Kansas City News Blog

By Justin Kendall

U.S. District Judge Dean Whipple sentenced Dyshawn Johnson to three consecutive life sentences today for the murders of Olivia Raya and Anthony Rios.

Last December, a federal jury convicted Johnson and Michael Dale of first-degree murder and conspiracy to distribute more than 5 kilograms of cocaine. On June 11, Whipple sentenced Dale to life in prison; Dale is appealing the conviction.

At 8:59 a.m. today, U.S. Marshals led Johnson in shackles and a hunter-orange jumpsuit into the courtroom. Dale and his attorney were also present. Johnson was to be sentenced in June with Dale but Johnson's attorneys convinced Whipple to delay the hearing after two inmates signed affidavits saying government witnesses had lied at trial to get early releases.

One of those inmates, Ronnie Blade, limped into the courtroom as the defense's first witness. Blade, thick and bald, testified that he was in "lock down" at Leavenworth with Johnson and government witness Eric Noel. Blade said he had been incarcerated at Leavenworth since April 18.

Blade, who is serving five life sentences for crack cocaine distribution and possession of a firearm, claimed he overheard Johnson arguing with Noel in the shower a couple of days after he arrived. Blade testified that he was 100 feet away in his enclosed cell when he eavesdropped on the argument between two men he didn't know. Blade said his roommate later told him the men were Johnson and Noel. Blade claimed the shower pressure was so low that he could overhear the argument. The conversation according to Blade:

Johnson: "Why did you lie on me in court at my trial?"

Noel: "Yeah, I lied on your ass nigga and it ain't nothing you can do about it. Plus I'm going home soon off your ass and I'm going to see your girl and laugh when the judge put you in prison for the rest of your black ass life."

Blade testified that he was moved into a cell with Johnson three days later.

Michael Oyler, a special agent for the Federal Bureau of Investigation in Kansas City, refuted Blade's testimony, saying that the prison is constantly noisy, and that a lieutenant at the prison told him that Blade might have been able to see the entrance to the shower and maybe the first shower stall. Oyler also called Noel a soft-spoken "mumbler."

Oyler also noted that the timeline in Blade's affidavit contained conflicting information. Though Blade claimed to have overheard the shower conversation in April, Noel didn't arrive at the segregated section until May 6. Johnson arrived on May 9, and Blade didn't file his affidavit until two weeks after he had become cellmates with Blade.

Judge Whipple ruled that Blade wasn't a credible witness, noting his testimony sounded "manufactured."

Johnson's attorneys wanted time to track down more inmates who say they have information about government witnesses lying under oath. Whipple had heard enough and declared a 20-minute recess before he would sentence Johnson.

At 11:30 a.m., court resumed. Whipple gave the victims' families time to speak. Denise Briones, Anthony Rios' mother, remembered calling her son on December 20, 2002 -- the night of the murders. Briones recalled inviting her son and Raya to breakfast. Rios told his mother that he was going to work on remodeling a house, and Raya was going Christmas shopping. She recalled him saying he loved her before hanging up.

"He was my whole family," Briones said.

Briones called Olivia Raya an "angel" and said she'd prayed a beautiful girl would come into her son's life. She said Rios and Raya wanted to start a family, and her son was getting out of the drug business.

"This sentence cannot bring back the two people that I loved the most in this world," Briones said, wiping away tears.

Anthony Rios, Sr., also spoke about his son. Rios said his life ended the day his son was murdered. He choked up as he spoke about kissing his son's picture every morning and no longer celebrating holidays. The elder Rios lamented his son not getting the chance to get past his demons. Rios said Johnson's prison sentence would never match the torment and punishment that he's felt since his son's murder.

Dyshawn Johnson also spoke. Johnson apologized to his family, his friends and the Rios and Raya families. But he denied being involved in the crimes and called Rios a friend. Johnson claimed his constitutional rights had been denied, and that he hadn't received a fair trial. Johnson requested a new trial.

Next to speak was his mother, Beverly Alexander. She apologized to the Rios and Raya families and called her son "kindhearted" and "loving" and said her son wasn't a murderer.

Whipple sentenced him to three consecutive life sentences anyway.

"I just didn't have a fair chance," said Johnson, who will have 10 days to appeal the sentence.

U.S. Marshals led him from the courtroom. Johnson looked at his family and mouthed "I love you." The courtroom cleared. The Raya and Rios families clapped. Outside the courtroom, the families embraced.