Accused Cheyenne County murderers back in court Tuesday

The three individuals who currently stand accused of murder in Cheyenne County — Craig A. Johnson, Larry G. Martinez and Jason W. Custer — each have hearings scheduled for 8:30 a.m. Tuesday, with Johnson facing new enhanced charges.

Cheyenne District Judge Derek Weimer will preside in each hearing.

Here’s a breakdown of each defendant’s status:

• Johnson, 47, Sidney, is charged with felony Class 1B second-degree murder and Class II felony use of a weapon to commit a felony, in the Dec. 11, 2011 beating death of April Smith.

Upon arrival the following day (Dec. 12, 2011) at at the residence she and Johnson shared, authorities found Smith lying on the living room floor with her hands and legs bound by wire and rope.

Blood was found by deputies in a number of rooms in the house and her autopsy confirmed a blow to the head, signs of strangulation and bruises and lacerations on her face and body.

Johnson was later arrested in Michigan after a short pursuit and returned to Cheyenne County to face the charges.

At one point, Johnson was deemed incompetent to stand trial, but that ruling was later overturned.

In addition to the two charges against Johnson, Cheyenne County Attorney Paul Schaub has entered amended information on the case, adding the enhancement of habitual criminality.

If convicted, Johnson would stand to have whatever sentence is handed down, with a mandatory minimum sentence of 10 years, and not to exceed 60 years.

While seeking the enhancement via habitual criminality, Schaub noted that Johnson has been sentenced on prior occasions, all in Houston County, Texas. In December 1987, Johnson violated his probation on a 1983 burglary charge, being sent to the Texas Department of Corrections for a five-year term.

Johnson was also sentenced for another burglary charge in April 1990, where he received a 12-year sentence, and in June 1993, he was given probation after pleading guilty delivery of a controlled substance. Johnson had that probation revoked in December 1993, when he was sentenced to serve 15 years.

Johnson’s Class second-degree murder charge carries a sentence of 20 years to life imprisonment, upon conviction, and the Class II count has up to 50 years’ time attached to it.

• Martinez, 53, Sidney, was spared the death penalty on Thursday when Schaub wrote that he was convinced there was no longer sufficient admissible evidence to support the death penalty against Martinez, who is charged with the July 18 shooting death of Mandy Kershman, 30.

Instead, Schaub amended the charge to Class IA first-degree murder, and Class IC use of a firearm to commit a felony. Martinez is scheduled to be arraigned on the new charges Tuesday.

The Class IA charge, upon conviction, would result in life without parole for Martinez, and the weapons charge carries a sentence of five to 50 years’ imprisonment.

• Custer, 34, formerly of Chico, Calif., will have a status hearing on one felony count of Class IB second-degree murder and one Class IC felony count – use of a firearm to commit a felony.

Custer is charged in the Nov. 3 shooting death of Adam E. McCormick, 36, Sidney, which occurred just after midnight at 2475 San Marino Road. The shooting allegedly occurred due to a disagreement concerning a drug debt between Custer and McCormick.

Custer was later arrested at a Big Springs hotel, and booked.

Much like Johnson’s case — minus the enhanced charges — Custer would face from 20 years to life upon a murder conviction, and up to 50 years on the weapons count.

In other violent-crime news,

Alicia Green, age 30 of Sidney, appeared for a change of plea hearing on a Class II felony count of use of a deadly weapon to commit a felony. Green agreed to plead guilty to an amended Class IIIA felony charge of second-degree assault. Weimer ordered a pre-sentencing investigation, and her sentencing is set for April 3 at 10 a.m.

Green, who was arrested Dec. 3 and charged with stabbing Ronald Conger with a pair of scissors, faces a sentence of up to five years and/or a fine of up to $10,000.