
Justin’s case went to its first trial in August, 2012, where the Johnstons and Justin’s friend testified. “The security guard was convicted of simple homicide and the hotel was found responsible,” the press release read. Justin’s killer was sentenced to 15 years.
Seven months later, the Appellate Court nullified the Trial Court’s decision on a technicality of whether the guard intended to kill Justin when he shot. “On that technicality, all of the prior work, cost and sacrifices the Johnstons had made towards the first trial was erased,” the press release read.
The Trial Court had explained why it found the guard had meant to kill.
The guard had fired a deadly weapon at Justin from a short distance and did not warn Justin before he fired. There were no warning shots as the guard alleged, the area that he shot Justin in was lit and the guard knew that the hotel was filled at capacity with about 40 foreign students. The shot entered Justin’s chest, hitting his ribs and then his heart. Despite all this, the Appellate Court overturned the Trial Court’s findings. The press report states that there was “overwhelming testimony that despite laws and regulations developed to protect citizens and the tourist industry, there were many violations of the laws made by the defendants.”

On September 16, 2013, more than two years after Justin was killed. The Johnstons flew out to Costa Rica to testify again. At the end of the trial, the security guard who shot Justin was found not guilty and was set free. The official written document of the trial will be released on October 7,2013.
The Johnston family is shocked and devastated by the trial’s results after all of their efforts to fight for justice for their son. ClearCause passionately advocates for safe global travel and works with parents, students and legislators to ensure safety on study abroad. Don’t let a tragedy of this nature happen. Use your voice. And stay informed.
A recent comment on a ClearCause blog by a Costa Rican named David Stein give this harsh warning, “I am sad for you but you do not understand Costa Rica. Hotels have been robbed by armed banditos. The fact the any court here at all gave a 15 year sentence to the shooter is remarkable. Here this is considered a long sentence. Especially in that the guard was attempting to do his job. This is a third world country with much crime and the guards are poor, uneducated people. Nothing excuses what happened but truly if he got 15 years in jail you are lucky. I walk armed in my own neighborhood at night where the guards know me and things are lit up. From my understanding your son was sneaking through a barbed wire fence after a curfew set to ensure safety. I wish I knew what to tell you but this is life here – all the guards are generally uneducated and untrained and often illegal aliens. If you think you are going to change a third world countries behavior you are not. They gave a severe sentence for down here. I have many friends from America who have been shot and stabbed and the perpetrators received no sentence. And, in those cases it was not an accident but an assault. Some have been murdered and the perpetrators received a less severe sentence than your son’s shooter. rather than seeking vengeance against a poor third world country doing its best, maybe this sad thing will serve as a lesson for future tourists down here to be careful, follow rules and not expect much justice. Your son could also have been attacked by a Puma, Jaguar or bitten by a fer-de lance snake – It is dangerous down here, especially if rules are not followed.”
Should parents of teens boycott student programs in Costa Rica?
No comments:
Post a Comment