Defense attorney calls road rage killing of 11-year-old ‘accidental situation’

A defense attorney for the man accused in the deadly road rage shooting of an 11-year-old boy told a Henderson judge Tuesday that it was “time to clarify the facts of the case.”

“We hear from different witnesses, different vantage points,” Tyler Johns’ attorney, Ryan Helmick, told Justice of the Peace Barbara Schifalacqua.

Helmick challenged witness statements given by the victim’s stepfather, Valente Ayala, who told authorities Johns was the aggressor.

Authorities have said that Johns and Ayala were “jockeying” for positions on the westbound 215 Beltway near Gibson Road after merging from a flyover interchange Friday morning. The two men rolled down their windows and argued before the shooting happened.

Brandon Dominguez-Chavarria, 11, was in the backseat when Johns fired into an SUV driven by Ayala on Friday. The boy was hit in the head and died later at a hospital, according to police.

“The gun was raised in an effort to deter the other driver,” Helmick added. “The other driver was leaning out the window, cussing at (Johns) in Spanish, cussing at him in English, threatening him. … I don’t think someone would say to themselves, maybe there’s somebody — kid or adult — in the car, when the somebody is driving like this.”

Ayala and Dominguez-Chavarria were heading to the boy’s school, authorities have said.

Held without bail

Helmick, who called the shooting an “accidental situation,” requested that the judge set Johns’ bail at $50,000 with electronic monitoring, prohibit him from possessing weapons, and impose additional conditions.

During the hearing, Johns, who showed no emotion, wore a red jumpsuit and black eyeglasses, with three officers standing nearby. Immediately after the shooting, he was arrested and booked on charges of open murder and two other felonies related to firing a weapon from a vehicle into another occupied vehicle.

Johns’ relatives, who Helmick said had come from California to show their support, filled the back row of the courtroom.

Schifalacqua denied Helmick’s request, ordering Johns to remain held without bail.

She made her ruling after hearing testimony from Henderson Police Department Detective Kari Skinner, who led the homicide investigation. The detective said about six people witnessed the shooting and provided statements to the police.

“Those witnesses all corroborate each other’s stories. With some of them, there are variances,” Skinner said. “One in particular is a witness who stated he, too, had an interaction with Mr. Johns just prior to the interaction with Ayala.”

The detective added that Johns had also swerved to stop that witness from passing him.

Helmick questioned Skinner about the statements of another witness, Edward Mack, who said Ayala was “angrier and the aggressor” in Johns’ arrest report.

Helmick first asked Skinner, “Is it safe to say that Mr. Ayala was driving recklessly that day?” to which the detective replied that she did not have an opinion on that.

“Let me rephrase that. Was Mr. Ayala — who Mack said was ‘jockeying and breakchecking’ — driving appropriately?” Helmick asked the second time.

“In my opinion, no,” Skinner replied.

‘He took my son’s life away’

Dominguez-Chavarria’s mother, Rubi Chavarria, who was joined by a dozen teary-eyed family members in the gallery, also gave a statement. As she stepped up to speak, she balled her fist, glaring at Johns.

“Road raging does not give you the right to shoot anybody. That’s not what your firearm is for,” Chavarria said.

“He took my son’s life away. Nobody should go through what I’m going through,” the mother added. “(Johns) needs to be here and pay for what he did. He does not deserve bail.”

The judge sided with Chavarria, saying that she had considered all the evidence and the “totality of the circumstances.”

“The court will hold you no bail,” Schifalacqua told Johns. “The court, quite candidly, could not underscore the danger of this enough because this was a stranger, and it was amongst other citizens of Henderson.”

She scheduled his next hearing for Dec. 4.

After the hearing, family members of the defendant and victim declined to speak with media. But Helmick told reporters that Johns is innocent.

“We’re going to prove that in court,” Helmick said. “So, I ask your audience to please keep an open mind.”

Contact Akiya Dillon at adillon@reviewjournal.com.