The Register-Herald, Beckley, West Virginia

Local News

January 6, 2009

Lewisburg couple get probation in death of wife’s elderly sister

By Christian M. Giggenbach

LEWISBURG — A Lewisburg man and his wife received probation rising from their misdemeanor plea to neglect of the woman’s 81-year-old sister, who was found dead in the defendants’ home and had maggots eating away at her flesh.

Both Jean King Johnson, 78, and husband Robert H. “Jake” Johnson, 81, remained silent during separate hearings Monday when Circuit Judge Joseph P. Pomponio sentenced them to one year at Southern Regional Jail. Pomponio immediately suspended both sentences and placed the defendants on one year of probation.

According to court documents, the body of Francis Hanna King was found in the Johnsons’ home on Sept. 17, 2007. An autopsy found that her body had severe bed sores and she was in a diaper full of urine and feces. An infestation of maggots was also present.

Police were notified by a funeral home director who had been contacted by the Johnsons concerning King’s death.

The Johnsons were indicted in February 2008 on felony charges of neglect of an incapacitated or elder person. Jean Johnson was also charged with the misdemeanor offense of intimidation and retaliation against a public official or employee.

Felony charges against the couple were dismissed after they pleaded guilty to the lesser misdemeanor offense of neglect of an incapacitated or elder person. Assistant prosecutor Jennifer Dent, who appeared for the state during sentencing, declined comment, stating the case had been handled by former prosecutor Kevin Hanson. Hanson could not be reached for comment.

A state medical examiner’s report ruled the death as a homicide.

“The circumstances surrounding the death as well as the investigation and postmortem findings underscore severe caretaker neglect of the decedent, who reportedly suffered from dementia and required assistance with all daily actives, including ambulation, feeding and basic personal care,” state chief deputy medical examiner Dr. Zia Sabet wrote. “Given the evident caretaker failure to provide or arrange for basic personal and medical care of the decedent, culminating in unattended prolonged immobilization, very poor personal hygiene, emaciation, as well as severe infection and maggot infestation of bed sores, altogether contributory to the demise, the manner of death is ruled as homicide.”

Jake Johnson’s lawyer, E. Lavoyd Morgan Jr., called the situation “sad” and said his client’s age contributed to the lack of care given to King.

— E-mail: cgiggenbach@register-herald.com

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