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Marinette County District Attorney Brent DeBord had asked for $5 million bail, calling Scott J. Johnson an “extreme flight risk” because he spent time in the military and has traveled extensively. Johnson’s public defender had asked for $1 million bail.
The 38-year-old Kingsford, Mich., man has been charged with three counts of first-degree intentional homicide. According to a criminal complaint, he went to the Menominee River on July 31 and opened fire on a group of swimmers, killing three and injuring one.
Two more charges of attempted first-degree intentional homicide and sexual assault could be added, DeBord said Thursday. Johnson told police he sexually assaulted a woman at the river the day before the shooting, the complaint said.
In addition, a Michigan prosecutor said Thursday he has asked federal authorities to charge Johnson in the death of one victim whose body was found on the Michigan riverbank.
Johnson has been charged in Wisconsin because he fired the shots from here.
But federal prosecutors could seek the death penalty, which is not possible in Wisconsin or Michigan, Dickinson County Prosecuting Attorney Chris Ninomiya said in a statement.
DeBord said he has not made a formal request for federal assistance, but the crime occurred on railroad property, which might give the federal government jurisdiction. He declined to say whether he would prefer that federal authorities take over the case.
Kaye Hooker, spokeswoman for the Western Michigan U.S. Attorney’s office, said no decision has been made yet.
“We’re continuing to have discussions with this to see what federal jurisdiction might exist,” she said.
Dean Puschnig, law enforcement coordinator for the Eastern Wisconsin U.S. Attorney’s office, said officials there were also looking into jurisdictional issues and also have not made a decision about getting involved.
Johnson and his public defender, Len Kachinsky, appeared in court by videoconference. Johnson wore orange jail clothes and appeared unshaven. He answered a handful of questions from Marinette County Circuit Judge Tim Duket with just “yes” or “no.”
Reached later by telephone, Kachinsky said he was not surprised by the bail amount or the possibility of further charges. He noted Duket essentially split the difference between what he and DeBord had requested.
Duket set a preliminary hearing for Aug. 20.
