A Harvey man who was 16 when he shot a young New Lenox man in the back while he was running away from him will serve 45 years in prison for his murder.
Because Kevin Johnson, 21, was a juvenile at the time of the fatal shooting in 2020, he was eligible for a sentence of no more than 40 years in prison, according to prosecutors.
But Will County Judge Amy Bertani-Tomczak imposed an enhanced sentence on Monday after finding Johnson’s fatal shooting of Charles Baird, 19, was unnecessary, evil and criminal, she said.
Bertani-Tomczak found Johnson guilty of Baird’s murder following a bench trial last March.
On May 10, 2020, Baird was a customer at a Circle K gas station in New Lenox when Johnson shot him after arriving at that location in a stolen vehicle.
Baird was hospitalized and died from his injuries on May 13, 2020.
“There was absolutely no justification for shooting [Baird] in the back while he was running away,” Bertani-Tomczak said.
Bertani-Tomczak cited a pre-sentence investigation report where Johnson told an adult probation officer that he didn’t fail society but was failed by society. Johnson told the officer he felt “emotionally bashed” and he was “easily manipulated.”
The judge called those comments “disturbing.”
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/shawmedia/DLDBLAK6U5HNZKX7CW6XQDYNC4.jpg)
Johnson told Bertani-Tomczak he doesn’t know what to say to Baird’s family.
“What can you say?” he said.
After Monday’s sentencing, Baird’s mother, Jennifer Baird, said Johnson shouldn’t have shot her son.
“He knew what he was doing. He was the one who chased [Baird] and shot him in the back,” Baird said.
She said those actions showed Johnson’s character.
“He’s a monster,” she said.
During the sentencing hearing, Will County Assistant State’s Attorney Lauren Senko said Johnson may have been 16 at the time of the incident but he made adult decisions and his actions were not impulsive.
“There was no peer pressure. The defendant acted alone during this entire offense,” Senko said.
Senko said Johnson had constant support from his family, including his sister, his mother and his grandmother. She said there was no evidence Johnson had gone through the child welfare system or having an “unstable childhood.
Senko said Johnson showed no remorse for his actions and he was only concerned about the consequences he would face.
Johnson was heard on an audio recording from the jail threatening to beat up the key witness against him and calling that witness a “rat,” according to prosecutors.
Senko said Johnson had time to stop and think about his actions.
Johnson’s attorney, Jason Strzelecki, asked for the minimum sentence for his client based on his immaturity at the time of the incident.
Strzelecki argued Johnson did face peer pressure from his friends, he did not receive a lot of support growing up and he has a desire to do better in life.
“He is not beyond redemption, your honor,” Strzelecki said.
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/shawmedia/XWNSBEBHZRGYJAN7YGRTKWNH3E.jpeg)