Johnson case: Byron Smith, Chuck Ledbetter, Rick McCreary

Murder victim Donna Ogletree Johnson.

Johnson case: Byron Smith, Chuck Ledbetter, Rick McCreary

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Thursday, August 5. 2010

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Part 11 in a serialization of interviews published on the 26th anniversary of the brutal murder of Donna Johnson:

Judge E. Byron Smith:

Smith was Flint Circuit District Attorney at the time of the murder and is now a senior judge serving in the Griffin circuit.

“When I got to the scene, I remarked that they better catch somebody tonight because people had trampled all over the evidence. “Over the years, we had all kinds of suspects and evidence come up but none of it ever panned out. I always figured it was a serial killer just passing through the area or a random event.

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#1 Anonymous on 08/05/10 at 09:11 AM

"“Had it ever gone to trial, I would have asked for the death penalty. It was brutal. She was hogtied, raped and had been run over. It was definitely someone who knew about knots.”"

I TOLD YOU ABOUT THEM DAMN KNOTS! This man had bound a lot more than Donna Johnson.

#2 Anonymous on 08/05/10 at 09:15 AM

Heck, I don't like Buice and never have. I laughed at his mis-spelled campaign ads. But THANK YOU BUICE FOR TRYING!

#3 Anonymous on 08/05/10 at 09:18 AM

"“In all my years I have not talked to the press about an active case except for issuing press releases.”

Issue a press release on this then. This is stupid and the current administration seems like it will fight tooth and nail before allowing anything Buice did RIGHT (which is very little) help anyone.

#4 Anonymous on 08/05/10 at 09:35 AM

That last one is as crooked as you can get.

#5 Anonymous on 08/05/10 at 09:37 AM

Contact Atlanta

2635 Century Parkway N.E.,
Suite 400
Atlanta, GA 30345
Phone: (404) 679-9000
E-mail: atlanta@ic.fbi.gov

Special Agent in Charge
Brian D. Lamkin

Assistant Special Agents in Charge
• Paul J. Fike (Acting)
• Ricky Maxwell
• Jaclyn Zappacosta

#6 NoReasonWhatsoever on 08/05/10 at 10:19 AM

Such a gorgeous young lady. Only an animal could kill someone so beautiful.

#7 Anonymous on 08/05/10 at 11:55 AM

for what?

#8 Anonymous on 08/05/10 at 12:27 PM

I think that all persons of interest and people involved in the case should take a polygraph. I know that its not admissable in court but who cares. Atleast the people of this town will come to a better light. I wouldnt be suprised if some official was involved in one way or another and now is hoping that nothing else comes up about it. It got pushed aside years ago and they got lucky. Now do whatever it takes to keep this from moving forward.

#9 NOT Shelia Tolley on 08/05/10 at 12:54 PM

I bet you he has a sacred collection of bondage pornography and may frequent free or paid rape pornography sites. He would keep the collection in a place that he fights for. He would probably get very defensive over this place. I.e. a computer, or shed or locked filing cabinet or a GARAGE. If he were in a a relationship, the woman would be a submissive type and he would not stay with a woman very long that wouldn't eventually give in and let him tie her up and gag her while "role-playing" rape. His crimes will be committed during areas of high stress when he is in need of control and release. For example, after a death of a parent or an impending divorce. He would be very proficient in the area of evidence and forensics. If he spent so much time studying and perfecting knots imagine the time he spent studying how to get away with it in order to re-live the sexual experience.

One thing is for sure, after getting away with it once, he has done something like that again. We need all the help and ideas we can get.

ARE YOU MARRIED OR DATING SOMEONE LIKE THIS?? After reading the responses here, I am sure law enforcement will not tell ANYONE what you say. I also hope law enforcement would do whatever they can to protect you from such an awful person. Isn't that what they are here for?

I hope it's not just to do drug busts for the seized money and property. The DEA - FEDS - were called in for that huge ecstacy bust the other day but the FBI hasn't been called for Donna? Priorities should be evaluated here. Maybe it's because there are no drug cartels for Milam to worry about with Donna. It's just a bunch of old women who like to armchair quarterback, right?

Are we being represented by people who care or is it all smoke and mirrors?

I am not feeling too safe. Shelia may have not said much that I agree with but I tell you one thing, she was spot on when she said "LOCK AND LOAD." Georgia law allows you to use deadly force in defending your property or persons. By law, you can't even be sued for wrongful death.

