OSHKOSH, WI (WTAQ-WLUK) — A man found not guilty of murder by reason of mental disease was sentenced Thursday to 45 years in a secure psychiatric facility.
Joshua Johnson, 38, was previously convicted of second-degree intentional homicide for the Memorial Day shooting at a family gathering in Oshkosh.
The subsequent ruling of not guilty by reason of mental disease means Johnson was committed to a secure psychiatric facility instead of being sentenced to prison. At a hearing Thursday, Judge Theresa Basiliere set that commitment term at 40 years on the homicide count and five years on the felon in possession of a firearm count.
According to the complaint, police were called to 325 Oxford Avenue about 6 p.m. May 30 for reports of a shooting. Witnesses directed police to Johnson, who admitted he was the gunman.
A preliminary breath test showed a blood alcohol level of .075. Police then interviewed Johnson.
“Johnson was very focused on the family plotting against him, and his belief that (the victim) wanted to kill Johnson. Johnson talked about how the family thought he was seeing demons, but he really was not,” the complaint states. “Regarding the shooting, Johnson said, ‘I did what I did, that’s that.’ Johnson said he had to end it because they were going to end Johnson. Johnson said that he was not sure whether (the victim) was going to kill Johnson for money, or whether someone was trying to get rich off a record deal, or whether they were going to sacrifice him. Johnson stated, ‘I know I’m going to prison for a while, but he tried to kill me.’”
The victim’s nephew told police “that family members had been trying to get help for Johnson, but Johnson was refusing. White said that Johnson viewed (the victim) as the root of a lot of Johnson’s problems, but that (the victim) did not seem to have any sort of beef with Johnson,” the complaint states.
The event was a family gathering, as the victim and Johnson’s sister have a child together. Family members told police Johnson has drug and paranoia issues.
The victim, who is not identified, was shot in the head, the complaint states.
