Bellevue Man Missing
MAY, JOHNSON, SCHWAGER, BEBRUIN
Posted By: Anne Hermann (email)
Date: 12/16/2008 at 11:09:41
Bellevue Herald-Leader
December 20, 2001Johnson receives 3 year probation for her role
Investigative team say case of missing Greg May far from being finished
By Lowell Carlson
Bellevue Herald-LeaderJulie Ann Johnson can thank Iowa’s prison overcrowding, a smart defense and no previous criminal record for being able to spend this Christmas with her family in Minnesota.
On Thursday, Dec. 13, Johnson successfully escaped any prison time on a first degree theft charge.
Johnson appeared in Scott County District Court before District Associated Judge Gary McKendrick in connection with an attempt to sell at auction rare artifacts owned by Greg May.
Officially, the May case remains a missing persons investigation. The Bellevue tattoo artist and Civil War artifacts dealer has been missing since mid-January with investigators and family members fearing he is now dead.
Commenting after the court’s action, Bellevue Police Chief Lynn Schwager said he and the rest of the team investigating this case were prepared probation might be the outcome. Noting tight state finances and budget cutting measures Schwager said he was not surprised Johnson was able to walk out of the courtroom without prison time.
Throughout the proceedings Thursday Johnson remained subdued answering with short “yes” or “no” responses to questions from Judge McKendrick as he presided over her sentencing. Her defense team, Jerry Kinnaman and David Keegan, Cedar Rapids entered what is known as an Alford plea on behalf of their client. In essence, it acknowledges the evidence against a defendant, if entered in a jury trial, but not her right to appeal. And she could still file a motion in arrest of judgment.
She faced a maximum of 10 years in prison and $10,000 fine on the charge. Johnson had attempted to sell items stolen from May earlier this year, valued in excess of $70,000, at the Rock Island Auction Company, a firm that specializes in the sale of rare, and very valuable, firearms collections and other expensive memorabilia and collectibles.
In a recitation of the procedure McKendrick frequently stopped to ask Johnson if she understood. The response was usually a barely audible “yes” from the small woman dressed in a jailhouse orange jumpsuit.
The pre-sentencing report became the object of her attorneys attention as they sought to strike any reference to the context in which the theft occurred. Her defense also sought to make the case for her eight months of incarceration in Clinton County in connection with the theft.
Johnson’s attorney’s made special effort to disassociate their client from any reference to Douglas DeBruin, the real name of Johnson’s common-law husband here in Bellevue, Cody Johnson. Any reference to “they’ in the pre-sentencing report was rejected.
Investigators identified witnesses to Julie Ann Johnson and Cody Johnson loading dozens of boxes of May’s property into the back of an old yellow rental truck later recovered in Flagstaff, Arizona, when the two were arrested by Coconino County law.
Defense sought to have County Attorney John Kies’s recommendation on sentencing struck as well, seeking prison time for the theft.
Finally, they sought to narrowly define who were “victims’ among those seeking to submit victim impact statements to the court.
In response, Kies told the court those emotionally impacted by this crime are victims. He noted there is no record of any sort to state sanctioned marriage for Julie Ann Johnson and Cody Johnson.
The Jackson County attorney told the court the actions Johnson took in connection with this charge required planning, that they were not done on impulse but rather than required thought and preparation over a period of time to accomplish.
The county attorney recommended sentencing because a crime was involved that took planning over a period of time, that was deliberate and not an accident, all aggravating circumstance. Kies said Johnson had opportunity at each step to reconsider her actions, and she did not.
Kies continued that the crime of theft facing Johnson occurred within the context of circumstances of even greater concern.
That was beyond the scope of this court appearance however noted McKendrick, Johnson faced only the charge of theft and not her possible involvement in a man’s disappearance.
Victim impact statements
For Donald and Shannon May, children of the disappeared Greg May, the crime Johnson was being sentenced for was only the “tip of the iceberg of an even more heinous crime”.
The May children struggled through emotional statements Donald May said later took them days to compose. They flew back from Los Angeles for the sentencing they believed would include some amount of prison time because of the context in which the crime was committed.
Donald May read his statement first saying he was in court to speak for his father. May said Julie Ann Johnson knows the answers to questions about where his father is, where many of his personal items are that remains unaccounted for and that she helped rob Greg May of his possessions and his future.
“These actions are not those of a fit mother,” May suggested in reference to defense claims she wanted to resume a relationship with her three children of a marriage that ended in divorce prior to meeting DeBruin.
“Julie Ann Johnson made choices that were malicious, calculated and self-centered,” May said adding she had fled and would probably flee again. Her eight months in court jail had shown her to be uncooperative to investigators trying to locate his father May said.
“She needs to serve more time and is a candidate for prison,” said May. He told the court he rarely sleeps through the night.
Shannon May stood next as she began her statement. Steadied by her brother as she struggled again to speak in public about the loss of her father, Shannon May’s anger at the defendant was evident.
