‘Chronic DWI offender’ on trial

PHOTOGRAPHER: Jim McGuire

A Johnstown man with a record of four felony drinking and driving arrests is standing trial in Fulton County Court for the third time since 2001.

Jury selection began Monday in the trial of John D. Johnson, 39, of Walnut Avenue.

Testimony is expected to begin this morning before Judge Polly A. Hoye.

Johnson, who won acquittal in 2002 on a felony assault charge but was convicted in 2005 of felony driving while intoxicated, is represented this time by Amsterdam lawyer William Martuscello.

Assistant District Attorney Chad Brown, who faced Johnson in both of the prior trials, is prosecuting again.

“Mr. Johnson is a chronic DWI offender,” said Fulton County District Attorney Louise K. Sira.

“The circumstances in all his offenses are very similar,” she said, noting that when Johnson is stopped by police he customarily runs to evade arrest.

Sira said she cannot discuss Johnson’s specific criminal history, but records show he was convicted of felony DWI in 1989, 1998 and 2005.

After the 2005 conviction he was sentenced to a prison term of 11⁄3 to 4 years.

He was on the road again Aug. 4 when he was arrested by Johnstown police.

He was indicted in October on one count of felony DWI.

If convicted at this trial, Sira said Johnson could receive a maximum sentence of 21⁄3 to 7 years.

At his 2005 trial, represented by former Amsterdam lawyer Deborah Reyes, Johnson was accused of parking his car on Route 29 in the town of Johnstown and falling asleep.

When Fulton County Sheriff’s deputies awoke him, Johnson exited his vehicle and ran, officials said at the time. During two prior arrests, he also ran from police, officials said in 2005.