Cape man to face weapons charges in shooting

JACKSON, Mo. -- Cleared of homicide charges in the shooting death of his best friend, a Cape Girardeau man now faces weapons charges for carrying a concealed weapon into a bar.

Cleo E. Johns, 64, admitted to police and at a coroner's inquest that he shot and killed Winford S. Griffith during an armed confrontation March 15 in Ed's Bar.

Police said the shootout ended a morning of violence for Griffith, who began the day by breaking into the home of a friend in Fruitland and shooting at her as she fled in his truck. He then drove to Star Vue mobile home park and shot a neighbor in the back of the head.

Asked Friday to determine if John's shooting of Griffith was a felony or self-defense, a coroner's jury ruled the shooting a justifiable homicide.

Monday, Prosecuting Attorney Morley Swingle charged Johns with two counts of unlawful use of a weapon. The first is a felony for carrying a concealed weapon. The second is a misdemeanor for taking a loaded weapon into a public assemblage.

Johns told police after the shooting that he knew Griffith was angry and had already shot another friend, Mary Boitnott, in the head.

Boitnott is listed in stable condition at St. Francis Medical Center.

According to court records, Boitnott warned Johns on March 14 that Griffith wanted to kill the both of them. The same day, Johns also received an angry phone message from Griffith on his answering machine.

Johns said he kept a loaded gun with him that night and carried the .38-caliber Colt Pony semiautomatic handgun with him to breakfast March 15, then into Ed's Bar.

Did not call police

In a statement of probable cause, Swingle says Johns never notified the police about the threat and went to the bar, expecting it to be open with people present.

"At no time after learning of the Winford Griffith's threat to kill him did Cleo Johns go to the police to report the threat or to seek protection. Rather, Cleo Johns went to the public places of Sands Pancake House and Ed's Bar, carrying a loaded and concealed weapon ... putting at risk the lives and safety of the other persons assembled within those premises," Swingle wrote.

In fact, a bystander, Kenny Tollison, was grazed in the forehead by a ricochet from John's gun during his shoot-out with Griffith. The wound required nine stitches.

Tollison testified Friday at a coroner's inquest that though their faces were familiar, he didn't know either Griffith or Johns.

"I was in the wrong place at the wrong time," he said.

In Friday's testimony, Johns said he went to the bar looking for Boitnott, hoping to learn whether Griffith was still angry.

He told police he didn't report Griffith's threat because he hoped his friend's temper would blow over without incident.

When he arrived at the bar March 15, Johns learned that Boitnott had been shot. Minutes later, Griffith arrived, gun in hand. Other patrons in the bar first learned Johns also had a gun when he pulled it out and pointed it at Griffith.

If found guilty of the concealed weapon charge, Johns faces a possible punishment ranging from one day in the county jail to seven years in the state penitentiary and up to $5,000 in fines.

For carrying a weapon into a public assemblage, Johns faces between one day and six months in county jail and up to a $500 fine.

Johns' first court appearance is scheduled for April 8.

abuchanan@semissourian.com

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