Judge Constance Sweeney allowed Johnson to remain free pending sentencing.
Damion Johnson
SPRINGFIELD - A Hampden Superior Court jury Thursday found 21-year-old Damion Johnson guilty of involuntary manslaughter in the Nov. 27, 2011, shooting death of his brother Jefforey Johnson at the family home at 101 Beech St. in Holyoke.
The jury also found Johnson guilty of possession of a firearm without a license and misleading investigators.
Johnson will be sentenced Friday morning by Judge Constance M. Sweeney. She allowed Johnson to remain free on bail until sentencing, despite Assistant District Attorney Joan Dietz' request Johnson be held in custody overnight.
Defense lawyer Calvin C. Carr said Johnson is not a flight risk and has been to all court appearances.
Damion Johnson had testified his brother Jefforey owned two guns, and would load them with "duds," then pull the trigger to scare him. Because Jefforey had removed the powder from the bullets, there was only a pop, he said.
Damion Johnson said when he pointed a gun at his brother Nov. 27, 2011, he thought the gun was unloaded. He said it was his turn to play the game and scare Jefforey.
Dietz argued Johnson's actions were wanton and reckless with a substantial risk of causing harm to another and said that warranted and involuntary manslaughter conviction.
More details coming on MassLive and in The Republican.