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Johnson probable cause hearing set

NEW ULM — A probable cause hearing in the case of a 58-year-old rural Searles man who faces a 3rd-degree murder charge for the death of his wife was set for April 26 in Brown County District Court Monday.

Duane A. Johnson, 18151 Sperl Ave. S., already facing felony criminal neglect and felony receiving stolen property charges, was charged with felony 3rd-degree murder March 11 after final autopsy results from the Ramsey County Medical Examiner showed Johnson’s wife Debra died of methamphetamine toxicity Jan. 24.

At a pre-trial hearing Monday, Johnson’s attorney and public defender John Yost of New Ulm questioned probable cause for the murder charge and said he did not have any documents that say Debra Johnson died of methamphetamine toxicity.

Deputy Brown County Attorney Dan Kalk said he would get the autopsy report for a probable cause hearing set for 2:30 p.m., Friday, April 26. Jury trial dates for the case are set for June and July.

According to court documents, Johnson admitted he procured methamphetamine and provided it to his wife who meets the definition of a vulnerable adult, according to Minnesota Statute 609.232 subd. 11(4). Duane Johnson meets the caregiver definition, according to Minnesota Statute 609.232, subd. 2.

In a police interview, Johnson said he had at least 47 guns at his home, many of which were stolen. A search of his home showed many guns, ammunition boxes, a prescription bottle of Hydralazine and an empty bottle of Benzatropine with his wife’s name on it and unidentified pills.

According to the complaint, Brown County Sheriff’s Deputy Jason Fairbairn learned of a deceased person at 18151 Sperl Ave., Searles, at 11:44 a.m. Jan. 24. He and several other sheriff’s office personnel, New Ulm police and the Brown Lincoln Renville Redwood (BLRR) Drug Task Force personnel went to the location.

At the home, the words “Death Parde God Hell” were written in red spray paint on a front-screen door. Johnson, appearing to be nude, swung open the screen door and yelled “My wife is dead upstairs.”

Johnson told police his wife was “shaking so violently, he couldn’t stand seeing her flop around anymore.”

When asked why he didn’t call for an ambulance for his wife, Johnson said the last time she was taken to the New Ulm Medical Center and was revived, they made his life “_hit.”

Officers found the body of Debra Johnson at the top of a narrow stairway. The body was wrapped tightly, head to toe, in a gray bed sheet, fastened with what appeared to be a belt.

Officers checked Johnson for vitals, did not detect a pulse and noticed some rigor mortis on her arms. Officers said she felt warm to the touch.

Johnson said his wife had been “flopping” around for two days and could not eat or drink. He said he held her tightly to keep her from hurting herself on the floor.

In addition, Johnson said his wife has been in a Litchfield nursing home and that she begged him to get her out of it so she could die at home. Johnson said his wife couldn’t sleep because she shook badly. He said he couldn’t stand to see her suffer anymore and he promised her a party.

Johnson said his wife did not want him to call 911 as she didn’t want to be in pain anymore.

He said be had a “death party” for his wife that began about five days earlier, which was what she wanted.

Contrary to medical advice in September 2018, Johnson removed his wife from care at Meeker Manor Transitional Care, according to the complaint.

Fritz Busch can be emailed at fbusch@nujournal.com.

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