Center on Actual Innocence, who got Johnson’s case thrown out.

WRAL Investigates received a tip that Mumma’s name was linked to the apartment, which she readily admits, "It’s not unusual for us to co-sign to help them get back on their feet."

Mumma says Durham police contacted her after realizing her name was the lease. She went to the apartment complex and says she was met by a huge police presence.

"It’s kind of surreal, kind of ‘Twilight Zone’-ish the way the whole thing went down," she said. "Suddenly, the focus turned from finding this kid to … it turned into a narcotics investigation of Kevin Johnson’s apartment."

Arrest records obtained by WRAL Investigates show police took items from the house they claim are used to make and distribute drugs, like cooking utensils, a scale and a grinder.

Mumma’s not buying it.

"If what they are calling paraphernalia for distribution of drugs is truly paraphernalia for distribution of drugs, then my kitchen is a crime scene," she said.

Arrest records state Johnson had three guns in his possession, including one that was stolen.

Johnson was also charged with possession of a firearm by a felon for a previous conviction 17 years ago. Mumma says the gun did not belong to Johnson.

In fact, she’s not buying the entire police narrative spelled out in these papers.

"There’s the option that he was a target and could that be because he was exonerated and the Durham Police Department was made to look bad in that process? Could be," she told us.

Durham police disputes Mumma’s claim.

"We do not comment on pending criminal matters," a Durham police spokesperson wrote. "However, the Durham Police Department does not target any individual, business or group when conducting legitimate criminal investigations."

From how police obtained the search warrant to Johnson’s arrest, which she points out oddly does not include any drug possession charges, Mumma has plenty of concerns and questions.

"This is either normal procedure, which is completely unacceptable or he was the target, which is completely unacceptable and either way, we need to get to the answer," Mumma said.

Since Johnson's exoneration, he had been working with Bull City United, a community-based program to stop gun violence.

"What I am confident of is Kevin Johnson has been giving back to the Durham community since he was released," Mumma explained.

However, that venture is over. A Durham County spokesperson said Johnson’s employment ended Thursday with Bull City United. Johnson had worked for Bull City United since July 31, 2023, according to the spokesperson.

Johnson is out of jail on a secured bond.