Wildlife officer David Grove's killer sentenced to death by lethal injection
By STEVE MARRONI The Evening Sun (Hanover) Lebanon Daily News

GETTYSBURG - After nearly four hours of deliberating, an Adams County jury on Thursday night sentenced a 29-year-old man to death by lethal injection for the killing of a state wildlife conservation officer.

Christopher L. Johnson of Carroll Valley was convicted earlier in the week of shooting and killing Wildlife Conservation Officer David L. Grove after Grove pulled him over for poaching deer nearly two years ago.

In a tense courtroom, Adams County Judge Michael A. George asked the jury foreman if they had come to a verdict.

"We have, your honor," the foreman said. Their verdict by unanimous decision, he said, was "the death sentence."

A shout of, "Oh my God!" broke the silence, followed by sobs from Johnson's family.

Johnson was found guilty Tuesday of murder in the first degree. In Pennsylvania, the only two punishments for this crime are life in prison without parole or death. It is up to the jury to weigh the aggravating and mitigating factors and determine which of these two sentences is appropriate.

"May God have mercy on your soul," the judge said as he sentenced Johnson.

Following the sentencing, Adams County District Attorney Shawn Wagner said that, since the time of the shooting, he has said that he will seek the death penalty against anyone who intentionally kills a police officer in the line of duty in Adams County.

"You have to take a stand," Wagner said. "We're not going to put up with it."

When an officer is killed while doing his job protecting and serving the public, Wagner said, those in law enforcement will do what it takes to make sure that justice is served.

But there are no winners in a death-penalty case, the district attorney added.

"Both families have lost a son," Wagner said. "My heart goes out to the Topper family. And to the Groves. There are no winners."

Still it's a verdict and a sentence that honors the memory of Grove, Wagner said, adding he hoped it would bring Grove's family some peace and closure. Wagner said the Grove family declined comment. Members of both families testified during the penalty hearing.

In order to seek the death penalty, prosecutors must prove at least one aggravating circumstance. They argued four against Johnson: The victim being an officer killed in the line of duty; the victim being a prosecution witness to a felony killed to prevent testimony; the defendant committing the killing while perpetrating a felony; and the defendant having a history of violent felonies.

In his closing arguments prior to jury deliberation Thursday, Assistant District Attorney Kevin Steele, who came in from Montgomery County to help prosecute the case, told the jurors they had a tough job to do and a difficult decision to make. But the aggravating circumstances were clear.

"Have courage," he said. "Do justice."

And in her closing statements, Adams County Chief Public Defender Kristin Rice reminded the jury that the law does allow for mercy, and with a sentence of life in prison, Johnson could still be a father to his 8-year-old daughter and could still be a part of his loving family.

"A man who can love and who can be loved is a man who still has value in his life," Rice said.

Johnson took the stand earlier Thursday morning, and apologized to Grove's family, who sat in the courtroom throughout the trial, which started Sept. 24.

"Nothing I say or do will ease your pain," Johnson told them. "Nothing will bring back Officer Grove. It's something I will live with the rest of my life, whatever that may be. I'm sorry for the pain I caused your family. I wish there was more I could do, but I'm not able."

In his cross-examination of Johnson, Wagner pointed out that Johnson had also apologized for other crimes that had landed him in jail before. Twice he had told the state parole board that he regretted his actions and would not offend again.

"Are you here to offer your apology to the Grove family because you intentionally shot and killed their son, Officer David Grove?" Wagner asked.

Johnson responded, "I am here to offer my apology to the Grove family because their man is not here because of my hand."

Forensic psychologist William Russell testified for the defense that Johnson has a history of depression and alcohol abuse. He said when Johnson is in a structured environment and is medicated, he thrives, but he's a different person when he is not medicated, as Russell said was the case on Nov. 11, 2010, the night Johnson shot and killed Grove after the officer pulled him over for poaching deer.

As a rebuttal witness, the prosecution presented forensic psychiatrist Timothy Michaels, who said though Johnson is depressed, and likely suffers from mood and personality disorders, he was not depressed the night of the shooting and was aware of his actions and their consequences.

Michaels testified this was evident by Johnson's statement when pulled over that he did not want to go back to jail for carrying a gun as a convicted felon.

Johnson also fled the scene, hid his truck and got rid of his firearms, evidence he understood his actions, Michaels testified.

In addition to first-degree murder, they also found Johnson guilty of persons not to possess firearms, firearms not to be carried without a license and possession of an instrument of crime.