Boulder Creek (CA) man arrested after allegedly tossing daughter onto Hwy 9

Scotts Valley Press-Banner ^ | Apr 22, 2010 | Peter Burke

[martin_fierro]

BC man arrested after allegedly tossing daughter onto Hwy 9

by Peter Burke / Press-Banner
Apr 22, 2010

Boulder Creek resident Eric Rebert Johnston, 23, was arrested on suspicion of committing a series of violent acts against his 9-month-old daughter and his wife April 1 and has pleaded not guilty to several felony and misdemeanor counts.

According to the Santa Cruz County District Attorney’s Office, Johnston became angry while driving with his wife, 22-month-old daughter and 9-month-old daughter at about 7:50 p.m. and pulled his red Volkswagen Beetle over to the side of the road along Highway 9 at Riverdale Boulevard in Boulder Creek.

He allegedly got out and threw the 9-month-old more than 20 feet. The girl landed in the lanes of Highway 9, causing road rash and cuts to her stomach, sides, tongue and legs.

“How vicious can you be?” District Attorney Bob Lee said. “He just grabs her by the arm and flings her like a rag doll.”

According to the district attorney’s office, the mother retrieved the girl and complied with Johnston’s order to get back in the car so they could leave.

Once he had parked at home in Boulder Creek, Johnston reportedly punched his wife multiple times in the side of the head. While the 9-month-old was still in her arms, Johnston elbowed the baby causing a black eye. The man also allegedly threatened to kill the mother if she said anything.

“He elbowed her like he was smashing her against the boards,” Lee said. “To say this is cruel is an understatement.”

Lee said a neighbor near Riverdale Boulevard heard the incident on Highway 9 and saw the Volkswagen before it drove away, leading to Johnson’s arrest by the Santa Cruz County Sheriff’s Office the next morning.

Johnston has pleaded not guilty to felony counts of domestic battery, child endangerment causing serious bodily injury, criminal threats and dissuading a witness. He also pleaded not guilty to counts of false imprisonment, assault with force likely to cause great bodily injury and a misdemeanor violation of a criminal protective order.

Johnston was convicted of domestic violence against his wife in 2009, according to Lee.

“The case is, procedurally, in the early stages,” public defender Allen Cave wrote in a statement. “As the case proceeds closer to the trial stage, it will become apparent that the case is more complex than current press coverage asserts. Further, contrary to explicit statements from the district attorney, the evidence is unequivocal that the child was not thrown from a moving car. Maintaining that the child was thrown from a moving car is simply in direct contradiction to evidence that was received at the preliminary hearing.”

Johnston is being held in county jail on $135,000 bail, and his arraignment will be next week.

Lee said the district attorney’s office is still looking into the case, and Johnston could face seven or eight years in jail. He noted that Johnston will not be tried for attempted murder, because attempted murder can only be charged if there is malice with intent to kill.

[martin_fierro]

“The case is, procedurally, in the early stages,” public defender Allen Cave wrote in a statement. “As the case proceeds closer to the trial stage, it will become apparent that the case is more complex than current press coverage asserts. Further, contrary to explicit statements from the district attorney, the evidence is unequivocal that the child was not thrown from a moving car. Maintaining that the child was thrown from a moving car is simply in direct contradiction to evidence that was received at the preliminary hearing.”

Some real top-drawer legal talent there. Obvious red herring, anyone?

[martin_fierro]

	Cruzio >> PING <<
Send FReepmail if you want on/off the Santa Cruz County CA ping list
The List of Ping Lists

[driftdiver]

Right, he stopped the car and then threw her.

[VRWCmember]

Further, contrary to explicit statements from the district attorney, the evidence is unequivocal that the child was not thrown from a moving car. Maintaining that the child was thrown from a moving car is simply in direct contradiction to evidence that was received at the preliminary hearing.”

Oh, so it's ok since he pulled over to the side of the road so he could more safely throw the child into the street? After they beat the living sh*t out of the perp before throwing his punk @$$ in prison, they should beat the living sh*t out of this puke of a public defender.

[Sybeck1]

I hope he gets some prison justice!

[latina4dubya]

Johnston was convicted of domestic violence against his wife in 2009, according to Lee.

and yet--here she is again... with her nine-month old baby...

[seamusnh]

The good Lord did tell us “thou shalt not kill” but he never said anything about beating a lowlife like this to within an inch of his life with a baseball bat. This punk is half my age, but I’d beat him senseless with a Louisville Slugger while reciting passages from the Bible and not think twice about it. It would be nice to see how tough this guy is when faced with a 6’3” 225 lb guy rather than a 9 month old baby girl....

[ConservativeMan55]

bttt

[OldDeckHand]

This is one of those cases where I applaud the restraint of the arresting officer(s). If it had been me that had come across such a scene of depravity, I don't believe I could have kept my sidearm holstered. I don't know how this cop did it. Good for him.

There are some things that a civilized society CANNOT tolerate. Assault & Battery on a 9-month old baby is clearly one of them.

[TexasCajun]

Eric, they're gonna just love you in the jailhouse and prison.

Have fun!

[ConorMacNessa]

"He noted that Johnston will not be tried for attempted murder, because attempted murder can only be charged if there is malice with intent to kill."

Throwing a baby onto a highway doesn't amount to malice with intent to kill? I think he ought to be charged with attempted murder.

Lamh Foistenach Abu!

[ClearCase_guy]

and yet--here she is again... with her nine-month old baby...

Unbelievable, huh? My wife works with a number of women, two of whom are interesting cases.

One is frequently beaten. Visible marks. She leaves, but goes back. She kicks him out, but then takes him back. It's been going on for more than a year. She just puts up with it. (He doesn't work, BTW.)
The other woman seemed to be in a much better situation. They were engaged and going to be married in May. In February, he went berzerk and broke her nose. She moved out, got a restraining order, pressed charges, cancelled the weddding, and made it VERY clear that what's done is done.

Sad situation for both women, but at least one of them is smart about it.

[gathersnomoss]

Tie his ass to a train track.

[milagro]

When you read in the Old Testament about what really angered God--most times it is worship of false gods to whom CHILDREN were sacrificed to appease those gods.

God did "test" Abraham's willingness to "trust and obey" Him, but He did NOT allow Abraham to take his son's life, and the only Life God did allow to be taken was that of His own Son, whose death has brought us eternal life.

So, I have this thought of praying very hard for this man's soul--right after someone in a large city tosses him out of a moving car during rush hour somewhere along I-5.

[Vaduz]

He must be a progressive.

[EggsAckley]

Back in the sixties that area was populated by a bunch of dingbat hippies and a lot of redneck types. The generations that succeeded them is a mix of the two. Stoned rednecks with tattoos and hippie mentality. A very strange mix.

[dmz]

You go ahead and recite Bible verses all you want ...

Singin’ in the Rain for me, a Clockwork Orange style.

Either way, same result :-)

[sappy]

It still is. I have quite a few relatives living there, though thankfully they don’t fit the profile described.

[EggsAckley]

I live in the southern end of the county, in the mountains. I actually dread going up there......it’s very creepy to me.