#10 Anonymous on 08/05/10 at 01:11 PM

That's the atlanta divison of the FBI. They might really like to know about such an evil individual. They might even care enough about the citizen's opinion around here that they help out using their resources. Especially with the highly qualified EXPERT opinions. Maybe someone will even feel secure enough in the FBI that they will tell them something they wouldn't tell the local people.

Quick, get them before the DA and his peeps write and tell them all the reasons they should stay away from little old Barnesville. We need federal resources because little old barnesville's resources are too busy preparing the defense's case.

#11 Anonymous on 08/05/10 at 01:15 PM

I am sure she was just another trophy for him. I bet his thinking is "What a beautiful women. I would love to tie her up, gag her, and rape the pretty little thing. She should be mine." Only people with a conscious think like you.

#12 Anonymous on 08/05/10 at 01:17 PM

What has he allegedly done?

#13 Anonymous on 08/05/10 at 03:28 PM

Notes obvious ulterior motives for his congradulatory remarks to buice.

#14 Anonymous on 08/05/10 at 04:20 PM

ALLEDGEDLY there were at least 2 people involved and possibly up to 4. I think Donna's eyes being gouged out speak volumes. Donna saw something she shouldn't have.

#15 Sheila Tolley on 08/05/10 at 05:45 PM

You misspelled the word misspelled yourself.

#16 Sheila Tolley on 08/05/10 at 06:10 PM

You know Walter, I think that one blogger is correct. The Federal Bureau of Investigation may be the most prudent coarse of action. What can it hurt? Twenty Six years. That is a long damn time. Let's have a Donna Day. I really wish you would just do whatever it takes to get them on down here. I know it will make Jimmy and Becky both very happy. After all, who would not want this murder solved? Everyone keeps talking about those files that are waist-high. They just need some fresh eyes to look at and extrapolate pertinent data. I volunteer my services. These people are sick of my blogging, they tell me to get a hobby, to get a life. Hell, I feel years younger already. I bet the GBI would be happy to have the help also. MR. Milam and Sheriff Waller are absolutely snowed under, that is a no brainer. Just read the paper. Can we get the FBI on in here before more people with memories die?

#17 Anonymous on 08/05/10 at 06:57 PM

I congratulated Buice in a previous post for his work on the case above. I never voted for him and always thought he didn't have the intelligence needed to run a Sheriff's Department. I do appreciate his effort in this case however.

#18 Anonymous on 08/06/10 at 02:42 AM

Talking about ole ricks remarks congradulating buice, definate ulterior motives there

#19 Anonymous on 08/06/10 at 06:44 AM

Johnny Johnson did take a polygraph and Failed it................. Wow if he was a loving husband how:::::::::::::::: Give him the breath poly it is more accurate than the traditional poly..... He may not have put his hands on her, but bet ya ass he had it done,,,,,,,

#20 NOT Shelia Tolley on 08/06/10 at 07:57 AM

Shut up Shelia! I am not perfect either. But I know I don't hog-tie women and rape them. Oh, and I wasn't running for Sheriff. If I were, I would have had a smart editor like Walter to correct my mistakes.

#21 Anonymous on 08/06/10 at 07:59 AM

Tell us all the things he ALLEGEDLY did wrong and corrupt.

I am sure there are great people who give a dang reading this stuff.

#22 Sheila Tolley on 08/06/10 at 09:50 AM

He sure misses alot of mine.

#23 Sheila Tolley on 08/06/10 at 09:51 AM

Who is Johnny Johnson?

#24 Sheila Tolley on 08/06/10 at 10:00 AM

Now don't go and get angry with me, NOT Shelia Tolley. You have the smartest blogs on this site to me. I do not even complain when you spell Sheila wrong. You are highly intelligent, I can tell. I love you, do you love me?

#25 NOT Shelia Tolley on 08/06/10 at 01:22 PM

Do you write columns for the BHG or PCJR?

Walter lets people come here and make fools of themselves if they want to. A lot of things can be discussed anonymously that people are afraid to talk about with a name attached. I grew up hearing tales of the ALLEGED Dixie Mafia and how they ALLEGEDLY took out a local Sheriff and had a nice little racket game going. Things aren't always as they should be. No one should be against bringing the FBI in unless they have something to hide.

#26 NOT Shelia Tolley on 08/06/10 at 01:29 PM

I like you. I have not fallen in love with you yet. I agree with you sometimes and I do enjoy your logic, intelligence and humor. I think you are brave if Sheila Tolley is your real name. I am smart but not that brave. I prefer to make folks fight if they want to find me.

