Preliminary hearing set for Patrick Johnson - WAFF-TV: News, Weather and Sports for Huntsville, AL

Preliminary hearing set for Patrick Johnson

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Patrick Johnson appeared before Judge Clyde Davis in a hearing on Monday. His preliminary hearing was set for June 24. Source: WBRC Patrick Johnson appeared before Judge Clyde Davis in a hearing on Monday. His preliminary hearing was set for June 24. Source: WBRC
Patrick Deon Johnson. Source: Birmingham Police Department Patrick Deon Johnson. Source: Birmingham Police Department
Birmingham Police Officer Keary Hollis. Source: BPD Birmingham Police Officer Keary Hollis. Source: BPD
BIRMINGHAM, AL (WBRC) -

The suspect accused of fatally shooting Birmingham Police Officer Keary Hollis will remain in jail without bond at least until his preliminary hearing in June.

Patrick Johnson, 40, appeared before Judge Clyde Davis in a hearing on Monday, May 19. Johnson is charged with capital murder in Officer Hollis' death.

Police say Hollis, 35, was in the parking lot of the Bush Hills Quick Stop in Ensley when he was shot to death around 10:15 p.m. on May 10. Hollis was found dead inside his car. He was off-duty at the time of the shooting.

Authorities arrested Johnson about three hours after the shooting at his home in Ensley. He's charged with capital murder by shooting into an occupied vehicle, a charge that does not carry the death penalty.

Birmingham defense attorney Charles Salvagio is representing Johnson. He said Johnson didn't know Hollis and also didn't know he was a police officer.

"We had a witness here today who was prepared to say that he was told that after this incident. He did not know he was a police officer. He never identified himself as police officer. Had he done that, this incident probably wouldn't have occurred," Salvagio said on Monday.

Salvagio states in his motion for bond that Johnson has "no prior felonies or history of violence." He said part of the reason he took the case is that Johnson doesn't have a violent past.

Salvagio also asked that bond be granted because Johnson "has a meritorious defense based on the facts of the case" and doesn't have a history of escape or failing to appear in court.

During Monday's hearing, Salvagio told Judge Davis there were several supporters who hoped to testify on Johnson's behalf that he deserved bond.

Judge Davis said he wants to set a preliminary hearing first before he holds a bond hearing.  Johnson's preliminary hearing was set for June 24 at 9 a.m.

Salvagio filed a motion on May 14 to preserve all video evidence of the shooting. The defense says they've been told that there were surveillance cameras installed at the store where the shooting occurred, including the parking lot.

The motion states the "defense believes that the incident was possibly filmed and would be used in the defense of the defendant."

Salvagio filed another motion on May 18 requesting that a blood sample from Officer Hollis be preserved for independent testing.

The document states "the blood alcohol level of the victim is a factor in the defense of the defendant" and says the defense believes an independent testing of Hollis' blood would "benefit both the defendant and the State."

Johnson remains in the Jefferson County Jail on no bond at this time.

Copyright 2014 WBRC. All rights reserved.

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