7 years: Carson convicted of manslaughter, sentenced to jail - Enid News & Eagle

ENID — A Garfield County jury deliberated for more than three hours Tuesday before finding a man guilty of first-degree manslaughter for the role he played in the death of another man last year.

The nine-woman, three-man jury deliberated for three and a half hours before returning a guilty verdict for Johnny Charles Carson and recommending he serve seven years in prison.

Carson was charged in the death of Patrick Downie and was accused of assaulting him March 31, 2010, along with another man. Downie died about a month later from injuries suffered in the attack.

Carson and his co-defendant, Andre Ramone Gissandaner, initially were charged with aggravated assault and battery. That charge was amended to first-degree manslaughter following Downie's April 26 death. Gissandaner is set for trial Feb. 8 on a first-degree manslaughter charge.

Jurors heard testimony Tuesday morning from the medical examiner who performed Downie's autopsy.

Dr. Chai Choi said the injuries Downie sustained led to his death, and the manner of death was homicide.

Jurors heard testimony Monday from two doctors who treated Downie following his assault, two Enid Police Department officers and Gissandaner's girlfriend, Brandy Jones, who witnessed the assault on Downie.

In closing arguments, Assistant District Attorney Irene Asai asked the jury to look past the problems of the victim in the case and instead focus of holding Carson responsible for his actions.

"There are two people responsible for the death of Patrick Downie. One of those persons sits before you today in this courtroom," she said. "On March 31, 2010, Johnny Carson aided and abetted Andre Gissandaner in the death of Patrick Downie.

"He kicked Patrick Downie in the face and head. Three weeks later he died of a subdural hematoma."

Carson's court-appointed attorney, Jeff Crites, asked the jury to consider "credibility" in their deliberations.

He said the defense does not deny the credibi! lity of the state's witnesses, except for one — Jones. She testified Monday to seeing Carson kick Downie in the head while Gissandaner was punching Downie's face.

"She's the lone eyewitness that testified," he said. "She's the only evidence of what happened."

Crites pointed out discrepancies in Jones' reports to police, testimony at a preliminary hearing and testimony at the trial.

"It changed over and over and over," he said. "And this is the only evidence against Mr. Carson. Is that credible? Is that enough to convict Johnny Carson of manslaughter?"

Asai addressed the credibility of Jones, saying her recounting of assault was "consistent throughout."

"I suspect some of you didn't like or care for Brandy Jones," she told the jury. "But can you believe her? I submit to you that you can."

Asai asked the jury to return a guilty verdict and recommendation of a 20-year sentence. The defense did not call any witnesses during the trial and Carson did not testify.

Associate District Judge Tom Newby, who heard the case, set formal sentencing for 10:30 a.m. Dec. 8.

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