THE UNIVERSITY DAILY KANSAN
WEDNESDAY, JULY 27, 2011
PAGE 5
CRIME
Robbery victim recounts night
BY IAN CUMMINGS icummings@kansan.com
The car's headlights crept up on Matt Johnson and John Allred for about a minute before anything happened.
Weeks after the robbery, and after testifying in court, Johnson, a senior from Salina, recalled that and said maybe he could have done something differently. Maybe he could have taken more notice and alerted his friend, and they might have fled.
Hindsight is twenty-twenty. Who knew the car's occupants would jump out on Memorial Drive in the middle of the night, armed and masked, and hold them up for their cash and phones?
But that's what happened at about 1:30 a.m. on June 23, according to Johnson and Allred, another senior from Salina, testifying at the Douglas County District Court July 19, during a preliminary hearing for the two men accused of robbing them.
STROLL ON A DARK STREET
Johnson said he and Allred had some beers and cocktails that evening at the Jayhawk Cafe, 1340 Ohio St., where Johnson works as a barback, before taking a walk on campus. They'd been friends since first grade, but didn't each other in a while. They wandered along Memorial Drive, behind Strong Hall, where they were robbed.
Johnson and Allred described their attackers as a stocky black man and a taller, leaner white man. Minutes after the robbery, police arrested Brandon Huggins, a 23-year-old soldier stationed at Fort Leavenworth, and Michael Gerald, 21, now charged with four felony counts each, including aggravated robbery. Huggins is white and Gerald is black. During the arrest, police recovered property belonging to Johnson and Allred. They also seized a bag of marijuana and a BB pistol.
Johnson said he remembered the robbery well, but there were details that he wasn't sure of, such as the exact type of pistol used.
"It if it was a BB gun — whatever" he said. "It looked real."
Johnson and Allred testified that two men approached from the car, shouting at them to get on the ground. The black man approached first, pointing a pistol at them.
The students complied immediately.
THE COURTROOM
Johnson testified that he thought both of the men were armed, and the defense questioned whether he could clearly describe the the white man's gun. He couldn't say what it looked like or just when exactly he saw it. He said he was focused on the gun right in front of him, held by the black man with the red bandana covering part of
Geoffery Loftus, a professor of psychology at University of Washington in Seattle, has studied eyewitness testimony and memory. He said witnesses sometimes affected concentrate on a weapon when one is present and pay attention to it at the expense of other details, such as the appearance of the person holding it.
Another issue that the defense spent time on in the hearing was Johnson and Allred's state of mind. Both students said they had at least four drinks before leaving the Jayhawk Cafe, and both testified that they were somewhat intoxicated.
Johnson said he wasn't sure anymore if the white man had a gun. He also couldn't remember details about the robbers' clothes, except that they both wore white T-shirts. He said the suspects in court generally matched the body type of the men who robbed him, but that he wouldn't be able to identify them by face because of the masks.
"Some of it is a bit of a haze," he said. "It's frustrating, not being able to remember more about the white guy."
He said that it was difficult, when being robbed, to take into account all the questions that will be asked later.
"Next time, I'll make sure to pay attention to both of my attackers," he said.
Loftus said that alcohol, fear and stress can interfere with perception and memory formation. The idea that the details of highly stressful events will be "stamped in" the memory, he said, was a misconception. What may happen is that such events are important to the person experiencing them, are recalled repeatedly, and become strong memories. But if details were remembered incorrectly, those would be stamped in as well, and witnesses may end up being very confident of incorrect facts.
Johnson said that, although some details have escaped him, he believes Huggins and Gerald are probably the men who robbed him.
"They had our stuff in the car," he said. "Does it get any more cut and dry than that?"
Johnson said he was glad the robbers left his cell phone behind. As soon as the two men drove away, leaving him and Allred lying in the parking lot, he called 911.
"I was really impressed with the police," he said. "They were really prompt and professional."
THE WHEELS OF JUSTICE
Seconds after reporting the robbery, Johnson heard sirens from two different locations. Police arrived minutes later to take their statements.
But between that night and Tuesday, Johnson said, he was often left in the dark about the case. He had trouble
he didn't learn at what time he was to appear at the courthouse Tuesday until 30 minutes before the hearing started. The suspects are next due in court Aug.2.
"It's been a little frustrating," he said. "But they seem to be doing a fine job."
He said testifying was a painless process that, at times, "bordered on enjoyable." The opportunity to testify against the men who, prosecutors say, held him up at gunpoint has given him some satisfaction.
"Oh yeah," he said. "Big time."
MOVING ON
Johnson said he isn't worried about facing the men in court, even though they are charged with felony intimidation of a witness and Huggins is free on bond. The robbery hasn't changed the way he lives, even if it has made him more wary.
"I still do the same things," he said. "I'm just looking over my shoulder all the time."
One night this July, he sensed the glare of headlights creeping up behind him while walking with his girlfriend at night on an empty street in downtown Kansas City. A truck approached and slowed. A man inside leaned over and peered at them as he passed. This time, the vehicle kept rolling and disappeared.
"It was pretty terrifying" Johnson said.
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