#27 Sheila Tolley on 08/06/10 at 02:49 PM

I can guarantee you that if I write a blog, I sign my real name Sheila Tolley BUT I cannot guarantee you that every blog that is signed as Sheila Tolley was written by me.

#28 Sheila Tolley on 08/06/10 at 05:14 PM

I do not know enough about anything to be a danger to anyone. I just enjoy blogging. As I have stated before, I just hope the people(s) that done these terrible things to Donna are caught while here on Earth. I believe in God, Heaven, Hell.....some little thing will cause someone to tell facts. Salvation, cancer... it may be years from now, probably will but....What goes around..................................

#29 anon on 08/06/10 at 08:47 PM

I thought his name was Jimmy not Johnny

#30 Anonymous on 08/07/10 at 07:10 AM

I think you both sound stupid!!

#31 NOT Shelia Tolley on 08/07/10 at 02:40 PM

Aw. I am sorry I have come in here and upset you. Maybe you should stop reading.

#32 Anonymous on 08/07/10 at 03:13 PM

Actually, he spelled it correctly, he just hyphonated it.

Was that too much for you to comprehend also?

#33 Edna on 08/07/10 at 09:43 PM

How do you hyphonate words. I know how to insert a hyphen or hyphenate

#34 Anonymous on 08/08/10 at 06:47 AM

Good, then explain it to Tolley, please. Apparently she is not as smart as you.

#35 Sheila Tolley on 08/08/10 at 08:43 AM

Is this my Edna back? I hope so. This Anonymous Feathered Tribe are growing faster than obama lies. They are outnumbering me, but I am reloading.

#36 Sheila Tolley on 08/08/10 at 08:48 AM

Another weightless Anonymous opinion. We could use them in our book as filler Not Shelia Tolley, imagine how little they would weigh.

#37 Sheila Tolley on 08/08/10 at 08:52 AM

Pizza.

#38 Edna on 08/08/10 at 02:41 PM

Apparently they didn't understand I was actually correcting the spelling of hyphenated.

I guess that's what using tap words in texting on phones these days will do to a person's spelling.

#39 NOT Shelia Tolley on 08/08/10 at 05:59 PM

Shelia, you need to take your African violets home and reconsider this book about us B$%^hes unless you have the editorial and emotional skills needed to correct all of my errors. I am saddened that this whole thing is over my grammatical mis-take.

#40 NOT Shelia Tolley on 08/08/10 at 06:23 PM

TWO! That's two sets of african violets! And just for good measure, I want a bunch of humble dahlias mixed in. You should look them up. Son hermosas, exquisitos y exóticos.

#41 Sheila Tolley on 08/08/10 at 07:58 PM

Bless their little hearts.

#42 Anonymous on 08/09/10 at 02:38 AM

Don't worry, your "Sheila Tolley" themed opinion carries the same weight as an "Anonymous" one does.

#43 Anonymous on 08/09/10 at 02:42 AM

Correction to your inaccurate "facts" yet again, Georgia law does NOT allow for deadly force to be used to protect any "property", you may only use deadly force if a human life is involved and endangered (like if an intruder kicks in your door and tries to get in, you can use deadly force, as your life is considered to be in danger, you aren't protecting property).

You folks should at least google some of this crap. At least Tolley uses Wikipedia, not that it is much more factual.

#44 NOT Shelia Tolley on 08/09/10 at 06:53 AM

Here are some facts for you.

O.C.G.A. § 16-3-24
Use of force in defense of property other than a habitation

(a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:

(1) Lawfully in his possession;

(2) Lawfully in the possession of a member of his immediate family; or

(3) Belonging to a person whose property he has a legal duty to protect.

(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.

O.C.G.A. § 16-3-23.1
No duty to retreat prior to use of force in self-defense

A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.

O.C.G.A. § 51-11-9
Immunity from civil liability for threat or use of force in defense of habitation

A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.

#45 Anonymous on 08/09/10 at 07:12 AM

Love you!

#46 Sheila Tolley on 08/09/10 at 07:48 AM

They will get over-it. If knot, we do knot care.

#47 Sheila Tolley on 08/09/10 at 07:49 AM

I miss Johnny Carson.

#48 Sheila Tolley on 08/09/10 at 08:01 AM

Are they are beautiful, exquisite and exotic? Do they come with green cards?

