By KEN de la BASTIDE

ken.delabastide@heraldbulletin.com



Anderson resident Frankie Johnson agreed with the report of an Edgewood police officer that led to his Jan. 7 arrest on numerous felony charges.

Johnson, 36, 1109 Henry St., Anderson appeared Monday in Madison Superior Court 3 on a hearing to revoke his probation from a 1999 conviction. Judge Thomas Newman Jr. ordered him to serve two years in the Madison County Detention Center.

Johnson was arrested on Jan. 7 following a high speed chase in Edgewood and after struggling with Capt. Andrew Ellingwood inside a residence at 1820 Euclid St.

During the struggle, Ellingwood suffered a broken nose when he was struck by Johnson. Johnson was shot in the hand while the two struggled over control of Ellingwood’s back-up revolver.

“I want to apologize to the officer,” Johnson said. “This is the first time I’m charged with something that wasn’t fabricated. I’m sorry for my actions.”

During questioning by Deputy Prosecutor Tom Chaille, Johnson said he agreed with Ellingwood’s probable cause affidavit and his testimony during the probation revocation hearing.

“You take my life as a joke,” Johnson said, “and I don’t. My life has already been stolen from me through fabrications.”

At one point during Johnson’s testimony, his brother, Monte Irby, was ordered out of the courtroom by Prosecutor Rodney Cummings for comments being made. The prosecutor is considered an officer of the court and Irby was disrupting the court proceedings.

Irby was allowed to return to the courtroom to testify and said he got overly excited and only wants his brother treated fairly.

“All his (Johnson) charges come from the police department,” Irby said. “Not all police officers are bad, but there are five percent that don’t act appropriately.”

Irby said his brother spent eight years in prison on charges that weren’t true.

“I just asking everyone involved in this case to be fair,” he said. “He’s not a bad person.”

Johnson is facing charges of battery, resisting law enforcement and residential entry, all Class D felonies in connection with the chase and police action shooting.

“I have been in this court several times,” Johnson testified. “From here it’s to jail and to prison.

“It’s hard for me to get a fair judgment when gossip flows in this office (Superior Court 3) and the prosecutor’s office,” he said. “All I ask for is fair treatment.”

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