BRISTOL, Va. (WJHL) — Virginia prosecution on Thursday rested its case against a Bristol, Virginia police officer accused of murdering Jonathen Kohler as he remained in his vehicle.
Officer Johnathan Brown appeared composed in court as the Commonwealth presented its case against him — a case that charged him with the murder of Kohler, along with malicious shooting and the use of a firearm in the commission of murder.
The defense presented displays of screenshots of text messages between Kohler and a woman in the motel on March 30, 2021 before the incident turned fatal; the woman was later identified as Summer Cooke, Kohler’s girlfriend. The virtual exchange began with Kohler allegedly texting Cooke that he had woken up at a gas station with a Glock in his lap and that “he [wasn’t alright.]”
Kohler then reportedly asked Cooke about her whereabouts, to which she replied she was at the Roadway Inn with two other people. Kohler arrived at the motel, according to the defense, and texted Cooke that “18 rounds through the window in front of [her] will show [her] who the {expletive} is now.”
When Cooke did not meet Kohler outside upon his request, the defense stated he allegedly shot five rounds in the parking lot and threatened to “shoot the whole [motel] up.”
Prosecutors also noted that there had been several “I love you” messages exchanged between Cooke and Kohler before Kohler’s shooting death.
When four Bristol, Virginia police officers responded to the scene, two of them activated their bodycams at the beginning of the incident; one activated a bodycam toward the end of the incident; Brown is accused of never activating his bodycam.
The defense questioned BVPD Chief Darrell Milligan, who, at the time of the fatal March 2021 shooting, was the Administrative Division Captain responsible for sending the bodycam footage to Virginia State Police. According to Milligan, Brown’s bodycam had undergone repairs before the incident due to complaints that it would not turn on or off when it was supposed to.
Milligan testified that a handful of officers had been experiencing issues activating their bodycams and that the department is in the process of implementing a new bodycam system as of April 2022.
Medical Examiner Dr. Gayle Suzuki conducted Kohler’s autopsy, which found that he had received a gunshot toward the top of his head, which is determined to have killed him instantly, along with a gunshot in his left cheek featuring burns and abrasions around the wound.
A toxicology screening of Kohler, as well as his autopsy, were heavily discussed Thursday.
In Kohler’s wallet, investigators found three Tennessee driver’s licenses.
Prosecutors rested their case at 12:05 p.m., indicating that they had presented all evidence to the jury.
The defense, however, filed a motion to strike the case, which would dismiss all charges against Brown. Judge Sage Johnson denied that motion, saying that the responding officers were not aware that Kohler was under the influence of methamphetamine and armed at the time of the shooting.
Brown’s defense referred to the incident as a “classic felon fleeing case” and said, “when Mr. Kohler stomped the gas pedal, he pulled the trigger.” In a citation of preceding cases, Brown’s defense said a vehicle fleeing a scene is a display of “homicidal intent.” The defense claimed that there was not time for Brown or the other officers to deescalate the situation.
The defense further argued that the Commonwealth had jumped the gun by indicting Brown before the investigation into the shooting was complete.
The prosecution argued that a reasonable person would not have acted in the way Brown did by stepping in front of a moving vehicle or by shooting six times. In response, the defense said that the prosecution had presented no evidence to suggest Brown’s actions were unreasonable.
The 14-person jury will return to the courtroom Friday for the third day of the trial.