#49 Sheila Tolley on 08/09/10 at 08:26 AM

Actually I travel over to New Orleans French Quarter on a daily basis and use the resources of a Witch Doctor there named Marie Lavaux. Dr. Hook put me onto her for advice.

Down in Lou'siana where the black trees grow live a voodoo lady named Marie Lavaux
She got a black cat tooth and a mojo bone and anyone wouldn't leave her alone
She go GREEEEEEEEEEEE another man done gone

She live in a swamp in a hollow log with a one eyed snake and a three legged dog
She got a bent bony body and stringy hair and if she ever seen you messin' round there
She go GREEEEEEEEEEEE another man done gone

And then one night when the moon was black into the swamp came Handsome Jack
A no good man that you all know and he was lookin' around for Marie Lavaux
He said Marie Lavaux you lovely witch why don't you gimme a little charm gonna make me rich
He said now gimme million dollars and I'll tell you what I'll do, this very night I'm gonna marry you
It'll be GREEEEEEEEEEEE another man done gone

So Marie did some magic and she shook a little sand, she made a million dollars and she put it in his hand
Then she looked and she said hey hey, Now I'm gettin' ready for my wedding day
But ol' Handsome Jack said "Good-bye Marie, you too damn ugly for a man like me"
So Marie started cryin', her fangs started shakin', her body started turnin', she started quakin'
She said GREEEEEEEEEEEE another man done gone

So if you ever get down where the black tree grow and meet a voodoo lady named Marie Lavaux
And if she ever asks you to make her your wife, man you better stay with her for the rest of your life
Or it'll be GREEEEEEEEEEEE....

#50 NOT Shelia Tolley on 08/09/10 at 09:17 AM

That depends on how much you want to spend. You have to pay more for the legal ones.

#51 NOT Shelia Tolley on 08/09/10 at 09:27 AM

I fell a sleep on that second line. What were you saying again?

#52 Sheila Tolley on 08/09/10 at 11:53 AM

Now you owe me flowers.

#53 NOT Shelia Tolley on 08/09/10 at 12:05 PM

Oh, and just to make it clear:

Georgia Code - Crimes and Offenses - Title 16, Section 16-11-131

(e) As used in this Code section, the term 'forcible felony' means any felony which involves the use or threat of physical force OR violence against any person AND further includes, WITHOUT limitation, murder; felony murder; burglary; robbery; armed robbery; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection.

#54 Anonymous on 08/09/10 at 06:06 PM

Key word here; "DEADLY" -force. Not "use of force". Big difference.

You can NOT legally use deadly force to protect property in Georgia. Only a person.

Please try again.

#55 Anonymous on 08/09/10 at 07:48 PM

Ha. Keep reaching buddy.

#56 NOT Shelia Tolley on 08/09/10 at 08:10 PM

Let me quote this again for you. Now read it really slow.

O.C.G.A. § 16-3-23.1
No duty to retreat prior to use of force in self-defense

A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of PROPERTY other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, INCLUDING DEADLY FORCE.

#57 Anonymous on 08/10/10 at 04:17 AM

I read it carefully, and I can also clearly see that in the defense of PROPERTY, there is no clause for use of **DEADLY force**, only FORCE, UNLESS there is a PERSON involved.

****There is a difference in DEADLY force, and the USE OF FORCE, dum dum.

Again, you can NOT legally use DEADLY FORCE to protect PROPERTY, only a human life.

What?

#58 Anonymous on 08/10/10 at 04:20 AM

man, yall people are stupid! Ask any lawyer or police, you know you cant kill someone for property crimes, only to defend your life or home invasion. you keep leaving parts of the codes you post out, you cant alter it to your liking.

only is that legal in texas.

#59 Sheila Tolley on 08/10/10 at 06:59 AM

Anonymous, you can kill anyone you want, in anyway you want, at the time of your choice, at the location of your picking ...with helpers and get by with it for 26 years.

#60 NOT Shelia Tolley on 08/10/10 at 09:14 AM

You dumdum. If someone is there to shoot, there is a person. DUH.

Guns don't use themselves.

#61 n\a on 06/05/11 at 03:25 PM

walter;;you must not publice thenames of this story..its not about donnie,,i,m sorry ,,must be knownits about wrongful arrest..so i could be blacked mailed for 10,000$.and they would if me and my wife ,paid them..they would see that all the cases dropped,,,i wanbt these punks to know that i will take the highest warrent against them i can get..i know each one of their names...i better see charges droped..i mean every word of this,,they know me and my pistols will be with me,,,,,

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