A vice president of Dave & Buster’s says the company is cooperating with an investigation into why an off-duty U.S. Customs and Border protection officer was driving in the wrong direction with a nearly .20 blood alcohol concentration when he crashed into another vehicle last month, killing his stepson, age 9.
Det. Jason Procunier of the Arizona Department of Public Safety testified at a bond hearing earlier this week that receipts, surveillance videos, and employee interviews revealed Clifford James Johnson Jr. and his wife arrived at Dave & Buster’s at the Tucson Marketplace with six children around noon on June 18.
They ordered 9 hard liquor drinks, including eight Long Island Iced Teas, each of which can have nearly four times the alcohol content as one 12-ounce beer, according to the detectives June 29 testimony at a bond hearing.
Around 5:30 p.m., Johnson left the restaurant near Interstate 10 and South Kino Parkway with three of the children in his red Ford pickup. About an hour later, he drove into a white Dodge pickup on State Route 90 between Benson and Sierra Vista while driving southbound in the northbound lanes at highway speed.
A blood test after the accident showed Johnson had a .199 BAC. Two of his children, a 11-year-old boy and a 4-year-old girl, suffered serious injuries, while his stepson, Lance Aguirre, was killed. The hoy was laid to rest June 29, the same day Johnson was in court for a hearing on whether he should remain in the Cochise County jail until he stands trial next year.
“Our thoughts and sympathies are with those affected by this terrible accident. We are cooperating with law enforcement, and it would be inappropriate to comment on their investigation,” said Pete Thornfield, Vice President Brand Marketing for the Texas-based Dave & Buster’s company.
According to Procunier’s testimony, Aguirre died due to internal decapitation, which occurs when the spinal column is separated from the base of the skull. American Daily Independent has confirmed the boy’s mother Mindy Johnson and father, David Aguirre, consented to organ donation as a way to help other children and their families.
A Cochise County grand jury has indicted Johnson on 27 felonies including first-degree murder during the commission of an act of child abuse, aggravated assault, endangerment, and aggravated driving under the influence. The driver of the other vehicle was also seriously injured although her infant son was not badly hurt.
Johnson was initially ordered held on a $50,000 bond for several felonies including second-degree murder. His bond order was changed by Justice of the Peace Bruce Staggs to no-bond after a first-degree murder charge was added by Cochise County Attorney Brian McIntyre.
During the June 29 bond hearing, McIntyre told Judge Timothy Dickerson that the deceased’s father opposed any pretrial release and asked to keep Johnson in jail until trial, expressing concern that as a CBP officer, Johnson “has access to resources that most defendants do not.” The county attorney did not say what those resources are, but other recent criminal cases involving CBP or USBP personnel have suggested they have a higher ease of access to cash, passports, and firearms.
Johnson’s court-appointed attorney Josh Jones argued that under Arizona law the two-fold purpose of bail is to first motivate a defendant to appear for all court hearings including trial. Second, it is to safeguard any victims and the public.
Jones argued the amount of bail and any release conditions must be “the least onerous” combination to meet those purposes. He noted $100,000 would be sufficient as Johnson has strong support from his family despite the seriousness of the charges and the “potential severe consequences” he could face.
Dickerson agreed with Jones that “at some point a too-high bond becomes the same as a non-bond order.” The judge ordered a $300,000 secured bond which requires 10 percent in cash as a non-refundable fee and sufficient collateral for the balance which will be defaulted if Johnson skips town.
Johnson will also be subject to a lengthy list of release conditions if he can bond out, including a no-contact order in favor of his ex-wife as well as the East family, his injured children, various witnesses, and David Aguirre. He will be banned from driving, possessing firearms, consuming alcohol, and leaving Cochise County.
In his testimony at the hearing, Procunier said Mindy Johnson told investigators she intended to drive all six children home in her vehicle. She also told that to a Dave & Buster’s employee who apparently questioned Clifford Johnson’s intoxication level. However, when Mindy Johnson went outside after paying the bill she found her husband and three of the kids gone.
Procunier also testified that Mindy Johnson reached her husband by cellphone but could not convince him to let her get children out of his truck. The detective was not asked whether the wife took any other actions, such as calling 911, in an attempt to stop her husband from driving while intoxicated.
Johnson is believed to have begun driving the wrong way in the northbound lane of SR90 at about milepost 292. The pickup was slowly moving along the shoulder, so at least one passerby assumed it was a rancher attending to cattle that are pastured in the area.
A short time later, the same witness saw the wrong way truck was traveling at highway speed. A 10-second video recorded by a driver provided vital evidence despite its short length, as it shows Johnson driving past a “wrong way” street sign, Procunier testified. The crash occurred at milepost 300.
Michell East, the driver of the white Dodge pickup, described to investigators her attempts to avoid the collision by driving into another northbound lane, only to have Johnson change lanes as well. East then pulled back into the other lane, but the red truck mimicked the move, the detective said.
At the last minute, East turned left into the medium, which allowed the bulk of the impact to hit her truck’s front passenger side and mid-front area. Another witness also reported it appeared Johnson drove into East’s vehicle on purpose.
East’s vehicle came to rest pointed to the west, while Johnson’s truck spun around after the collision and came to rest face northbound. East and her one-year-old son were attended to by military personnel who happened to be in the area, according to the detective, who testified the child was not seriously injured, but East suffered several lacerations and internal injuries. She also required surgery for injuries to an arm and both feet.
Johnson’s next court appearance is set for Aug. 2. His speedy trial deadline does not expire for nearly nine months.
Various attorneys are looking to initiate legal action against several parties, particularly Dave & Busters, once the DPS report is finalized. The report should address whether any of the children in Johnson’s vehicle were seatbelted, and how Mindy Johnson arrived home before troopers shutdown SR90 for the crash even though she left the restaurant later than Johnson.
The report is also expected to address whether any Dave & Buster’s personnel have been cited in connection to Johnson’s intoxication, and whether the Arizona Department of Liquor Licenses and Control has initiated an investigation due to the fatality.
