VALDOSTA – The defendants named in the $100 million Kendrick Johnson wrongful death civil suit have asked a judge for summary judgement, citing a lack of evidence put forward by Johnson’s parents.
Kendrick Johnson’s body was found upside down in a vertically-stored gym mat at Lowndes High School in January 2013. A state autopsy ruled the 17-year-old’s death accidental. The Johnson family insists their son died of foul play.
Last year, Johnson’s parents filed a $100 million wrongful death suit which pointed to a conspiracy to covered up the true cause of their son’s death. The suit alleged local FBI agent Rick Bell, his two sons and 35 state and local officials either directly caused or covered up the cause of Johnson’s death.
In the year since the filing, the suit was amended to allege Lowndes County Superintendent Wes Taylor and Lowndes County Sheriff Chris Prine conspired to allow unknown persons access to the school’s old gym to hide Johnson’s body.
In October, Judge J. Richard Porter dismissed defendants from the Georgia Bureau of Investigation from the suit for procedural reasons.
Last week, the remaining defendants filed a motion for summary judgement, which claims the wrongful death suit is based on “unfounded assertions” that defendants in the suit “engaged in a conspiracy to cover up the cause of Kendrick Johnson’s death,” according to court documents.
A portion of deposed testimony given by Johnson’s father, Kenneth Johnson, was filed in support of the motion. Jim Elliott, legal counsel for the Lowndes County Sheriff’s Office, questioned Kenneth Johnson about suit’s claims.
Excerpt from the deposition of Kenneth L. Johnson, Sr., taken on 10/27/2015
Elliot: Okay. Mr. Johnson, who fabricated the story that Sheriff Prine, Superintendent Taylor, and Special Agent Rick Bell hid your son’s body in the Lowndes High School gym?
Johnson: Are you asking me who lied?
Elliott: I’m asking you who fabricated the story.
Johnson: I don’t know at this time
Elliott: Okay. Did you fabricate the story?
Johnson: No.
Elliott: Did you provide that information to your lawyer?
Johnson: I don’t know at this time.
Elliott: Who fabricated the story that Sheriff Prine and Superintendent Taylor permitted other persons into the gym for the purpose of hiding your son’s body?
Johnson: I don’t know at this time.
Elliott: Okay. Did you fabricate that story?
Johnson: No.
Elliott: Did you provide that information to your lawyer?
Johnson: I don’t know at this time.
Elliott: All right. And even in light of all that, you authorized your lawyer to file the amendments to the lawsuits that are pending that make those allegations?
Johnson: Yes.
Chevene King, the Johnson’s lawyer, filed a response to the summary judgement motion which alleges the Lowndes County Sheriff’s Office conducted a “deliberately contrived investigation” into Kendrick Johnson’s death. King asked the motion be denied and that the wrongful death suit be heard by a jury trial, according to court documents.
Judge Porter could grant a hearing on the motion as early as next month.
A federal review of the investigation of Johnson’s death is in its third year.
