Kevin Johnson

Case Background

On September 23, 2007, Officer D.B. Vereen responded to a break-in in progress in Durham, North Carolina. While investigating the break-in, Officer Vereen was shot and critically injured. Officer Vereen was rushed to the hospital, and while awaiting treatment he provided a statement that included descriptions of the two suspects. One was described as “a black male, 18 to 20 years old with medium brown skin and short hair.” The second person, who shot Officer Vereen, was described as having “corn rows or dreads.”

Despite having been bald for several years, Kevin became a suspect based on a tip from a confidential source. Kevin was excluded from all of the physical evidence found at the crime scene, and his girlfriend told police he was with her at home when the crime happened. In contrast, a fingerprint from the crime scene matched a man named David Williams, and DNA collected from a boot left behind by one of the burglars strongly implicated Williams. Williams also had short braids, which fit Officer Vereen’s description of the shooter. There were other fingerprints that did not match Kevin, Williams, or the homeowner.

Williams was questioned by Investigator George Bryant in a recorded interview and initially was uncooperative. However, during the interview, Sergeant Jack Cates called Investigator Bryant’s cell phone, had him hand the phone to Williams, and then spoke to Williams for a minute or two. The recording did not capture what Sergeant Cates said to Williams. Immediately after the phone call, Williams admitted to being involved but said that Kevin was the shooter. Williams later had his bond reduced from $1,000,000 to $5,000.

At Kevin’s trial in 2010, Williams repeated his claim that he committed the break-in with Kevin and that Kevin was the shooter. After his testimony, Williams was given a plea bargain through which his most serious charges were dropped, and he was sentenced to probation.

Kevin was found guilty of attempted first-degree murder, assault with a deadly weapon with intent to kill, inflicting serious injury, assault with a firearm on a law enforcement officer, second-degree burglary, and possession of a firearm by a felon. He was sentenced to between 24 and 30 years in prison.

Center Involvement

In 2020, the Center obtained a recantation affidavit from Williams after he received immunity from the Durham County District Attorney’s office, protecting him from perjury charges for any false testimony at trial. Williams acknowledged in the affidavit that he committed the crime with another individual, and Kevin was not involved. Williams also admitted he had an undisclosed agreement with the State promising leniency in exchange for his testimony against Kevin.

Based on that revelation, the Center filed a Motion for Appropriate Relief on Kevin’s behalf. In June 2023, an evidentiary hearing on the MAR was held before Judge Edwin Wilson.

During the evidentiary hearing, a witness testified that Williams previously admitted that Kevin was not involved in the crime and that he (Williams) was the shooter. Williams was combative during his hearing testimony and refused to stand by his 2020 affidavit, but he did admit that a portion of his trial testimony was untrue. The Center also presented testimony from Kevin’s former girlfriend, who would have testified as an alibi witness for Kevin at trial had she not been facing unwarranted charges associated with the case.

Based on the serious issues with Williams’ credibility, the DA’s Office consented to Judge Wilson vacating Kevin’s convictions. A few weeks later, the DA’s Office dismissed all of the charges.

Kevin was wrongfully incarcerated for more than 15 years before his exoneration in June 2023. He currently has a petition for a pardon of innocence pending with the Governor’s Clemency Office.

Reentry was very difficult for Kevin, and, unfortunately, he began relying on selling drugs for income. He was eventually caught and is serving time for the crimes he committed, with no consideration for the 15 years he served for a crime he did not commit.