The following is a press release issued by the Mendocino County District Attorney’s Office:
After a two-and-a-half hour delay due to the press of other court business, the sentencing hearing for convicted arsonist, Devin Lamar Johnson, age 23, formerly of Calpella, finally got underway Monday morning just before noon in the Marin County Superior Court.
After introducing the fire victims and relatives present and watching from the courtroom gallery, Mendocino County District Attorney David Eyster also recognized the son of a fire victim who appeared on a video feed to provide his family’s impact statement.
The DA and the Mendocino County Adult Probation Department were in agreement that the facts underlying the Hopkins Fire and the circumstances in aggravation previously found true by the Marin County Superior Court more than justified the imposition of a maximum sentence of 21 years.
On the other hand, defendant Johnson’s court-appointed attorney argued for a mitigated sentence of 3 years.
Once the case was submitted for decision by the attorneys, Marin County Superior Court Judge Kelly Simmons announced that she disagreed with both parties as to what the final sentence should be.
First, the Court denied the defense motion to strike the defendant’s prior Strike conviction. It also denied the defense motion to strike the multiple structure sentencing enhancement alleged by the DA and found true by the jury.
With those defense motions resolved and out of the way, Judge Simmons committed defendant Johnson to 15 years in the California Department of Corrections and Rehabilitation (CDCR).
The Court found that the young-in-age defendant suffered from some degree of mental illness and that that mental illness, while denied even now by the defendant, factored into his criminal actions on September 12, 2021, thus the 15 year versus 21 year state prison sentence.
Arrested on September 14, 2021, the defendant was today awarded actual days credit of 1099 days against his 15-year commitment.
Because arson of an inhabited structure is deemed a violent felony by the Legislature, current law holds that defendant Johnson shall not be allowed to earn or be awarded additional credits towards early release while in county jail or in prison greater than 15 percent of his overall sentence.
The Court also ordered the defendant to pay restitution to some of individuals and families who suffered financial losses as a result of his starting the Hopkins Fire.
While more claims may still be submitted through the DA’s Victim/Witness unit so that additional restitution may be requested, the Marin County Superior Court ordered today that the defendant pay over $4 million dollars to the 13 families who have submitted claims through the DA’s Office prior to sentencing.
Claims for restitution on behalf of the responding fire departments, CalFire, PG&E, and the County of Mendocino for fire suppression costs, infrastructure repair, and other damages resulting from the Hopkins Fire were referred by the Marin County Superior Court to the Mendocino County Superior Court for further consideration and legal action.
Defendant Johnson will be returned in short order to Mendocino County for additional court proceedings in Ukiah.
He has a pending violation of felony probation that needs resolution. The defendant was on supervised felony probation for attempted robbery in the second degree when he set the Hopkins Fire.
Defendant Johnson also has a pending misdemeanor charge of battery on a correctional officer, an alleged crime that occurred while he was awaiting trial on the arson.
Finally, the defendant also has a pending felony case in the Sonoma County Superior Court for an attempted vehicle theft that is alleged to have occurred in 2020.
Good Luck getting 4 million from this drifter