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Article from the Chicago Sun Times
Accused N.C. brothers will face death if convicted
September 8, 2004
BY CHRIS FUSCO Staff Reporter
Two brothers accused of killing two friends from the Chicago area on Saturday in North Carolina will face the death penalty if convicted.
Tony H. Johnson, 20, and Timothy W. Johnson, 22, were ordered held without bond in Wake County District Court on Tuesday for the murders of Kevin M. McCann of Chicago and Brett J. Harman of Park Ridge, which prosecutors said is now a death-penalty case. McCann and Harman, both 23 and friends since boyhood, were shot while tailgating outside a North Carolina State football game in Raleigh. Harman was a Marine officer based at nearby Camp Lejeune.
Besides the court appearance, Harman's family stepped forward with details about what police told them on Sunday about the shootings. Contrary to a witness quoted in news reports, McCann and Harman did not pull one of the Johnson brothers out of a car and beat him, said Harman's older brother, Rob Harman, 28. His recollection was backed up by a friend who is a Chicago Police officer who talked to investigators with him.
"One of the Johnson brothers was driving recklessly. A group of people stopped his car after he hit another car and tried to leave," Rob Harman said. "My brother and Kevin came to his aid, calming the crowd and helping Johnson to leave."
Rob Harman also provided details about what happened when the Johnsons allegedly came back.
"One of the brothers broke a bottle and tried to attack Kevin. Brett intervened, was cut across the face and tackled one of the Johnsons," he said. "The other brother shot Brett in the neck from close range. Kevin ... attempted to tackle the shooter and was shot in the head."
The Wake County sheriff told the Associated Press on Tuesday a weapon matching the description of the gun in the shooting was found in a lake. In court, Judge Shelley Desvousges made sure each Johnson had a court-appointed lawyer. The Johnsons did not enter pleas.
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