Shannon said the loss of her father, his whereabouts still a mystery, was made worse by the loss of things that were important to him and a memory of him for his family.
“Everything in my father’s home is either missing, sold or destroyed. They discarded personal items on the way to Flagstaff,” May continued.
The missing man’s daughter said she has not been able to hold employment since the loss of her father, and that she is under medication for depression.
Judge’s decision
McKendrick’s response following the two statements summarized the frustration for law enforcement and prosecution.
Facing the specific charge of first degree theft Judge McKendrick said the impact statements and other circumstances could not be considered in sentencing Johnson. The judge said those facts “are not appropriate for sentencing.”
Leading up to his decision to grant Johnson three years of supervised probation, McKendrick said prison overcrowding means that sentencing someone to prison will force releasing someone else, someone perhaps more of a danger to society.
Noting the charge is an offense against property McKendrick said Johnson “doesn’t constitute a defendant to sentence.”
With her release to live with family in the Minneapolis – St. Paul area in Minnesota, McKendrick said her release will include restitution costs, court costs and set appeal bond at $15,000.
Family reaction
The reaction of Donald and Shannon May was predictably frustration and anger that a woman they believe the key to solving the disappearance, and possible death, of their missing father could walk out of the courtroom on probation.
Shannon May observed the Christmas ahead for her family will be somber and sorrowful, that her father will not be with them for the holidays but a person investigators believe knows the secret to Greg May’s disappearance can be with her family.
Donald May had told the Bellevue Herald-Leader in a telephone interview before the court appearance he believed Johnson would serve some time in prison. He believed the circumstances of the theft would make it imperative Johnson serve some time, what with the disappearance of his father.
Other family members, and friends of Greg May attending the court appearance were equally exasperated at what seemed like justice denied.
The case is far from over though say investigators and County Attorney John Kies.
While Johnson is on three years of supervised probation. Kies said the investigation will look more closely now at Douglas DeBruin, currently serving additional prison time in Wisconsin for parole violation offenses. He is believed to be serving a new seven year sentence for violating parole requirements, including moving out of state to Bellevue last year.Kies, disappointed by the outcome, said the case remains open and new evidence could bring everybody back again.
Johnson’s future
Johnson has been released to her immediate family with ties to the Oakville, Lake Elmo area in Washington County, Minnesota. The towns are largely bedroom communities for the St. Paul area. She has been assigned to a probation officer for her area. Her mother had served as a county supervisor and was described as having some social prominence within the community according to Lake Elmo city officials.
In her behalf last week her attorneys noted she had been employed for 11 years as a chef for a country club at Lake Elmo. A check by the Herald-Leader found she had been a long time employee at the Tartan Inn, a property operated by 3M Corporation. While the club’s personal manager refused to divulge information about Johnson, he did mention she was a good chef. There was talk Johnson had been offered “her old job back” but that could not be confirmed.
Johnson had worked toward a bachelor’s degree at Stout University in Wisconsin and was three hours short of graduation her attorney told the court when she quit because of financial difficulties and resumed working as a mother with three children soon to be divorced.
She was accompanied in court by a woman believed to be her mother and a young girl, perhaps a daughter.
Neither spoke to the press last week and when a television reporter sought to make small talk with her in an effort to gain an interview he backed away immediately when he was greeted with silence and a withering stare.
At year’s end the public knows more now about Greg May in disappearance and possible death than it does about the woman who lived with him and May’s long time companion and friend Douglas DeBruin, alias Cody Johnson.
Last week St. Croix County Sheriff Dennis Hilstad told the Herald-Leader the name Douglas DeBruin was well known to his department. The Wisconsin law enforcement official and DeBruin’s criminal record “was pretty extensive.”
Extensive indeed. When Arizona law enforcement arrested DeBruin and Julie Ann Kern they had in their possession thousands of dollars worth of rare Civil War, Indian Wars and Old West artifacts.
When DeBruin came to Bellevue with Greg May in 2000, he came as a parole violator with an arrest record that included assault, robbery, battery, resisting a conservation officer, abuse of a child, possession of drug paraphernalia as well as federal firearms violations.
The mystery for those investigating this theft, disappearance and possible homicide is why? Why did Greg May and Douglas DeBruin remain friends for years? And why did Julie Ann Kern become involved with a man with DeBruin’s criminal record?
Shannon May speculates her father may have broken one of his own cardinal rules, never become friends with customers.
May, a long time tattoo parlor owner and artist, had met DeBruin through the business. Friends recall that May was the only person to visit DeBruin after his imprisonment on federal firearms violations.
At year’s end law enforcement officials say they are committed to pursuing this case and renewed their appeal to the public for any information.
The present setback is just that, but not the end of investigation of a theft, a disappearance and a possible homicide in Bellevue say investigators and County Attorney John Kies.
Jackson Documents maintained by Nettie Mae Lucas.
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