Accused killer won’t face death penalty

Capital punishment off the table for man charged with first-degree murder in June Norristown slaying

NORRISTOWN >> A Philadelphia man will not face the death penalty if he’s convicted of a charge he intentionally gunned down a 19-year-old man in Norristown during a robbery that detectives alleged occurred under the guise of a drug deal.

With the death penalty off the table, Andre Marcus Johnson, 18, of the 300 block of Fountain Street, will face a mandatory sentence of life imprisonment if he’s convicted of first-degree murder, which is an intentional killing, in connection with the June 16 gunshot slaying of Desmond Johnson in Carson Alley in Norristown.

In order to obtain a death penalty, prosecutors must meet necessary legal requirements to show that aggravating factors – circumstances that make a killing more heinous – outweigh any mitigating factors – circumstances that favor a defendant. Specifically, prosecutors have 18 aggravating factors, under state law, which they can use to seek the death penalty.

Andre Johnson also is charged with second- and third-degree murder, possession of a prohibited firearm, firearms not to be carried without a license, criminal use of a communication facility and robbery in connection with the slaying.

Second-degree murder, a killing committed during the course of another felony, such as robbery, also carries a mandatory term of life imprisonment upon conviction. A conviction of third-degree murder, a killing committed with malice, carries a possible maximum sentence of 20 to 40 years

PENALTY >> PAGE 2 Johnson