News writer
A $138 lottery ticket should have been a small stroke of luck — but for Daniel Lee Johnson and Steve Bailey, it became the spark for a deadly confrontation. What started as a dispute over who should claim the winnings ended with Bailey dead, Johnson convicted of murder, and now, a legal battle over whether he was acting in self-defense.
As the courts take a second look at the case, the question remains: Was this a tragic accident, a reckless act, or something in between?
A fight over a lottery ticket
On April 10, 2021, Daniel Lee Johnson shot and killed his friend, Steve Bailey, during a financial disagreement. The pair had known each other for about a year at the time, but on that day, they got into a fight over a winning lottery ticket worth $138.
The winning ticket was Johnson's, but Bailey took it to redeem it after Johnson thought Bailey had given it back to him, court documents obtained by KSL revealed.
Johnson eventually told Bailey to keep the money and stay away from his family. However, Bailey later came to Johnson's home and was repeatedly asking to talk with Johnson.
Inside the house, Johnson's son told his dad that Bailey seemed to be very made, and Johnson reportedly told officials he was scared. Johnson later observed that Bailey was very aggressive and angry. He grabbed a pistol before walking to the front door. During an altercation at the door, Bailey was shot and killed.
What happened during that altercation?
That is the question here: What led to the overturning of Johnson's conviction and the request for a new trial? Johnson's attorney asked a judge to instruct the jury on perfect and imperfect self-defense during the initial trial, but the judge denied the request, according to the Utah Court of Appeals.
They feel the court should have granted the request to tell the jury about imperfect self-defense, and because they left out those instructions, it hurt Johnson at the initial trial.
So, what happened during that altercation? According to the appellate judge's opinion, Bailey was trying to slam the storm door when Johnson moved his left hand, which was still holding the pistol, up to block the door. During that time, the gun went off, and Bailey “fell backward,” the judge stated.
The appellate court opinion states Johnson then went inside, put the gun away, and took his kids to his neighbor's house. He then put Bailey's body in Bailey's car, drove to a church, and abandoned it.
Police eventually found the body and interviewed Johnson, who told police he had shot the man, but it was an accident. He told police Bailey had scared his kids, and he grabbed the gun to scare him.
During the trial, he also testified that he never intended to shoot Bailey, but he wanted to scare him away. However, details of how the gun went off were different during the trial than Johnson had explained during his police interview.
Imperfect self-defense
Mind you, this was all over a $138-winning lottery ticket. However, Johnson was convicted during that first trial, and he was sentenced to a term of 15 years to life in prison for murder, one to 15 years for obstructing justice, and two sentences of zero to five years in prison for abuse of a body and use of a firearm as a restricted person. All of those charges are felonies.
With this new trial that was ordered, if the jury determines Johnson acted in imperfect self-defense — or thought he was defending himself even though his actions did not meet the legal definition of self-defense — he could be found guilty of a lesser manslaughter charge.
While the initial judge didn't think Bailey pounding on the door and making loud noises constituted an imminent risk of death or serious injury, the Utah Court of Appeals disagrees. They think the jury was entitled to an instruction on imperfect self-defense because there was a reasonable basis for a jury to determine whether he acted in imperfect self-defense.
The appellate court stated Johnson's son repeatedly told the Children's Justice Center that Bailey was going to attack or push his dad before the gun fired.
Enjoy playing the lottery, and please remember to play responsibly.
Comments