Brothers Shane and Travis Johnson were living together in a basement on 2nd Avenue until the night Shane Johnson allegedly shot Travis.
The public incident report the Havre Police Department gave to City Judge Margaret Hencz told the story of what happened at the Johnsons’ residence after Travis Johnson was taken to the hospital Saturday.
Havre Fire Department personnel and Havre Police officers were dispatched to the 700 block of 2nd Avenue in response to a 10:04 p.m. call from Donna Biem, the Johnsons’ mother, who said Travis Johnson was unconscious and was not sure if he was breathing.
This call was not listed in the police department dispatch log.
Officers arrived and assisted Johnson, who had trauma to the left side of his head and was bleeding and barely breathing. He was transported to Northern Montana Hospital and shortly after pronounced dead.
Emergency medical technicians suspected Johnson’s death was caused by a gunshot wound to the left side of his face. The weapon used was a small caliber. The hospital also identified the wound as a gunshot.
“It was later determined at autopsy that Travis had been killed by a gunshot wound to the head,” the affidavit says. “The bullet had entered in the area of the left cheek and had gone into the brain. The bullet that was recovered from Travis was consistent with a .22 caliber.”
The affidavit reports that Travis Johnson and Shane Johnson are brothers and occupied rooms in the basement of the house. Donna and Robert Biem live in the same house.
Havre Police Sgt. Michael Labaty, who wrote the affidavit, wrote he saw blood smears on the floor of the living room and “the scene had the appearance that a struggle had taken place.”
The jury in the murder trial of Shane Johnson of Havre Tuesday night could not come to a decision on the first charge filed against him but convicted him of a lesser included offense offered over the objection of his attorneys.
Johnson, born in 1968, was charged with deliberate homicide in the Nov. 9 shooting death of his brother, Travis Johnson.
After deliberating some four hours or more, the jury notified state District Judge Dan Boucher they had reached a verdict before 8 p.m., but then sent a note saying they may have filled out the verdict form improperly. The jury had marked “not guilty” on the deliberate homicide charge when they had not been able to reach a verdict, the note said, but had reached a verdict on the charge of negligent homicide.