Damien Johnson and Brian Johnson, who are not related, were convicted in the death of Joseph Costanzo.
TRENTON — A jury found this morning found Damien Johnson and Brian Johnson guilty on all counts in the 2008 Trenton home invasion murder of Hamilton resident Joseph Costanzo.
The two Trenton men, who are not related, were found guilty of seven charges, including murder in the first degree and first-degree robbery, as well as several other offenses and weapons charges, by the 12-person jury. Bail has been revoked for the pair and both are expected to be sentenced to life in prison.
The two were handcuffed in their tailored suits and immediately led away by sheriff’s officers after the verdict was rendered, while family members of both Johnsons sat stoically and relatives of Costanzo quietly sobbed.
The jury’s announcement broke a long silence and tension in the courtroom, and as the forewoman read off the guilty charges for each count, Damien sat slumped, with his head down, while Brian stared straight ahead, slightly shaking his head.
The decision came after more than a week of deliberations, after the sickness of one jury member caused the discussions to be postponed. The jury reached a unanimous decision on all but one charge early last week, and the determination of the final charge took several days.
In their last communication with the court before rendering their decision, which took place earlier this morning before they reached their verdict, the group asked for clarification on the definitions of “purposely” and “knowingly.”
After court was let out, family members of the Johnsons said they were not worried because they believed they could appeal the case, and hopefully find the two “real killers.” Members of Costanzo’s family left without comment.
Mercer County Prosecutor Al Garcia spent more than two weeks painting a picture of the night of Dec. 1, 2008, when Costanzo, 38, was fatally shot through the jaw during a home invasion, and two assailants also robbed several people at the South Clinton house of money and drugs.
Brian, 44, and Damien, 38, had pointed out the house previously as a place where they believed someone was profiting from selling drugs, witnesses testified. Others who spoke from the witness stand throughout the trial said they saw Damien flaunt a large, shiny handgun on several occasions and heard both men talk about details of the invasion after it had happened. Damien also brought the heroin allegedly taken from the house to sell in Camden, one witness said.
After the robbery was committed, witness Mark Walker said the Johnsons asked him for help ditching the gun in an unnamed body of water. Another witness, Mohammad Al-Barr, said that Damien Johnson talked about the fact that Costanzo owed him money for 7 grams of crack cocaine.
Costanzo was shot after he “flinched,” one eyewitness to the attack testified. She said he was reaching for his pocket, apparently to indicate to the attackers that he had no money.
Defense attorneys Bruce Throckmorton and Kelly Smith Anderson, who represented Damien and Brian, respectively, argued that Walker and Al-Barr could not be trusted because of plea deals they had in place with prosecutors – which would get them a lesser sentence in other cases they were involved in in return for their testimony.
They also submitted that there were inconsistencies in the witnesses’ testimonies, implied that detectives had unfairly influenced the investigation of the case and pointed out that the prosecution had never recovered the gun in question.
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