PLYMOUTH, Mich. (WXYZ) — A judge has ruled that Devereaux Johnson will stand trial for first-degree murder in the shooting death of his neighbor in Canton last August.
Watch Randy Wimbley's video report:
Johnson, who is accused of killing 35-year-old Nathan Morris during a neighborhood dispute, testified in his own defense during Thursday's preliminary hearing. The shooting, which was captured on surveillance video, stemmed from an alleged conflict over Morris and his family walking on Johnson's landscaping.
During testimony at the 35th District Court, Johnson claimed he acted in self-defense after feeling threatened.
"When I got about 5 feet from him, he made a threat to my life," Johnson testified. "Well, after he threatened to kill me, his exact words were, 'Will kill you n*****.' And that's when I feared for my life and shot him."
Previous coverage: 'This was a senseless act of violence.' 35-year-old father shot, killed by neighbor in Canton
However, Canton Police Sgt. Joseph Keimig, one of the first officers to respond to the scene, testified that Morris was unarmed at the time of the shooting.
"Mr. Johnson approaches Mr. Morris. Mr. Morris then backs up from him with his hands up and Mr. Johnson proceeds to shoot Mr. Morris," Keimig said.
When questioned about whether Morris had any weapons, Keimig confirmed: "Just his cellular phone."
Johnson’s lawyer, Rita Young, sought to get his murder charge reduced.
“There was conversation between them that escalated into an argument that we could not hear the words that were exchanged, but whatever was said, that created passion and anger in my client and obviously ended with Mr. Morris and as a result, shots were fired. Clearly, your honor, I think there is probable cause to establish and reduce the charge to voluntary manslaughter,” Young argued.
Marc Fedorak, Wayne County assistant prosecuting attorney, argued against the defense's attempt to reduce the charge to voluntary manslaughter.
"Self-defense? No. This is pre-meditation. The defendant made up his mind that when he went into that house that he was going to shoot and kill Mr. Morris and that's what he did," Fedorak said.
Judge Michael Gerou ultimately bound Johnson over for trial on all charges, including first-degree murder.
"I think there's certainly sufficient evidence to support all the elements of all of the charges. Count one being the most serious: homicide murder in the first degree," Gerou said.
Morris left behind a wife and two children. His mother says the shooting has devastated their family, adding that Johnson, who has a criminal history, has received numerous second chances in the past.
Johnson remains in the Wayne County Jail without bond and is scheduled to appear in court for another arraignment next week.
