Clifford James Johnson Jr. has accepted a prison mandatory plea deal for his actions last year in getting drunk at a Tucson restaurant, then driving the wrong-way on State Route 90 near Benson where he crashed his truck head-on with another truck, killing his stepson.
Johnson stood before Judge Timothy Dickerson of the Cochise County Superior Court on June 13 to plead guilty to one count of second degree murder and three counts of aggravated assault for his actions on June 18, 2021 after he left a Dave & Buster’s restaurant with a blood alcohol content that tested at .237 an hour later.
Nine-year-old Lance Aguirre suffered fatal injuries, while the three aggravated assault charges involve serious injuries suffered by two of Johnson’s young children as well as the other driver.
Court records show the plea agreement Johnson accepted was one of two offered by Cochise County Attorney Brian McIntyre in consultation with the various victims in an effort to avoid a lengthy and highly emotional trial, particularly for the several children who would have been called to testify.
The judge gave Johnson, 39, permission to remain out of custody until sentencing is imposed on Aug. 9. But Johnson already knows what is coming at that hearing.
The plea deal stipulates that Johnson must spend slightly more than 24 years in the Arizona Department of Corrections before being eligible for release. The sentence includes 18 years for causing Aguirre’s death and 7.5 years for each of the three aggravated assault charges.
According to the stipulation, the 18-year term must be served day for day with no eligibility for early release. Once that is completed, Johnson will serve the three aggravated assault terms concurrently, or at the same time.
Those 7.5-year sentences are eligible for release from custody after Johnson completes 85 percent of the time. He would remain under the supervision of ADC in the community until the remainder of the term is finished.
Johnson, who was employed at the time of the crash by U.S. Customs and Border Protection, will receive two months of jail credit toward his prison time. He will not be required to serve any post-incarceration probation.
Court records show Johnson, his wife Mindy, and six children in their blended family were at Dave & Buster’s to celebrate a birthday. Mindy Johnson told investigators she finished paying the bill inside when she walked outside to find Clifford had driven away with three of the children.
The DPS accident report notes Mindy Johnson said she knew her husband should not be driving but she was “unsuccessful” in reaching him by cell phone to have him pull over.
Four lawsuits have been filed against various Dave & Buster’s corporate entities in connection with the crash after DPS investigators discovered security videos and receipts showing Johnson consumed several strong alcoholic drinks and that restaurant staff had concerns with Johnson’s intoxication.
It is estimated Johnson was driving about 55 mph at the time of the crash. Michell East, the driver of the other pickup, suffered permanent injuries, but a DPS investigator noted the incident could have been much worse, as East’s infant son was also in the vehicle.
According to the DPS report, East had ensured the boy was properly secured in a car seat, which protected him from injuries due to the intense force of the impact.
READ MORE ABOUT THE LAWSUITS HERE
