Published: June 10, 2009 09:01 pm      

Man found guilty of murder by stabbing

WELCH — A jury found a McDowell County man guilty of first-degree murder Wednesday with a recommendation of mercy in the Jan. 20, 2008, stabbing death of a 71-year-old O’Toole man.

Robert Wayne Johnson Jr. 45, of Anawalt was charged with first-degree murder, nighttime burglary by breaking and entering, nighttime burglary by entry without breaking and petit larceny in connection with the Jan. 20, 2008, stabbing death of Joe Mallory.

Mallory sustained more than 30 knife wounds mostly to his face and head. He was found deceased at his residence in the O’Toole community near Anawalt, Prosecuting Attorney Sid Bell said.

Bell said the state believes the murder was the result of a dispute over $25 from a deal on a sale of a firearm.

The jury deliberated for a little more than an hour before coming back with the guilty verdict on the charge of first-degree murder. The mercy recommendation means the man will be eligible for parole consideration after 15 years. The jury found Johnson not guilty of petit larceny and burglary. The case was deliberated before Circuit Court Judge Rudolph J. Murensky II.

Bell said Mallory sold a firearm to Johnson and one of his relatives. Bell said Johnson argued Mallory shortchanged him $25. Mallory called the 911 center a day earlier claiming two people were trying to kick in his door. Bell said Mallory had a relative later take $25 to Johnson with the hope that it would end the conflict.

Bell said Johnson drove to North Carolina on the night of Jan. 20, 2008, and told a relative that he had killed a man in Anawalt. Bell said authorities in North Carolina were contacted, and Johnson was arrested.

“DNA from a blood stain, and blood stains in a truck, matched Mr. Mallory,” Bell said. “He (Johnson) had taken his parents truck and was driving to North Carolina.”

Bell said Mallory had just lost a beloved pet, and didn’t’ want to be bothered by the dispute over the $25.

“Mr. Mallory didn’t want to talk to them,” Bell said. “First of all, he said he didn’t owe them any money. His dog just died a couple of weeks before this happened. He was distraught over the death of his dog. He just didn’t want to be bothered with this. He told the 911 dispatcher he didn’t owe them any money. The defendant had only been living in O’Toole for two weeks before this happened.”

Bell said the state believes the crime was a “malicious pre-meditated murder.”

Johnson was represented by public defender Floyd Anderson. The state called multiple witnesses, including two forensic scientists, investigating Trooper M.S. Horton, the assistant 911 director, and other witnesses. The defense rested without calling witnesses.

“We are pleased with the verdict,” Bell said. “The trial actually went much quicker than we thought. We were very pleased with the attention of the jury.”

Bell said Johnson was remanded back to the custody of the Southwest Regional Jail in Logan pending sentencing.

— Contact Charles Owens at cowens@bdtonline.com